Talbot County, MD Development Standards

Minimum frontage.

All lots shall have frontage of at least 50 feet on a public or private road. Pipestem or flag lots shall maintain a minimum lot width of 50 feet for a depth of at least 25 feet from the road right-of-way.

The minimum road frontage may be reduced to not less than 25 feet if the lot has joint access with an adjacent lot.

35.2

Access requirements.

Access required.

All lots shall have direct access to a public or private road.

Every building hereafter constructed or use established shall be on a lot with access to a public or approved private road and shall be located to provide safe and convenient access for fire protection vehicles. Structures on islands are excluded from this provision.

Design and location.

The design and location of new access points shall be reviewed and approved by the County Engineer.

Access points to state roads shall also be approved by the State Highway Administration.

As a condition of site plan approval, the County Engineer or Planning Director may require improvement and consolidation of existing access points to a commercial, industrial or institutional use where the improvements will enhance vehicular and pedestrian safety.

The number of new access points to existing state and County roads shall be limited to the extent possible. Joint entrances for adjacent lots shall be required wherever practical.

In the AC, CP, WRC, TC, RC, RR, and TR Districts, not more than two lots divided off an original parcel shall have access to an existing County or state road. Additional lots shall have access to an internal subdivision road, unless a waiver is granted based upon findings that:

The size, shape, topography, soil types or other physical conditions prevent internal access to all of the lots required to have such access; or

The additional lots having access to an existing road are at least 10 acres in size and have no development rights that would make future subdivision possible; or

No reasonable alternative is available other than access to an existing state or County road.

35.3

Right-of-way dedication.

Right-of-way for road widening. If property undergoing subdivision is adjacent to an existing road right-of-way, the property owner shall provide an easement or dedication of 1/2 the width necessary to bring the right-of-way up to the width required by Chapter 134, the Roads Ordinance.

New public road right-of-way. New public road rights-of-way shall be dedicated and deeded to the County or state as part of the final plat recordation.

New private road right-of-way. A private road right-of-way may be established through an easement or fee simple dedication as approved by the County approving authority.

35.4

Road design and layout for subdivisions.

Subdivision layout shall minimize the number of access points to collector and arterial highways.

Neighborhood residential roads shall be laid out to discourage their use by traffic not having its destination within the neighborhood.

Road crossings over environmentally sensitive areas are prohibited unless no feasible alternative exists.

The road layout shall provide for the continuation or projection of existing roads into areas adjacent to the land being subdivided, unless such continuation or extension is deemed undesirable due to topographic constraints or design.

Layout of roads in residential areas shall discourage high traffic speeds.

Layout of roads shall minimize potential conflicts between pedestrians and vehicles.

The applicants shall provide easements, right-of-way and road improvements as required by the County Engineer in conformance with the Talbot County Roads Ordinance.

The applicant shall erect street signs and traffic control devices as required by the County Engineer.

35.5

Sidewalks and streetlights. The applicant for a subdivision or site plan shall provide for installation of sidewalks and streetlights as required by this section.

The decision to require sidewalk and streetlight improvements or easements shall be made by the Planning Director for minor subdivisions and minor site plans, or by the Planning Commission for major and small-scale subdivisions and major site plans.

Sidewalks may be required for residential subdivisions with lot sizes averaging two acres or less, for commercial, industrial, or institutional uses, or for other development where the approving authority finds that sidewalks will serve anticipated pedestrian traffic and provide for convenient and safe travel by pedestrians.

Sidewalks shall be required for major retail development in accordance with the requirements for major retail uses in Article IV.

Streetlights may be required for residential subdivisions with lot sizes averaging two acres or less, for nonresidential development, and in any location where desirable to improve public safety.

§ 190-36 Subdivision design.

36.1

Area included.

Plan to include all of parcel. A subdivision plan shall include all of the area within the parcel or lot being subdivided. Land being subdivided shall be designated as lots, rights-of-way, open space, agricultural parcels or remaining lands. Undesignated remnants of land shall not be created.

Noncontiguous parcels. If a parcel is divided into two or more noncontiguous sections by a public road or a major watercourse, each section shall be considered a separate parcel for purposes of subdivision design and calculation of the number of development rights allowed under this chapter.

36.2

General standards.

Subdivision design shall be consistent with the purposes of this chapter, the purposes and design guidelines of the zoning district, and the policies of the Comprehensive Plan.

Subdivision design shall be based on comprehensive analysis of the site and consideration of the character of the surrounding land.

Lots shall be located to minimize the need for grading and altering topography and to avoid areas of environmental sensitivity.

The following resources shall be preserved to the extent possible, consistent with rational utilization of land and in accordance with applicable local, state and federal regulations.

Nontidal wetlands.

Perennial and intermittent streams.

One-hundred-year floodplains.

Habitats of threatened and endangered species.

Forests, woodlands and significant trees.

Slopes in excess of 15% grade.

Historically significant structures and sites as determined by available inventories.

To the maximum extent practical, and provided that the subdivision complies with standards for preservation of environmentally sensitive areas, the subdivision shall conserve agricultural lands through the following means:

Wherever feasible, new subdivisions should primarily consist of subdivision lots of five acres or smaller and larger parcels that retain contiguous areas of working agricultural lands.

Residential lots and associated subdivision roads should not dissect or break up contiguous agricultural fields.

Where practical, residential lots should be clustered on the edges of fields and along woodland fringes.

Adequate buffering or separation should be maintained or established within a subdivision between residential lots and working agricultural fields and operations in order to minimize conflicts between these often incompatible land uses.

The subdivision shall be designed to mitigate adverse effects of noise, dust, odor, traffic, and drainage onto neighboring properties.

36.3

Lot design.

General.

The area dedicated to a public or private road right-of-way shall not be included within the area of adjoining lots for purposes of compliance with lot size, width or setback requirements.

Where future subdivision is possible, the Planning Director or Planning Commission may require that lots be arranged to allow further subdivision.

In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan.

Dimensions of corner lots shall be large enough to allow for erection of buildings while observing the minimum front yard setback from both streets.

Depth and width of properties intended for business, commercial or industrial purposes shall be adequate to provide for off-street parking and loading facilities required for the type of use and development contemplated.

Pipestem lots. Pipestem or flag lots may be permitted in residential districts, subject to the following requirements:

The minimum lot area shall not include the area of the pipestem.

The pipestem area of the lot shall be at least 25 feet wide.

No more than two pipestem lots shall have adjacent frontage on a road.

Lots with adjacent pipestem frontages shall share a single driveway entrance to the road. Access and maintenance easements for the shared access shall be recorded and referenced on the final plat.

Orientation and setbacks.

The front setback shall not apply to the pipestem area.

For subdivisions with more than one pipestem lot, the lot layout shall pair pipestem lots whenever possible, so that the units share a driveway access and face each other across a common driveway.

New subdivisions and/or development activities whose development or dwelling units are located outside of the Critical Area shall not include a flag or pipestem connection through the Critical Area so as to create riparian access.

36.4

Private water bodies and watercourses. If a tract being subdivided contains a private water body, such as a lake, pond or stream, or portion thereof:

Lot lines shall be drawn to assign ownership of the entire water body to an adjacent lot or to distribute ownership among the adjacent lots.

If ownership is distributed among the adjacent lots, covenants establishing responsibility for maintenance of the water body shall be required for all lots sharing ownership. The covenants shall be approved by the Planning Director and shall ensure that responsibility for safe maintenance of the water body will not become a County responsibility.

No more than 25% of the minimum required lot area shall be satisfied by land which is under water.

36.5

Drainage and utility easements.

Lots shall be laid out to provide drainage away from buildings. Individual lot drainage shall be coordinated with the surface runoff pattern for the area to avoid drainage onto adjacent lots.

Drainage and utility easements as deemed necessary by the County Engineer shall be provided along lot lines and road frontages for the purpose of installing and maintaining utilities and drainageways.

The County Engineer may also require drainage easements on private property that connect to and impact drainageways along County roads.

Drainage and utility easements shall be noted on the plat and shall be at least 15 feet wide along a boundary contiguous to a road right-of-way, at least 15 feet wide if centered along a new line of division, at least 10 feet wide along an existing lot line, or as required by the County Engineer.

§ 190-37 Protection of sensitive environmental areas.

37.1

Buffers from streams and nontidal wetlands outside the Critical Area. The following standards apply to all applications for development activity outside the Critical Area, including building permits; major, small-scale and minor subdivisions; and major and minor site plans.

A one-hundred-foot buffer from all perennial streams and a fifty-foot buffer from intermittent streams shall be required for all development activity. The buffer shall be measured from the edge of the streambank.

A buffer expansion shall be required, beyond the minimum one-hundred-foot or fifty-foot stream buffer, to include and extend beyond contiguous, sensitive areas, such as slopes 15% or greater, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments. See "buffer expansion," as defined in Article IX.

If a steep slope is contained completely within the stream buffer, buffer expansion is required only to provide a buffer of at least 25 feet from the top of the slope.

