35.1
Minimum frontage.
A.
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.
B.
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.
A.
Access required.
1.
All lots shall have direct access to a public or private road.
2.
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.
B.
Design and location.
1.
The design and location of new access points shall be reviewed and
approved by the County Engineer.
2.
Access points to state roads shall also be approved by the State
Highway Administration.
3.
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.
4.
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.
5.
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:
a.
The size, shape, topography, soil types or other physical conditions
prevent internal access to all of the lots required to have such access;
or
b.
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
c.
No reasonable alternative is available other than access to
an existing state or County road.
35.3
Right-of-way dedication.
A.
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.
B.
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.
C.
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.
A.
Subdivision layout shall minimize the number of access points to
collector and arterial highways.
B.
Neighborhood residential roads shall be laid out to discourage their
use by traffic not having its destination within the neighborhood.
C.
Road crossings over environmentally sensitive areas are prohibited
unless no feasible alternative exists.
D.
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.
E.
Layout of roads in residential areas shall discourage high traffic
speeds.
F.
Layout of roads shall minimize potential conflicts between pedestrians
and vehicles.
G.
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.
H.
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.
A.
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.
B.
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.
C.
Sidewalks shall be required for major retail development in accordance with the requirements for major retail uses in Article IV.
D.
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.
36.1
Area included.
A.
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.
B.
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.
A.
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.
B.
Subdivision design shall be based on comprehensive analysis of the
site and consideration of the character of the surrounding land.
C.
Lots shall be located to minimize the need for grading and altering
topography and to avoid areas of environmental sensitivity.
D.
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.
1.
Nontidal wetlands.
2.
Perennial and intermittent streams.
3.
One-hundred-year floodplains.
4.
Habitats of threatened and endangered species.
5.
Forests, woodlands and significant trees.
6.
Slopes in excess of 15% grade.
7.
Historically significant structures and sites as determined by available
inventories.
E.
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:
1.
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.
2.
Residential lots and associated subdivision roads should not dissect
or break up contiguous agricultural fields.
3.
Where practical, residential lots should be clustered on the edges
of fields and along woodland fringes.
4.
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.
F.
The subdivision shall be designed to mitigate adverse effects of
noise, dust, odor, traffic, and drainage onto neighboring properties.
36.3
Lot design.
A.
General.
1.
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.
2.
Where future subdivision is possible, the Planning Director or Planning
Commission may require that lots be arranged to allow further subdivision.
3.
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.
4.
Dimensions of corner lots shall be large enough to allow for erection
of buildings while observing the minimum front yard setback from both
streets.
5.
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.
B.
Pipestem lots. Pipestem or flag lots may be permitted in residential
districts, subject to the following requirements:
1.
The minimum lot area shall not include the area of the pipestem.
2.
The pipestem area of the lot shall be at least 25 feet wide.
3.
No more than two pipestem lots shall have adjacent frontage on a
road.
4.
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.
6.
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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
The County Engineer may also require drainage easements on private
property that connect to and impact drainageways along County roads.
D.
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.
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.
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.
B.
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.
1.
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.
2.
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.
3.
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:
a.
The area of steep slopes is less than 10 feet in width;
b.
The steep slopes are isolated and less than 10,000 square feet
in area, irrespective of property lines;
c.
The area of steep slopes has a width of less than 25 feet where
it crosses the stream buffer boundary; or
d.
Similar characteristics exist resulting in a narrow and/or isolated
area of steep slopes.
4.
The following criteria shall be used to determine the extent of the
expanded buffer for highly erodible soils or hydric soils:
a.
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;
b.
For other nontidal wetlands, expand the Buffer to include the
upland boundary of the nontidal wetland;
c.
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.
5.
The approving authority may reduce the extent of the expanded buffer
for erodible soils or hydric soils when it is demonstrated that:
a.
Development and lot layout will minimize adverse impacts on
water quality and natural habitats; and
b.
Impacted area for the development is minimized; and
c.
Disturbed area is mitigated 2:1 as shown on a planting plan
approved by the Department of Planning and Zoning; and
d.
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.
C.
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.
D.
Lots shall be designed to provide buildable area and usable yard
area outside of required buffers.
E.
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.
A habitat protection plan shall be required for major site plans
and all subdivision plans if the plan:
B.
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.
C.
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:
A.
Measurement, levels and standards. Noise shall be measured and comply with the decibel levels and standards defined in Chapter 92, Noise Ordinance.
C.
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.
A.
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.
B.
Flickering and intrinsically bright sources of illumination shall
be controlled by shielding or aiming the light source away from roads
and neighboring properties.
C.
Outdoor
lighting for nonresidential uses shall be shielded and directed away
from adjacent properties, public rights-of-way and the night sky.
D.
Outdoor
lighting fixtures for parking areas shall not exceed 20 feet in height.
E.
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.
F.
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.
40.1
Purpose. The minimum landscaping requirements in this section are
intended to:
A.
Ensure the planting, maintenance, restoration, and survival of trees,
shrubs, and other plants;
B.
Promote the conservation of existing healthy trees and vegetation,
and provide for the restoration of land denuded as a result of grading
and construction;
C.
Establish a clear and attractive boundary between the public road
and private property;
D.
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;
E.
Filter and screen the glare of headlights and exterior lighting;
F.
Safeguard and enhance property values and aesthetic qualities; and
G.
Coordinate landscaping standards with stormwater management.