If a steep slope is partially within or contiguous to the stream buffer, the buffer shall be expanded four feet for every 1% of slope beyond the required buffer, or 25 feet from the top of the slope, whichever is greater in extent, except as provided in Subsection B.3 below.

The approving authority may approve a buffer expansion limited to 25 feet from the top of the slope, even if greater expansion would be required based on the Subsection B.2 above, if the approving authority determines that the slope has one or more of the following characteristics:

The area of steep slopes is less than 10 feet in width;

The steep slopes are isolated and less than 10,000 square feet in area, irrespective of property lines;

The area of steep slopes has a width of less than 25 feet where it crosses the stream buffer boundary; or

Similar characteristics exist resulting in a narrow and/or isolated area of steep slopes.

The following criteria shall be used to determine the extent of the expanded buffer for highly erodible soils or hydric soils:

For a nontidal wetland of special state concern, expand the Buffer to include the upland boundary of the wetland and its regulated 100-foot Buffer;

For other nontidal wetlands, expand the Buffer to include the upland boundary of the nontidal wetland;

For highly erodible soils or hydric soils with a slope of 5% or greater, expand the Buffer to the lesser of the landward edge or 300 feet, including the required stream buffer width.

The approving authority may reduce the extent of the expanded buffer for erodible soils or hydric soils when it is demonstrated that:

Development and lot layout will minimize adverse impacts on water quality and natural habitats; and

Impacted area for the development is minimized; and

Disturbed area is mitigated 2:1 as shown on a planting plan approved by the Department of Planning and Zoning; and

Clearing of natural vegetation on the property is restricted to less than 30% of the lot or parcel and a variance to exceed this restriction shall be prohibited in perpetuity through appropriate deed restrictions.

A 25-foot buffer from nontidal wetlands shall be required for all development activity, measured from the edge of the wetland. Regulated activities within nontidal wetlands and their buffers authorized by a permit or letter of exemption from the Maryland Department of the Environment, and development activities that do not require a permit or letter of exemption from the Maryland Department of the Environment, are not subject to this requirement.

Lots shall be designed to provide buildable area and usable yard area outside of required buffers.

Stream and wetland buffers shall be undisturbed and maintained in natural vegetation, except as provided in Table V-1.

Table V-1. Restrictions on Land Uses Within Stream and Wetland Buffers
Type of Land Use			Grounds for Approval
1.	Agricultural practices		Permitted within buffers provided the practices are consistent with an approved soil conservation and water quality plan and/or nutrient management plan.
2.	Forestry or timber harvesting		Permitted within buffers subject to an approved forest management plan.
3.	Practices or activities to maintain the health of individual trees		Permitted within buffers in accordance with accepted forestry practice. A property maintenance permit is required.
4.	Water-dependent facilities		Permitted within buffers subject to requirements of Article IV for the particular land use; disturbance of the buffer must be the minimum necessary for the facility. A permit shall be obtained from the Maryland Department of the Environment if required by Maryland regulations.
5.	New structures and improvements		For lots existing prior to June 22, 1991, and having at least 50% of the lot area located within a required stream or wetland buffer, a waiver may be granted to allow structures within the buffer if:
			a.	No practical or feasible alternative exists for locating such structures outside the buffer; and
			b.	The disturbances proposed are the minimum necessary.
6.	Alterations to existing structures		Existing structures located within the required stream buffer or wetland buffer as of June 22, 1991, may be altered, repaired, or expanded along the established setback from the edge of the stream or wetland, in accordance with the provisions of § 190-50 for nonconforming structures.
7.	Permanent or temporary stormwater management facilities		Permitted within buffers only if one of the following conditions is met:
			a.	No feasible alternative exists for locating the facility outside the buffer; and
			b.	The County Engineer finds that the facilities are consistent with best management practices.
8.	Permanent or temporary sediment control devices		Permitted within buffers only if one of the following conditions is met:
			a.	No feasible alternative exists; and
			b.	The Soil Conservation District finds that the devices are consistent with best management practices.
9.	Utilities and transportation:		Permitted within buffers only if:
	a.	Road or trail crossings	a.	No practical or feasible alternative exists for locating such improvements outside the buffer; and
	b.	Utility transmission lines	b.	The disturbances proposed are the minimum necessary for the facilities.
	c.	Sewer and water lines
	d.	Other public or community utilities

37.2

Threatened and endangered species habitat outside the Critical Area. The following standards apply to major site plans and to all subdivision plans outside the Critical Area.

A habitat protection plan shall be required for major site plans and all subdivision plans if the plan:

Is in a location identified by the Maryland Department of Natural Resources as habitat of threatened and endangered species; or

Proposes development activities that will impact a nontidal wetland or the twenty-five-foot nontidal wetland buffer.

A habitat protection plan will prohibit development activities and disturbances that would disrupt the nesting, breeding, stopover, and/or feeding activities of the threatened or endangered wildlife or plant species on the site.

The Planning Director or Planning Commission in approving the development application shall determine which recommended protection measures shall be made a condition of approval. Such measures may include, but shall not be limited to:

Restrictions on location of structures;

Establishment of undisturbed open space areas;

Restrictive covenants; or

Restrictions on noise levels and timing of construction activities.

§ 190-38 Noise.

Measurement, levels and standards. Noise shall be measured and comply with the decibel levels and standards defined in Chapter 92, Noise Ordinance.

Exemptions. Exemptions and prohibited noise acts are listed in Chapter 92, §§ 92-5 and 92-6.

Site plan reference to noise standards. For development requiring a site plan and having an outdoor use area, the site plan shall indicate the applicable noise limit at the property line, based on Talbot County's noise standards within Chapter 92, and indicate that the use shall comply with the noise limit. Mitigation measures, as applicable to a site, shall be installed and maintained in accordance with § 92-7E.

§ 190-39 Outdoor lighting.

Outdoor lighting shall be installed so that direct or indirect illumination from the source does not cause excessive illumination beyond any lot line and does not cause a nuisance to surrounding properties due to glare.

Flickering and intrinsically bright sources of illumination shall be controlled by shielding or aiming the light source away from roads and neighboring properties.

Outdoor lighting for nonresidential uses shall be shielded and directed away from adjacent properties, public rights-of-way and the night sky.

Outdoor lighting fixtures for parking areas shall not exceed 20 feet in height.

Lighting installed on piers, docks or wharves shall be shielded in such a way that the bulbs, lenses or light globes are not directly visible more than 75 feet away from the pier, dock or wharf at a height greater than six feet above pier decking.

Site plans for properties adjacent to conservation, residential or village zoning districts shall include sufficient details of proposed exterior lighting to indicate that the lighting will be directed and shielded in compliance with these standards.

§ 190-40 Landscaping.

40.1

Purpose. The minimum landscaping requirements in this section are intended to:

Ensure the planting, maintenance, restoration, and survival of trees, shrubs, and other plants;

Promote the conservation of existing healthy trees and vegetation, and provide for the restoration of land denuded as a result of grading and construction;

Establish a clear and attractive boundary between the public road and private property;

Mitigate negative impacts on residential properties, including lack of privacy, visual appearance, noise and lighting, that can occur when higher intensity land uses locate near lower intensity land uses;

Filter and screen the glare of headlights and exterior lighting;

Safeguard and enhance property values and aesthetic qualities; and

Coordinate landscaping standards with stormwater management.

40.2

Applicability and general requirements.

Applicability.

The provisions of this section apply to:

Major, minor and administrative site plans.

Subdivisions (street yard landscaping only; § 190-40.5.D.2.)

For site plans that expand an existing use, the following standards apply:

Calculate the percentage of cumulative expansion as follows: total square footage of increased lot coverage by buildings, paved areas and outdoor use areas, divided by the total square footage of lot coverage by buildings, paved areas and other outdoor use areas existing on the effective date of this ordinance, times 100.

For cumulative expansion of 100% or less, the landscaping standards apply only to the portions of the lot impacted by the expansion of the building, parking area and outdoor use area.

For cumulative expansion of more than 100%, the landscaping standards apply to the entire lot.

Relationship to other standards.

These landscaping requirements are in addition to:[1]

Landscaping requirements within the regulations for certain zoning districts and overlay districts, such as the VM, VH, VR, Critical Area Overlay and Gateway Overlay Districts.

Landscaping requirements specific to certain land uses established in Article IV.

Planting requirements for stream buffers and habitat areas (§ 190-37).

[1]

Editor’s Note: With the permission of the County, the word "requirements" was added to this subsection.

In the case of conflicting requirements, the more stringent requirement shall apply. Where differing requirements have different purposes, the requirements more closely related to protection of water quality and habitat protection shall prevail.

Types of requirements. This § 190-40 establishes four types of landscaping requirements:

Minimum planting requirements (§ 190-40.3);

Parking area interior landscaping (§ 190-40.4);

Perimeter landscaped yards (§ 190-40.5); and

Other required landscaping (§ 190-40.6).

40.3

Minimum planting requirements.

Applicability. The minimum planting requirements apply only to development requiring a major site plan.

Requirements. The cumulative area of all on-site plantings must provide the following:

At least 25% of the site shall be landscaped area; and

At least one tree must be provided or retained for each 5,000 square feet, or fraction thereof, of developed site area. At least half of the minimum required trees shall be canopy trees. (See definition of "tree, canopy" in Article IX.)

40.4

Parking area interior landscaping.

Applicability.

The parking area interior landscaping requirements apply to development having 12 or more parking spaces.

For purposes of this requirement, the parking area:

Includes all areas within the outer boundary of the parking lot including parking spaces, drive aisles, walkways, and loading areas;

Includes paved areas used for display of vehicles for sale or for rent;

Includes parking spaces for visitors, employees or fleet vehicles; but

Does not include the perimeter landscape yard or vehicle repair areas.

Minimum landscaped area and planting.

For each 100 square feet or fraction thereof of parking area, 10 square feet of landscaped area shall be provided.

One canopy tree is required for every 10 parking spaces or fraction thereof.

Trees shall be distributed so that the closest point of each parking space is either no more than 80 feet from the trunk of a canopy tree or no more than 50 feet from the trunk of an understory tree.

Residual areas not used for parking, access, or circulation must be landscaped.

Landscape islands and medians.

Trees shall be distributed throughout parking areas, and may be located in landscape islands, landscape divider medians between rows of parking, or driveway medians. (See Figure V-1 in § 190-40.7 below.)

Any parking aisle with more than 10 spaces in a single row shall end in a landscape island.

Islands for planting trees shall have a minimum dimension of nine feet and a minimum area of 162 square feet, including the curb.

A continuous landscape divider median shall be provided between every four rows of parking spaces. Landscape divider medians between adjoining rows of parking spaces and serving as driveway medians shall have a minimum dimension of seven feet, including the curb.

Landscape islands or medians that do not have canopy trees shall include shrubs planted no further apart than 10 feet on center.

Landscape islands and divider medians should generally be protected from vehicle damage by curbing or wheel stops, but designs without such protection are permitted for stormwater management. Where curbing is used, gaps in curbing to accommodate stormwater management are encouraged.

The placement of plant material shall allow for a 2-foot vehicle overhang from the face of the curb or wheel stop.

Any landscaped area may be designed to function for stormwater management.

40.5

Perimeter landscape yards.

Applicability. Perimeter landscape yards may be required for:

Development requiring a site plan: See Subsection C and D.1 below.

Subdivisions: street yard landscaping only; see Subsection D.2 below.

General.

Perimeter landscape yards will generally be located on the outer perimeter of a lot, extending to the lot line, and may not be located on any portion of a public or private street or right-of-way.

For a use that occupies only part of a larger parcel, such as an agricultural support business on a farm, the perimeter landscape yard may be around the perimeter of the use rather than along the lot line.

To determine the type of perimeter landscape yard required on a lot:

Identify whether any portion of the lot line of the site is a zoning district boundary;

Identify any street adjacent to the site as an arterial, collector, or local street; and

Determine the required perimeter landscape yards based on Subsections C and D below.

Storage, display and outdoor operations of any type are prohibited within perimeter landscape yards.

Table V-4 (Subsection E below) establishes standards for the following types of landscape yards:

Type A, Basic Landscape Yard;

Type B, Intermittent Landscape Yard;

Type C, Semi-Opaque Landscape Yard;

Type D, Opaque Landscape Yard; and

Type E, Street Yard.

Perimeter landscape yards between zoning districts or land uses.

Required landscaping. A development site requiring a site plan must provide a perimeter landscape yard along the common lot line with an adjacent lot as indicated in Table V-2.

Table V-2. Type of Required Landscape Yard³ Between Zoning Districts or Land Uses
Zoning of Proposed Development	Zoning of Adjacent Land
	AC, CP, WRC, TC, RC	RR, TR	VR	VH or VM		LC	GC	LI
	AC, CP, WRC, TC, RC	RR, TR	VR	Residential or Undeveloped	Non-Residential Principal Use	LC	GC	LI
AC, CP, WRC, TC, RC, RR, TR, VR^{1, 2}	B	C	C	C	A	—	—	—
VM^{1, 2}	B	C	C	C	—	—	—	—
VH^{1, 2}	B	C	C	B	A	—	—	—
LC	B	C	C	C	A	—	—	—
GC	C	C	C	C	B	A	—	—
LI	C	D	D	D	C	B	B	—

Notes:
¹	A perimeter landscape yard is required only for uses requiring a site plan. No landscape yard is required for dwellings and other land uses not requiring a site plan. (See § 190-60.2.)
²	If the use requiring a site plan is on a property also having a primary dwelling, the perimeter landscaping is required only along property lines as needed to buffer adjacent properties from all uses and improvements related to the use requiring the site plan.
³	See Table V-4 for requirements for each type of landscape yard.

Reduction in width based on building location. If the required building setback is less than the required landscape yard width, the landscape yard width may be reduced along the length of the building wall that encroaches into the landscape yard. Regardless of reduction in landscape yard width, the required planting material must be installed, though its location may be modified in accordance with § 190-40.9, Modifications to landscaping requirements.

Encroachments. In village zones, the following features may encroach up to two feet into the required landscape yard: steps, overhanging eaves and gutters, window sills, bay windows or similar architectural features, chimneys, and handicap ramps.

Perimeter landscape yards adjacent to streets.

Applicability for site plans. Perimeter landscape yards adjacent to streets are required for development requiring a site plan as indicated in Table V-3 below.

Table V-3. Type of Required Landscape Yard Adjacent to Street
	Classification of Street
Zoning of Property Subject to Site Plan	Arterial	Collector	Local
AC, CP, WRC, TC, RC	B	B	B
RR, TR	B	B	B
VR	B	B	B
VM	B	A	A
VH	B	A	A
LC	B	A	A
GC	B	A	A
LI	B	A	A

Note: See Table V-4 for requirements for each type of landscape yard.

Applicability for subdivisions. A street yard (landscape yard Type E, Table V-4) is required for major subdivisions in which the average lot size is one acre or less. For other subdivisions, a street yard may be required by the approving authority.

Measurement and access points. The width of driveways, measured at the lot line, shall be excluded from the linear feet of lot frontage in calculating required numbers of trees and shrubs.

Fences. The approving authority may approve an opaque or semi-opaque (50% opaque or more) decorative fence in lieu of the shrub requirement for landscape yards adjacent to streets, subject to the following requirements:

The fence is at least 36 inches high above grade level, located between a street and a parking lot, and made of brick, stone, wrought iron, decorative aluminum, decorative steel, painted or stained wood, or composite material.

The approving authority may require up to 50% of the required number of shrubs where a semi-opaque fence is proposed to ensure the parking lot is sufficiently screened.

Zoning district modifications.

In the Gateway Overlay District, the landscape yard requirements along the street are modified as provided in the requirements for the overlay district.

In the village zoning districts, the approving authority may eliminate or reduce the perimeter landscape yard along the street frontage where the front yard is too shallow.

Features within perimeter yard. The following features are permitted within a landscaped yard adjacent to a street right-of-way, provided that the landscaped yard functions as intended:

Walkways;

Site furniture (benches, trash cans);

Signage;

Site lighting, lamp posts and address posts;

Drainage facilities;

Ornamental entry columns, gates, fences, walls, and retaining walls;

Flagpoles; and

Mailboxes.

Types of perimeter landscape yards.

Minimum perimeter landscape yard requirements. Table V-4 establishes intent and requirements for the types of perimeter landscape yards required by this section.

Permitted substitutions.

Canopy trees may be substituted for understory trees.

Understory trees may be substituted for canopy trees at the rate of two understory trees for each canopy tree, when a conflict exists due to overhead utility lines.

Evergreen trees may be substituted for understory trees.

Ornamental grasses may be substituted for shrubs.

Table V-4. Perimeter Landscape Yard Types
Landscape Yard Type	Description/Minimum Requirements
Type A: Basic Landscape Yard
Intent: This landscape yard functions as a means to demarcate boundaries between different uses, and, where applicable, to reduce the visual impact of parking areas and reduce headlight glare.
Minimum average width (feet)	8
Minimum width (feet)	5
Canopy trees per 100 linear feet	2
Understory trees per 100 linear feet	2
Shrubs per 100 linear feet	20. Required shrubs shall be 25% or more evergreen
Spacing of landscape materials	Landscape materials may be spaced regularly or grouped, provided the intent of the landscape yard is met.
Type B: Intermittent Landscape Yard
Intent: This landscape yard functions as an intermittent visual screen from the ground to a height of 5 feet. It is intended to partially block visibility between different uses, but not totally obstruct visual contact from one use to another.
Minimum average width (feet)	15
Minimum width (feet)	10
Canopy trees per 100 linear feet	3
Understory trees per 100 linear feet	4
Shrubs per 100 linear feet	20. Required shrubs shall be 50% or more evergreen.
5-foot opaque fence	Reduces average and minimum widths by 5 feet
Spacing of landscape materials	Landscape materials may be spaced regularly or grouped, provided the intent of the landscape yard is met.
Type C: Semi-Opaque Landscape Yard
Intent: This landscape yard functions as a partially opaque screen from the ground to a height of 6 feet. This type of buffer provides for greatly reduced visual contact between uses, and creates a sense of spatial separation.
Minimum average width (feet)	25
Minimum width (feet)[2]	20
Canopy trees per 100 linear feet	4
Understory trees per 100 linear feet	6
Shrubs per 100 linear feet	25. Required shrubs shall be 50% or more evergreen
5-foot opaque fence	Reduces average and minimum widths by 5 feet
Spacing of landscape materials	Landscape materials may be spaced regularly or grouped, provided the intent of the landscape yard is met.
Type D: Opaque Landscape Yard
Intent: This landscape yard functions as an opaque screen from the ground to a height of at least 8 feet. This type of buffer prevents all visual contact between uses, and creates a strong impression of total separation.
Minimum average width (feet)	45
Minimum width (feet)	35
Canopy trees per 100 linear feet	4
Understory trees per 100 linear feet	10
Shrubs per 100 linear feet	33. Required shrubs shall be evergreen
5-foot opaque fence	Reduces average and minimum widths by 10 feet
Spacing of landscape materials	Trees and shrubs must be spaced regularly to provide a visual screen.
Type E: Street Yard
Intent: This landscape yard ensures that shade trees are provided along streets.
Minimum average width (feet)	8
Minimum width (feet)	5
Canopy trees per 100 linear feet	2
Shrubs per 100 linear feet	None required. Shrubs used may be evergreen or deciduous.
Spacing of landscape materials	Trees no more than 50 feet apart, except as needed for access drives

[2]

Editor’s Note: With the permission of the County “[2],” which was included erroneously, was removed from this entry.

40.6

Other required landscaping.

Trash receptacles and dumpster areas must be screened by an opaque fence with a minimum height of seven feet, and consisting of wood, brick, vinyl or masonry.

In addition to the perimeter landscaping required above, any outdoor storage, loading or processing areas associated with contracting, manufacturing, processing or similar uses shall be screened from conservation, residential, or village zones with a Type D lLandscape yard, if the area is within 100 feet of the zoning boundary.

40.7

Diagram of landscape areas. Figure V-1 illustrates required types of landscape areas on a nonresidential site.

Figure V-1. Types of Landscape Areas

40.8

Landscape plan.

A landscape plan depicting how required landscaping will be planted on a development site shall be included with an application for a major, minor, or administrative site plan, special exception, or other application requiring landscaping.

The landscape plan shall be approved concurrent with the approval of the site plan or special exception.

A landscape plan shall contain, as a minimum, the following:

Location of required planting material;

Identification of trees and plants, including their scientific names;

Minimum and maximum dimensions of all landscape yard areas;

Calculations determining the number of canopy trees, understory trees, and shrubs required;

Locations, species, and sizes of existing vegetation to be retained and counted towards minimum landscaping requirements; and

Existing topography or proposed topography where site grading is proposed to occur.

40.9

Modifications to landscaping requirements.

An alternate landscape plan may be approved by the approving authority in accordance with the procedures in § 190-62 for waivers.

Any alternate landscape plan approved shall meet the intent of the applicable landscape yard(s) and the general intent of the landscaping standards of this section, and shall provide sufficient screening and separation between uses.

An alternate landscape plan may include modifications to the width of the landscape yard, the number or type of required plan materials, or the spacing of plant materials.

The alternative landscape plan shall include justification for the modifications requested, based upon one or more of the following:

Natural physical conditions (such as streams, wetland areas, and topography);

Lot configuration;

The presence or planned location of public utilities, infrastructure, or easements;

The location of existing healthy vegetation or other beneficial site features to be retained after development;

The size, shape, or topographic elevation of the site relative to adjoining streets and properties;

Extent of setbacks or natural barriers between proposed uses and the property line;

Permanent restrictions on use of adjoining property;

Existing shaded areas or other site features that reduce the chances of survival for landscape materials in required locations; and

The need to protect solar access or avoid permanently shaded areas on the site.

40.10

Credit for existing vegetation.

General standards. Existing healthy, well-formed canopy and understory trees that are in or within 10 linear feet of a required landscape yard and that meet or exceed the standards of this section may be credited toward the applicable tree planting requirements of this section, provided that:

The applicant has provided a plan showing the location and size of canopy and understory trees to be credited, and trees depicted on the plan have been marked or identified on the site.

The canopy and understory trees to be credited are protected before and during development by tree protection fencing.

The existing canopy and understory trees to be credited contribute to the screening functions of the landscaping.

Any canopy or understory trees for which credit has been received that die shall be replaced in a manner that ensures the landscaping meets the requirements of this section.

Regardless of the number or size of preserved trees in required street yards, the distribution of trees shall result in at least one canopy tree for every 50 linear feet of required street yard.

Amount of credit.

Existing trees meeting the standards in Subsection A above that are retained during and after development shall be credited towards the minimum landscape requirements. The credit for each tree preserved is determined by Table V-5:

Table V-5. Tree Preservation Credits
Existing Dripline (feet in spread)	Or	Existing Trunk Diameter (DBH) of Preserved Tree(s)	Number of Tree Credits (inches in diameter)
50 or greater		26 or greater	5
40 to less than 50		20 to 25	4
20 to less than 40		9 to 19	3
10 to less than 20		5 to 8	2

All other trees preserved will receive one credit. The approving authority may refuse credit for existing trees with life spans of 20 years or less or invasive species.

Each tree credit is equal to one canopy tree or 1.5 understory trees.

Protection of existing trees during construction.

It is the responsibility of the owner to use reasonable care to maintain preserved trees. If a preserved tree dies within eight years, it is the responsibility of the owner to replace that tree with the number of trees credited within six months.

The landscape plan must describe methods to be used to ensure the survival of all trees scheduled for credit.

The area beneath the canopy of a tree must be kept safe from harmful impact during site development and construction. Protected trees must be enclosed by a tree protection fence of at least five feet high. The limits of the tree fence must extend to the dripline. Tree fence location must be as described on the site plan.

In the event that a point of ingress/egress is required through a grove of trees to be preserved and all alternative routes have been investigated, the approving authority may allow a temporary pathway through the grove. Such a route will be as narrow as practical, temporarily covered with gravel to protect tree roots from heavy machinery, and enclosed by protective fencing on both sides. A licensed arborist must be hired in order to properly prune tree branches damaged by construction equipment.

Tree protection fencing must be in place prior to any clearing or site work and remain in place until all construction has been completed.

Violation of tree protection methods will subject the owner to the loss of tree preservation credits and will require the suspension of all work until a revised landscape plan is approved for the project.

40.11

Landscape specifications.

Plant material.

Size at planting.

Canopy trees shall have a minimum caliper size of two inches at planting.

Understory trees shall have a minimum caliper size of two inches at planting.

Evergreen trees shall be a minimum of six feet in height at planting.

All shrubs must be at least a three-gallon size and have a minimum height or spread of 15 inches at the time of planting. Shrubs shall reach a minimum height of 36 inches and a spread of 30 inches within three years of planting.

Acceptable species. Plant species used in required landscape yards must be native species or species of a locally adapted nature. Invasive species shall not be used. Refer to the List of Acceptable Landscape Species published by the Department of Planning and Zoning for listings of acceptable plant material.

Species diversity. To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the following standards:

When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions.

When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions.

When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions.

Stabilization.

Landscape yards shall be stabilized and maintained with ground cover, mulch, or other approved materials to prevent soil erosion and allow rainwater infiltration.

Landscape yards with slopes of 15% or more shall be stabilized with vegetative cover to minimize erosion and mulch washout.

Stormwater management and landscaping. Trees and shrubs used in bioretention cells or rain gardens located in parking lots or within landscape yards may be counted toward tree or shrub requirements provided they meet the minimum specifications of this section.

Berms.

Berms may be used independently, or in conjunction with a wall or fencing, to meet the screening intent of the landscape yard.

Berms must be stabilized, have a slope not exceeding 3:1 (horizontal to vertical), have a crown width at least 1/2 the berm height, and may be no taller than eight feet above the toe of the berm slope.

A berm may not damage the roots of existing healthy vegetation designated to be preserved.

A berm may not be designed or placed as to interfere with sight distance at driveway entrances or road intersections.

Fences.

Opaque fences in the side or rear yard, a minimum of five feet in height, may reduce the minimum and average landscape yard width requirement in accordance with Table V-4, Perimeter Landscape Yard Types.[3]

[3]

With the permission of the County, the typographical error “Table V-3” was corrected to read “Table V-4.”

If utilized, fences shall be located within the landscape yard, and all required shrubs shall be planted between the fence and the lot line. Required trees may be planted on either side of the fence.

Streets and easements.

Trees shall not be located within four feet of the right-of-way line of a street.

Required trees and shrubs planted within a utility, drainage, or other easement must be approved by the easement holder.

When trees or shrubs are planted in an easement, the landowner is responsible for replacement of any required vegetation, if maintenance or other utility requirements result in its removal.

Obstructions at intersections. No trees or shrubs shall be planted or maintained to obstruct visibility at any street intersection in accordance with § 190-12.2.C.2, clear vision area on corner lots.

Multiple-lot development. A multiple-lot development, such as a shopping center, that is configured and developed as a single entity shall be treated as a single lot for the purposes of applying the landscaping requirements.

40.12

Installation and maintenance.

Installation.

Required landscaping (including mulching and seeding) shall be installed in accordance with this section prior to the issuance of a certificate of occupancy, unless a developer agreement with financial guarantee is approved (§ 190-61) to ensure installation during the next growing season.

The maximum length of time for deferral of landscaping pursuant to a developer agreement shall be six months after the use and occupancy permit is issued, which may be extended one time for up to 90 days by the Planning Director.

Landscape yard maintenance.

General. The landowner is responsible for maintaining all required plant materials and landscape yards in good health and appearance. Any dead, unhealthy, severely damaged, or missing plants (whether preserved or installed) must be replaced with new plant material equal in quantity and quality. Replacement plant material shall be installed within 180 days of the date of owner notification. The obligation for continuous maintenance is binding on any subsequent owners of the land, or any other parties having a controlling interest in the property.

Protection of plant material. The landowner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. When landscape yards are adjacent to parking lots or drives, plants shall be protected from damage by vehicles, lubricants, or fuels.

Authorized removal. Once installed and inspected, required landscape material shall not be removed or relocated without approval of a revised landscape plan.

Replacement of dead or diseased material. The replacement of dead or diseased trees and shrubs in a 1:1 ratio in the same location is considered normal landscape yard maintenance, and does not require approval of a landscape plan.

Hazardous trees. If any required tree is determined to be in a hazardous condition such that it is an immediate danger to the public safety, the Planning Director may authorize the removal of the tree without landscape plan approval. Following removal, the Planning Director shall determine if tree replacement is necessary in accordance with this subsection.

Unauthorized removal. Except in accordance with Subsection B.5, Hazardous trees, removal of required plant material without approval of a revised landscape plan shall be considered a violation of this ordinance.

§ 190-41 Off-street parking; off-street loading.

41.1

Application.

Off-street parking and loading spaces shall be provided in accordance with this section for:

New buildings or uses;

Additions to or enlargement of existing buildings or uses; and

Changes in the use of a building or site.

Requirements of this § 190-41 may be the subject of a waiver application as provided in § 190-62.

41.2

Determination of required off-street parking.

Off-street parking spaces shall be provided in accordance with § 190-41.3, Table V-6 below. For land uses not specifically covered by this section, the Planning Director shall determine the required parking using this section as a guide.

The required off-street parking area shall be provided in addition to areas used for:

Parking of vehicles owned or used in a business;

Display or storage of vehicles for sale or rent; or

Vehicles being stored while awaiting repair.

Due to the particular circumstances of a given development, application of the parking standards may result in a development with inadequate parking area or parking area in excess of its needs. Therefore, a waiver to the number of parking spaces required by this section may be approved or required as follows:

To reduce the required parking for a minor site plan, administrative site plan, building permit or use certificate, approval by the Planning Director is required. For major site plans, Planning Commission approval is required.

An applicant proposing to reduce the parking standard for a particular use shall submit a justification which shall include:

Estimated parking needs for the use;

Explanation of the basis of the estimate; and

Data used in calculating the estimate, such as parking generation studies or the applicant's previous experience with similar uses.

The parking requirements section of a site plan shall include the statement: "Should approved parking become inadequate, additional parking may be required by the Planning Director at a later date."

Corridors, malls, entranceways, restrooms, office space occupying up to 10% of a non-office structure, employee lounges, or similar areas in single-use structures shall not be included in the gross floor area used to calculate parking for the principal use.

For structures or sites containing multiple principal uses, parking requirements for each use shall be applied. The Planning Commission may approve a reduced parking requirement based on the expected peak parking demand if the applicant demonstrates that the periods of peak parking demand associated with each activity inherently occur at different times. Examples of uses with different times for peak parking demand include offices (day use) and hotels (evening use) or offices (weekday use) and churches (weekend use).

Employee parking shall be calculated based on the number of employees on the largest shift.

41.3

Minimum parking requirements for specific uses. In Table V-6, "GFA" refers to gross floor area. If a fractional number results from application of these requirements, one parking space is required for a fraction of 1/2 or more, and no parking space is required for a fraction less than 1/2.

[Amended 6-11-2019 by Bill No. 1416]

Table V-6. Off-Street Parking Requirements
Land Use		Number of Parking Spaces
Agricultural processing		1 per 500 square feet of GFA
Agricultural production		No parking required
Agricultural research facilities		1 per 400 square feet of GFA
Alcohol production facility		1 per 1,500 square feet of manufacturing and processing areas plus 1 per 1,000 square feet of office space plus 1 per 250 square feet of tasting room
Animal hospital, veterinary clinic and associated boarding or grooming of animals		1 per 200 square feet of GFA
Antenna tower for radio and television transmissions and other nonessential radio communications, including associated broadcasting studios		For broadcasting studios, 1 per 500 square feet of GFA
Aquaculture (retail)		1 per employee plus 1 per 200 square feet of retail sales area
Aquaculture (wholesale)		1 per 500 square feet GFA
Auction house		1 per 4 persons based on maximum capacity; use estimated capacity if outdoor sales areas are used
Automobile, truck and recreational vehicle service, repair, washing, and fuel sales:
	Service and repair	1 per 375 square feet GFA, including service bays and wash tunnels
	Car washing	1 per 375 square feet GFA, including wash tunnels
	Fuel sales without convenience store	1 per 375 square feet GFA plus 1 per pumping nozzle
	Fuel sales with convenience store	1 per 150 square feet GFA plus 1 per pumping nozzle
Banks and financial institutions		1 per 300 square feet GFA
Bed-and-breakfast		1 per guest bedroom in addition to the required spaces for the dwelling
Boat and marine equipment sales and assembly		1 per 500 square feet of GFA plus 1 per 1,000 square feet of outdoor display area
Building supply and lumber yards with outside storage		1 per 300 square feet of GFA
Cemeteries and mausoleums/columbarium, non-church-related, for humans and animals; family cemeteries		No parking required
Cemeteries, related to house of worship		No parking required
Community and cultural facilities		1 per 400 square feet of GFA
Compounding industries (permanent)		1 per employee
Conservation areas (public or private)		No parking required
Contracting:
	Building trade and construction contracting	1 per 600 square feet of GFA
	Marine contracting	1 per 600 square feet of GFA
Cottage industry		Apply requirement of most similar use in this table in addition to parking required for residential use
Day-care center, large group, small group, or family		1 per employee plus 1 per 8 clients or fraction thereof; minimum of 2
Direct farm marketing, harvesting and education		1 per 4 persons based on maximum estimated capacity of areas open to the public; seasonal uses may utilize unpaved areas for temporary parking
Dwelling, accessory; dwelling accessory to commercial use		1 for dwelling with 900 square feet GFA or smaller; 2 for dwelling larger than 900 square feet
Dwelling, accessory to agricultural use; seasonal employee		2 per dwelling unit
Dwelling, single-family detached, duplex		2 per dwelling unit
Educational institutions, public or private, boarding and non-boarding
	Elementary and intermediate school	1 per 12 students allowed under maximum design capacity of the facility
	High school	1 per 4 students allowed under maximum design capacity of the facility
	College, vocational or other schools for adults	1 per 2 students allowed under maximum design capacity of the facility
Emergency services		1 per 200 square feet of GFA
Event venue, accessory to agriculture; event venue, accessory		1 per 2 guests based on estimated maximum capacity
Exposition center, fairgrounds		Parking needs analysis required for each proposed use
Farm-based recreation		1 per 4 persons based on maximum estimated capacity of areas open to the public; seasonal uses may utilize unpaved areas for temporary parking
Farm alcohol production facility		1 per 1,500 square feet of manufacturing and processing areas plus 1 per 1,000 square feet of office space plus 1 per 250 square feet of tasting room
Farm equipment service and repairs		1 per 500 square feet of GFA
Farm machinery and supplies sales		1 per 300 square feet of GFA
Farm market		1 per 200 square feet of display and sales area
Fish and game hatcheries		1 per 400 square feet of GFA
Fisheries activities facilities		1 per 400 square feet of GFA of processing and wholesale sales area plus 1 per 200 square feet GFA of retail sales area
Flammable liquid storage, wholesale distribution, and resale		1 per employee or 1 per 500 square feet of GFA, whichever is greater
Food delivery or catering service		1 per 300 square feet of GFA
Food and beverage packing and processing		1 per 500 square feet of GFA
Funeral home and crematorium		1 per 4 persons based on maximum capacity
Golf courses and country clubs (public or private)		3 per hole plus spaces required for restaurant, lounge or other commercial facilities
Grain processing, drying and storage (wholesale commercial)		2 per employee
Greenhouse and plant nursery (retail)		1 per 200 square feet of GFA
Greenhouse and plant nursery (wholesale)		1 per 400 square feet of GFA
Group homes, large or small		1 per 3 residents; minimum of 2
Home occupation		Apply requirement of most similar use in this table in addition to parking required for residential use
Hospital		3 per bed or 1 per each 150 square feet of GFA, whichever is greater
Hotel/motel		1 per guest room (In a suite each bedroom shall constitute a guest room.) plus 1 per each 3 employees plus 1 per 500 square feet of accessory commercial space
House of worship		1 per 4 seats based on maximum capacity
Inn		1 per guest room (In a suite each bedroom shall constitute a guest room.) plus 1 per 3 employees plus 1 per 500 square feet of accessory commercial space
Kennel, commercial		1 per 300 square feet of GFA
Laboratories for scientific research and experimentation		1 per 500 square feet of GFA
Livestock auction house		1 per 1.5 patrons based on estimated maximum capacity, plus 1 per employee
Manufacturing operations		1 per employee or 1 per 500 square feet of GFA, whichever is greater
Marinas		1 per 2 boat slips, plus 1 per 400 square feet of GFA
Marine equipment service and repair		1 per 500 square feet of GFA
Medical clinics, outpatient facilities, urgent care centers, medical laboratories		1 per 150 square feet of GFA
Meeting halls and facilities for clubs, lodges and fraternal societies		1 per 300 square feet of GFA
Mineral extraction		1 per employee
Monuments and memorial stones, production and sales		1 per 200 square feet of GFA
Natural resource-oriented public recreation, education, and research		1 per 300 square feet of GFA plus 1 per 3 persons allowed by maximum design capacity for meeting rooms or amphitheaters; plus 1 per 2 boat slips plus space for visitors to outdoor areas based on parking needs analysis
Nursing homes, skilled nursing facility, hospice care and assisted living facilities		1 per 3 beds
Off-road outdoor recreation (public or private)		As determined by special exception approval
Office uses, general, government		1 per 300 square feet of GFA
Parks and playgrounds (public or private)		1 per 10,000 square feet of play field or other active recreation area, plus 1 per acre of passive recreation area
Ports and related industry		1 per 2 boat slips, plus 1 per 400 square feet of GFA
Piers and related facilities: community piers		1 per 2 boat slips
Piers and related uses; private piers, boat ramps, raised walkways		No parking required
Post offices		1 per 300 square feet of GFA
Poultry and hog houses, livestock feeding lots and agricultural lagoons		No parking required
Produce stands		1 per 120 square feet of display and sales area
Pump stations for gas and oil pipelines		1 space if no employees work on-site; otherwise 1 space per employee
Recreation activities, general outdoor commercial:
	Ball courts or fields	1 per 1.5 persons that the courts or fields were designed to accommodate
	Miniature golf	2 per hole
	Driving or batting ranges	1 per 10 linear feet of driving/batting line
	Swimming pools	1 per each 4 persons allowed by maximum design capacity
Recreation facilities, indoor (commercial or noncommercial):
	Ball courts	1 per 1.5 persons that the courts or fields were designed to accommodate
	Billiard/pool halls	2 per table
	Bowling alleys	5 per alley
	Health clubs	1 per 500 square feet GFA
	Skating rinks	1 per 200 square feet GFA
	Swimming pools	1 per 4 persons allowed by maximum design capacity
	Theaters and sports arenas	1 per 3 persons allowed by maximum design capacity
Restaurant, carry-out, no drive-through		1 per 100 square feet of GFA
Restaurant, with drive-through facility		1 per 100 square feet of GFA
Restaurants, bars and nightclubs, no outdoor events		1 per 100 square feet of GFA
Restaurants, bars and nightclubs, with outdoor events		1 per 100 square feet of GFA
Restoration of boats, vehicles and furniture		1 per 500 square feet of GFA plus 1 per 1,000 square feet of outdoor display area
Retail, general or major		1 per 200 square feet of GFA
Retail, accessory to industrial		1 per 200 square feet of GFA
Roadside vendor		Carryout: 4 spaces; seating provided: 1 per 2 seats
Sawmills		1 per employee
Services, general		1 per 300 square feet of GFA
Services, professional:
	Medical, dental, chiropractic, physical therapy or similar services	1 per 150 square feet of GFA
	Other professional services	1 per 300 square feet of GFA
Sewage and water: septage treatment facilities; wastewater treatment plant; water treatment and storage facilities		1 space per employee
Sexually oriented business		1 per 200 square feet of GFA
Shooting range, indoor		2 per shooting alley plus 1 per employee
Shoreline stabilization measures		No parking required
Short-term rental		1 per 2 guests based on maximum licensed capacity
Solar energy system, medium- or large-scale		1 if no employees work on-site; otherwise 1 per employee
Stables, riding, trails and horse boarding (commercial)		1 per 4 stalls plus 1 per 2,000 square feet of riding arena area(s)
Studios for instruction in art, music, dance, drama, crafts or physical education		1 per employee plus 1 per 300 square feet of GFA
Timber harvesting		No parking required
Trucking terminals, warehouses and storage yards		1 per 5,000 square feet of freight storage area (indoor or outdoor)
Utility services and structures		1 if no employees work on-site; otherwise 1 per employee
Vehicle and boat parking and storage (commercial)		1 per 5,000 square feet of storage area
Vehicle sales, including sale of automobiles, trucks and recreational vehicles		1 per 400 square feet of GFA
Warehouse, self-storage		1 per 300 square feet office space plus 1 per 50 storage units
Waste processing and disposal uses: includes junkyard; organic waste recovery facility; recycling collection center; product recycling; recycling processing center; scrap metal processing; solid waste disposal facilities and solid waste transfer stations		1 per employee or 1 per 500 square feet of GFA, whichever is greater
Water-oriented public recreation, education, research areas		1 per 300 square feet of GFA plus 1 per 3 persons allowed by maximum design capacity for meeting rooms or amphitheaters; plus 1 per 2 boat slips plus space for visitors to outdoor areas based on parking needs analysis
Wind turbine production facility		1 if no employees work on-site; otherwise 1 per employee
Wireless communication towers		1 if no employees work on-site; otherwise 1 per employee

41.4

Accessible parking areas. Off-street parking areas shall include accessible parking spaces in accordance with ADA (the Americans with Disabilities Act) Standards for Accessible Design.

41.5

Design standards for off-street parking and circulation.

Off-street circulation. Site plans for commercial, industrial and institutional uses shall incorporate safe and convenient off-street circulation in accordance with the following standards:

Provide sidewalks and walkways for safe and convenient pedestrian travel from business to business or building to building within the site.

Provide vehicular and pedestrian connections that connect, wherever possible, travel lanes and driveways with similar facilities in adjacent developments.

Design driveways and parking areas for nonresidential uses to avoid impact on adjoining residential properties due to dust (for unpaved surfaces) or light from vehicle headlights.

Standards for all off-street parking.

The vehicle accommodation area shall be entirely within lot lines and shall not encroach on any road or other public right-of-way. No parked vehicle shall overhang a road or public right-of-way.

Except for parking facilities serving single-family residences, off-street parking areas shall be designed so that it will not be necessary for vehicles to back into any road or public right-of-way.

Off-street parking spaces shall not be located in required buffer yard, landscaped areas or sewage disposal areas.

Vehicle accommodation areas shall be designed to provide access for sanitation, emergency, and other public service vehicles without backing unreasonable distances or making other hazardous turning movements.

Driveways and parking aisles shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

Minimum required off-street parking for specified uses shall be located on a stable, hardened surface. Any parking in excess of the minimum standards may be proposed on pervious surfaces as approved by the appropriate approving authority.

[Added 7-9-2019 by Bill No. 1414]

Standards for facilities for five or more vehicles. Off-street parking and loading facilities required by this section for five or more vehicles shall be constructed and maintained in accord with the following standards.

The minimum dimensions of paved, off-street parking facilities shall be as prescribed in the off-street parking dimension requirements below, except that:

A parking space within a garage or carport shall not be less than 20 feet in length and 10 feet in width.

Dimensions for unpaved parking facilities shall be increased by 10% of the stall and curb length dimensions required by Table V-7.

Minimum driveway width for commercial, institutional or industrial uses:

[Amended 7-9-2019 by Bill No. 1414]

Posted one-way driveway: 15 feet for access from a state or federal highway; 10 feet for access from other roads.

Two-way driveways: 20 feet.

The driveway shall maintain the required width for a distance of not less than 50 feet back from the road right-of-way.

Each required parking space shall have access from an aisle or driveway connecting with a road without moving another vehicle.

Requirements for nonresidential vehicle accommodation areas:

The surface shall be compacted and surfaced in conformity with County specifications to provide a durable surface;

The area shall be graded and drained to dispose of surface water without damage to property or roads;

The area shall conform to additional standards for drainage in Chapter 164, Stormwater Management, of the Code;

The area shall be appropriately demarcated with painted lines or other markings; and

Intermittent, temporary or low-intensity uses may use grass, gravel, pavers or similar surfaces with approval from the approving authority.

Vehicle accommodation areas shall be properly maintained, including but not limited to maintaining the surface in good condition (free from potholes, etc.), and keeping lines or markings clearly visible and distinct.

Off-street parking dimension requirements are shown in Table V-7.

Table V-7. Parking Dimensions for Paved Surfaces
See Figure V-2 below for illustration of width, length, depth and aisle width.
Angle of Parking (degrees)	W Stall Width (feet)	L Curb Length per Car	D Stall Depth	A Minimum Aisle Width (feet)
0°	9	23 feet	9 feet	12¹
30°	9	18 feet	17 feet 4 inches	11¹
45°	9	12 feet 9 inches	19 feet 10 inches	13¹
60°	9	10 feet 5 inches	21 feet	18¹
90°	9	9 feet	19 feet	24

NOTE:
¹	For one-way aisles only; minimum width for two-way aisles shall be 19 feet.

Figure V-2. Parking Dimensions

41.6

Bicycle parking. Sites developed for commercial, industrial or institutional use shall provide bicycle parking facilities at a location convenient to the main building entrances and with safe and convenient pedestrian access to building entrances.

41.7

Loading areas.

All site plans shall include off-street loading areas of sufficient size to accommodate the numbers and types of vehicles likely to use this area for delivery or shipment operations.

The following indicates the minimum number and size of off-street loading spaces required. The approving authority for the site plan may require more or less loading and unloading area if reasonably necessary to satisfy this requirement.

Structures or parts thereof having a gross floor area of 10,000 square feet or more shall have at least one loading space.

One additional space shall be provided for each additional 20,000 square feet of gross floor area or major fraction thereof.

Each loading space shall be at least 12 feet wide, 45 feet long, and if enclosed or covered, 14 feet high.

Loading areas and accessways shall have adequate space to allow off-street turning and maneuvering as well as safe and convenient movement to and from a road. Accessways at least 10 feet and no more than 20 feet in width shall connect loading spaces to a road. Such accessways may coincide with driveways or aisles to parking facilities.

Loading areas shall not be used to satisfy off-street parking requirements, nor shall off-street parking areas be used to satisfy loading area requirements.

Loading areas shall be located on the same lot as the use served.

Loading areas shall be:

Located to the side or rear of buildings; and

Screened from road rights-of-way and residential properties.

§ 190-42 Signs.

42.1

Permit required.

No sign may be erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this article. Repainting or changing the message of a sign shall not in and of itself be considered a substantial alteration.

Signs may be constructed, erected, moved, enlarged, illuminated or substantially altered only in accordance with a sign permit issued by the Office of Permits and Inspections, unless exempt from the sign permit requirement under this § 190-42.

In the case of a lot occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center), sign permits shall be issued in the name of the lot owner or his agent rather than in the name of the business requesting a particular sign. The County shall be responsible for enforcing only the provisions of this section and not the provisions of any lease, formula for allocating sign area among tenants, or other private restriction.

42.2

Other sign requirements. In addition to the requirements of this section, signs shall comply with the sign requirements in Article IV for a particular land use, and the sign requirements in Articles II or III for a specific zoning district.

42.3

Signs excluded from regulation. The signs listed in Table V-8 are exempt from the sign permit requirement and other requirements of this § 190-42, but must comply with the standards specified in this table:

Table V-8. Exempt Signs
Type of Sign			Requirements (if any)
A.	Signs customarily associated with residential uses, such as:		Maximum area per sign: six square feet
	1.	Signs giving property identification names or numbers, or names of occupants;
	2.	Signs on mailboxes or newspaper tubes; and
	3.	Signs relating to private parking or warning the public against trespassing or danger from animals.
B.	Signs identifying a home-based business such as a home occupation, cottage industry, bed-and-breakfast or similar accessory business use		Maximum area per sign: six square feet; only one sign per lot
C.	Property security system identification sign		Maximum area per sign: 50 square inches; only one sign per lot
D.	Signs erected by, on behalf of, or with the authorization of a government body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs, but not including state game signs or gas pricing signs		No specific requirements
E.	Official signs of a noncommercial nature erected by public utilities		No specific requirements
F.	Flags or insignia of a government or nonprofit organization		Shall not be displayed as an advertising device
G.	Directional signs, located on the same property as a business or institutional use, that direct traffic, vehicular or pedestrian, to locations on the property		Maximum area per sign: 4 square feet. Signs shall bear no advertising matter. Examples of permitted signs include "Deliveries in Rear," "Customer Parking," and "Service Entrance."
H.	Signs painted on or permanently attached to licensed motor vehicles		Shall not be primarily used as freestanding signs
I.	Signs on the site of institutional uses		Maximum area per sign (for signs exempt from permit): 16 square feet. No more than one sign per abutting street. Signs shall not be internally illuminated. Parcels fronting on principal arterial highways may have one freestanding identification signs with an electronic message sign that has a total area of not more than 16 square feet.

42.4

Permit exemptions and regulations for certain temporary signs.

The temporary signs listed in Table V-9 are permitted without a sign permit and are not subject to the requirements of this section for maximum sign area and maximum number of signs. However, such signs shall conform to the requirements set forth below and other applicable requirements of this section.

Other temporary signs not listed in Table V-9 shall be regarded and treated in all respects as permanent signs.

Table V-9. Temporary Signs
Type of Sign		Requirements
1.	Real estate signs	a.	Limited to one sign per street frontage;
		b.	Maximum area per sign: four square feet, plus one or two additional attached signs (readers) adding no more than two square feet of additional sign area;
		c.	Must be removed within 14 days after sale, lease or rental.
2.	Construction site identification signs	a.	Limited to one sign per street frontage;
		b.	Maximum area per sign: six square feet for an individual residence, or 32 square feet for a multiple lot or nonresidential site; and
		c.	Shall not be erected prior to the issuance of a building permit and shall be removed within 10 days after the issuance of the final occupancy permit.
3.	Temporary window signs	a.	Shall be attached to the interior of a building window or glass door.
		b.	Such signs, individually or collectively, may not cover more than 50% of the surface area of the transparent portion of the window or door to which they are attached.
		c.	Shall be erected no more than 10 consecutive days and no more than 60 days in a calendar year.
4.	Displays, including lighting	a.	Limited to displays erected in connection with the observance of County, state, or federally recognized holidays.
4.	Displays, including lighting	b.	Such signs shall be removed within 10 days following the holidays.
5.	Special event signs	Such signs shall provide information on a grand opening, fair, carnival, circus, festival, or similar event that:
		a.	Takes place on the lot where the sign is located;
		b.	Runs not longer than two weeks; and
		c.	Is unlike the customary activities associated with the property where the special event is to be located.
6.	Decorative flags and buntings	a.	Maximum area per flag or bunting: 8 square feet.
		b.	No more than two flags or buntings per lot.
		c.	Attached to a building facade or to a flagpole no more than 15 feet high, not to a roof.
		d.	May be erected for no more than 60 days.
		e.	Shall not advertise a product or business.
		f.	Includes decorative, seasonal or "open" flags or flags announcing a community or nonprofit event.
7.	Signs identifying agricultural test plots	Maximum area per sign: four square feet.
8.	Signs advertising produce stands	a.	Each stand located on property abutting US Route 50 shall be permitted up to two signs:
		i.	One flat wall sign not to exceed 50 square feet in area; and
		ii.	One freestanding sign not to exceed 64 square feet in area.
		iii.	The cumulative sign area shall not exceed 82 square feet.
		b.	For all other stands, each stand may have one flat wall sign not to exceed 50 square feet in area; and one freestanding sign not to exceed 32 square feet in area.
		c.	Signs shall be removed when the produce stand is not operating.
9.	Other temporary signs related to an upcoming event	a.	Maximum area per sign:
		i.	Conservation, residential and village districts: 6 square feet.
		ii.	LC District: 50 square feet.
		iii.	GC and LI Districts: 100 square feet
		b.	Shall not advertise a product or business.
		c.	Such signs shall be posted no more than 60 days before the project, event, or election to which they apply and removed within seven days after the conclusion of the project, event, or election.
10.	Temporary signs not covered in the foregoing categories	a.	Not more than one such sign per lot.
		b.	Maximum area per sign: four square feet.
		c.	Such sign may not be displayed for longer than three consecutive days nor more than 10 days out of any three-hundred-sixty-five-day period.

42.5

Defining number of signs.

A "sign" is a single display surface containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a separate sign.

A two-sided or multisided sign shall be regarded as one sign so long as:

For a V-type sign, the two sides are at no point separated by a distance that exceeds five feet; and

For a double-faced (back-to-back) sign, the distance between the backs of each face of the sign does not exceed two feet.

42.6

Computation of sign area.

The area of a sign includes the entire area that can be enclosed within a single, continuous perimeter enclosing the lettering, numbers, figures, designs, and lighting, together with material or color forming the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

If a sign has a wall, awning, canopy, marquee or other part of a structure as its background, the sign area is the smallest area that can be enclosed within a single, continuous line drawn to include all letters, designs, tubing, illumination or other components of the sign, including intervening spaces.

The sign area shall not include supporting framework, bracing or posts that are clearly incidental to the display itself.

If the sign consists of more than one section or module, all of the area, including area between sections or modules, shall be included in the sign area.

For double-faced (back-to-back) signs:

If the two sign faces are not more than two feet apart, the sign area is the area of one face. The area of the larger face shall be used if the two faces are of unequal area.

If the two sign faces are more than two feet apart, both faces shall be included in the sign area.

For signs with no discernible sides, such as spheres or other shapes not composed of flat planes, the sign area shall be calculated as the entire surface area of the sign.

For other two-sided, multisided, or three-dimensional signs, the sign area includes the total of all sides designed to attract attention or communicate information that can be seen at any one time from one vantage point.

42.7

Area of wall signs.

The total wall sign area on any lot shall not exceed the limitations in this section. All wall signs except signs exempt from regulation listed in Table V-8 and temporary signs listed in Table V-9 shall be included in this calculation.

The maximum area of wall signs on a lot fronting on one street or a lot with no street frontage shall comply with Table V-10:

Table V-10. Permitted Wall Sign Area For Institutional, Commercial and Industrial Land Uses
District	Maximum Wall Sign Area
AC, CP, WRC, TC¹	75 square feet
RC, RR, TR, VR or VH¹	50 square feet
VM¹ or LC	Lots with less than 200 linear feet of street frontage: 75 square feet Lots with at least 200 but less than 600 linear feet of street frontage: 100 square feet Lots with 600 or more linear feet of street frontage: 200 square feet
GC or LI	200 square feet

Notes:
¹	Includes uses permitted by right, special exceptions, or nonconforming uses. Does not include home occupations or other uses accessory to a residence. (See § 190-42.3 above.)

If a lot has frontage on more than one street, the total wall sign area shall not exceed 1.5 times the maximum wall sign area permitted for lots fronting on one street. The total wall sign area oriented toward a particular street may not exceed the maximum wall sign area permitted for a lot fronting on one street.

A maximum of 200 square feet of wall sign area shall be allowed on public buildings and structures abutting state highways and erected on real property owned and/or leased by Talbot County.

The maximum allowed wall sign area may be increased 10% for a primary building with a front setback of at least 100 feet. The sign area may be increased an additional 10% for each additional one-hundred-foot increment of front setback.

42.8

Number of freestanding signs.

In the LC Districts or for commercial, industrial and institutional uses in the AC, CP, WRC, TR, TC, RC, RR, VR, VH and VM Districts, no lot shall have more than one freestanding sign.

In the GC and LI Districts, the number of freestanding signs shall be limited to the following, except as provided in Subsection C below:

One freestanding sign on lots with less than 200 feet of frontage on a public street;

No more than two freestanding signs on lots with at least 200 and less than 600 feet of frontage on a public street; and

Three freestanding signs on a lot with 600 or more feet of frontage on a public street.

One freestanding sign shall be permitted for shopping malls, plazas and structures with multiple businesses, regardless of the extent of public street frontage.

42.9

Area of freestanding signs.

In the LC District, or for commercial, industrial and institutional uses in the AC, CP, WRC, TR, TC, RC, RR, VR, VH and VM Districts, the area of freestanding signs shall be limited to the following:

On lots with less than 200 feet of frontage on the street toward which the sign is primarily oriented, no more than 50 square feet.

On lots with at least 200 feet of frontage on the street toward which the sign is primarily oriented, no more than 75 square feet.

For nonconforming commercial or industrial uses in the AC, CP, WRC, TR, TC, RC and RR Districts, no more than 50 square feet.

In the GC or LI District:

Where one freestanding sign is allowed, sign area shall not exceed 100 square feet.

Where two freestanding signs are allowed, the sign area shall not exceed 100 square feet, and no single sign shall exceed 50 square feet in area.

Where three freestanding signs are allowed, the total sign area shall not exceed 150 square feet, and no single sign shall exceed 50 square feet in area.

In shopping malls, plazas, and structures with multiple businesses, the total sign area shall not exceed 150 square feet, and only one sign shall be allowed.

42.10

Subdivision and multifamily development entrance signs.

At each entrance to a residential subdivision or multifamily development, a single sign identifying the subdivision or development shall be permitted.

The area of the sign shall not exceed four square feet per lot or unit with a maximum size not to exceed 32 square feet.

42.11

Location and height requirements.

No part of a freestanding sign shall exceed a height of 20 feet measured from ground level.

No sign may extend above a parapet or be placed upon or above a roof surface, except that for purposes of this section, roof surfaces constructed at an angle of 75° or more from horizontal shall be regarded as wall space.

This subsection shall not apply to displays, including lighting, erected in connection with the observation of County, state, or federally recognized holidays on the roofs of residential structures.

No sign attached to a building may project more than two feet from the building wall.

No sign or supporting structure may be located in or over any portion of a public right-of-way. Signs may be located in a required setback area.

No sign may be located so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.

42.12

Sign illumination.

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public road right-of-way or premises.

Signs may be backlit, provided that the lighting source is adequately diffused as determined by the Planning Director.

No sign within 150 feet of a residential zone shall be illuminated between 11:00 p.m. and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential as determined by the Planning Director.

Illuminated tubing or strings of lights that outline property lines, sales areas, rooflines, doors, windows, or similar areas are prohibited.

No sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except that electronic changing message signs in accordance with § 190-42.13 below may be used to indicate the time, date or weather conditions.

Subsections D and E above do not apply to temporary signs erected in connection with the observance of County, state, or federally recognized holidays.

42.13

Electronic message signs. Freestanding signs that incorporate or consist of an electronic message center are subject to the following:

No more than one such sign per lot shall be used.

The maximum area of the electronic, changing message board is 16 square feet.

The surface area copy may not change more frequently than once daily.

The sign shall have no revolving, flashing, moving, scrolling, rotating or similar intermittent lights or features that simulate movement.

The sign may not be animated, play video or audio messages, or blink in any manner.

The changing message shall consist only of alphabetic or numeric characters. Logos and images, if used, shall not change.

Such signs are prohibited except where specifically permitted by this § 190-42.

42.14

Prohibited signs. The following signs are prohibited in all districts:

Off-premises signs, except those exempted from regulation or permit requirements under this § 190-42.

Signs that revolve, are animated or utilize movement or apparent movement, such as banners, streamers, animated display boards, pennants, and propellers, except that:

Signs that only move occasionally because of wind are not prohibited if their movement is not a primary design feature of the sign and is not intended to attract attention to the sign.

This restriction shall not apply to flags or insignia permitted by § 190-42.3.F.

This restriction also does not apply to electronic changing message signs that are limited to displaying the time, date, or weather conditions, included in the allowed sign area for the site.

Any sign that by its location, color, size, shape, nature, or message tends to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

42.15

Construction and maintenance of signs.

Signs and components thereof, including supports, braces, and anchors, shall be kept in a state of good repair.

Freestanding signs shall be securely fastened to the ground or to a substantial supportive structure so that there is virtually no danger that the sign or supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property.

If a sign advertises a business, service, commodity, or other enterprise or activity that is no longer operating or being offered, that sign shall be considered abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, the owner of the property where the sign is located, or other party having control over such sign.

If the message portion of a sign is removed, leaving only the supporting shell of a sign or the supporting braces, anchors, or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign.

No person may, for the purpose of increasing or enhancing the visibility of a sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located:

Within the right-of-way of a public road, unless the work is done pursuant to written authorization from Talbot County or the State of Maryland.

On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.

In any area where such trees or shrubs are required to remain under a permit issued under this chapter.

42.16

Nonconforming signs.

On-premises signs that lawfully existed on November 9, 1991, and were nonconforming to the height, size, or spacing limitations by no more than 10%, or were nonconforming to setback requirements, are permitted to remain in their existing location subject to the remaining requirements of this section.

Signs that were lawfully installed after November 9, 1991, and are nonconforming due to revisions to bulk requirements, are permitted to remain at their existing location subject to the remaining requirements of this section.

All other on-premises signs not complying with the requirements of this section were required to be removed within three years of November 9, 1991. All off-premises signs were required to be removed within two years of November 9, 1991. Any such signs still in existence are in violation of this chapter and subject to the enforcement provisions of this chapter.

No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition, nor may illumination be added to any nonconforming sign.

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this chapter.

If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign exceeds more than 50% of its present value.

The message of a nonconforming sign may be changed so long as this does not create any new nonconformity (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).

Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve-month period 50% of the value (tax value if listed for tax purposes) of such sign.

If a nonconforming sign advertises a business, service, commodity, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other person having control over such sign.

§ 190-43 Other development standards.

43.1

In addition to the requirements established in this chapter, development activity shall comply with applicable local, state and federal plans and regulations, including but not limited to the following:

Roads and Bridges (Chapter 134), Floodplain Management (Chapter 70), Stormwater Management (Chapter 164), Building Construction (Chapter 28), Noise Ordinance (Chapter 92) and other applicable laws of the County.

Sediment and erosion control. The applicant shall construct sediment and erosion control structures and facilities as required by the Talbot County Soil Conservation District.

Water and sewerage systems. The applicant shall construct water supply and sewage collection or disposal facilities as required by the state health regulations and/or the County Engineer.

The County Comprehensive Plan, Comprehensive Water and Sewerage Plan, and Capital Program as adopted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

State and federal regulations relating to the development of land.

§ 190-44 through § 190-46. (Reserved)