40.2
Applicability and general requirements.
A.
Applicability.
2.
For site plans that expand an existing use, the following standards
apply:
a.
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.
b.
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.
c.
For cumulative expansion of more than 100%, the landscaping
standards apply to the entire lot.
B.
Relationship to other standards.
1.
These landscaping requirements are in addition to:[1]
a.
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.
[1]
Editor’s Note: With the permission of the County, the
word "requirements" was added to this subsection.
2.
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.
40.3
40.4
Parking area interior landscaping.
A.
Applicability.
1.
The parking area interior landscaping requirements apply to development
having 12 or more parking spaces.
2.
For purposes of this requirement, the parking area:
a.
Includes all areas within the outer boundary of the parking
lot including parking spaces, drive aisles, walkways, and loading
areas;
b.
Includes paved areas used for display of vehicles for sale or
for rent;
c.
Includes parking spaces for visitors, employees or fleet vehicles;
but
d.
Does not include the perimeter landscape yard or vehicle repair
areas.
B.
Minimum landscaped area and planting.
1.
For each 100 square feet or fraction thereof of parking area, 10
square feet of landscaped area shall be provided.
2.
One canopy tree is required for every 10 parking spaces or fraction
thereof.
3.
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.
4.
Residual areas not used for parking, access, or circulation must
be landscaped.
C.
Landscape islands and medians.
1.
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.)
2.
Any parking aisle with more than 10 spaces in a single row shall
end in a landscape island.
3.
Islands for planting trees shall have a minimum dimension of nine
feet and a minimum area of 162 square feet, including the curb.
4.
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.
5.
Landscape islands or medians that do not have canopy trees shall
include shrubs planted no further apart than 10 feet on center.
6.
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.
7.
The placement of plant material shall allow for a 2-foot vehicle
overhang from the face of the curb or wheel stop.
8.
Any landscaped area may be designed to function for stormwater management.
40.5
Perimeter landscape yards.
B.
General.
1.
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.
2.
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.
3.
To determine the type of perimeter landscape yard required on a lot:
4.
Storage, display and outdoor operations of any type are prohibited
within perimeter landscape yards.
C.
Perimeter landscape yards between zoning districts or land uses.
1.
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
| ||
Residential or Undeveloped
|
Non-Residential Principal Use
| |||||||
AC, CP, WRC, TC, RC, RR, TR, VR1, 2
|
B
|
C
|
C
|
C
|
A
|
—
|
—
|
—
|
VM1, 2
|
B
|
C
|
C
|
C
|
—
|
—
|
—
|
—
|
VH1, 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.
|
2.
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.
3.
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.
D.
Perimeter landscape yards adjacent to streets.
1.
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.
|
2.
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.
3.
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.
4.
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:
a.
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.
b.
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.
5.
Zoning district modifications.
a.
In the Gateway Overlay District, the landscape yard requirements
along the street are modified as provided in the requirements for
the overlay district.
b.
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.
6.
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:
E.
Types of perimeter landscape yards.
1.
Minimum perimeter landscape yard requirements. Table V-4 establishes
intent and requirements for the types of perimeter landscape yards
required by this section.
2.
Permitted substitutions.
a.
Canopy trees may be substituted for understory trees.
b.
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.
c.
Evergreen trees may be substituted for understory trees.
d.
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.
A.
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.
B.
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.
40.8
Landscape plan.
A.
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.
B.
The landscape plan shall be approved concurrent with the approval
of the site plan or special exception.
C.
A landscape plan shall contain, as a minimum, the following:
1.
Location of required planting material;
2.
Identification of trees and plants, including their scientific names;
3.
Minimum and maximum dimensions of all landscape yard areas;
4.
Calculations determining the number of canopy trees, understory trees,
and shrubs required;
5.
Locations, species, and sizes of existing vegetation to be retained
and counted towards minimum landscaping requirements; and
6.
Existing topography or proposed topography where site grading is
proposed to occur.
40.9
Modifications to landscaping requirements.
A.
An alternate landscape plan may be approved by the approving authority in accordance with the procedures in § 190-62 for waivers.
B.
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.
C.
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.
D.
The alternative landscape plan shall include justification for the
modifications requested, based upon one or more of the following:
1.
Natural physical conditions (such as streams, wetland areas, and
topography);
2.
Lot configuration;
3.
The presence or planned location of public utilities, infrastructure,
or easements;
4.
The location of existing healthy vegetation or other beneficial site
features to be retained after development;
5.
The size, shape, or topographic elevation of the site relative to
adjoining streets and properties;
6.
Extent of setbacks or natural barriers between proposed uses and
the property line;
7.
Permanent restrictions on use of adjoining property;
8.
Existing shaded areas or other site features that reduce the chances
of survival for landscape materials in required locations; and
9.
The need to protect solar access or avoid permanently shaded areas
on the site.
40.10
Credit for existing vegetation.
A.
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:
1.
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.
2.
The canopy and understory trees to be credited are protected before
and during development by tree protection fencing.
3.
The existing canopy and understory trees to be credited contribute
to the screening functions of the landscaping.
4.
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.
5.
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.
B.
Amount of credit.
1.
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
|
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.
3.
Each tree credit is equal to one canopy tree or 1.5 understory trees.
C.
Protection of existing trees during construction.
1.
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.
2.
The landscape plan must describe methods to be used to ensure the
survival of all trees scheduled for credit.
3.
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.
4.
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.
5.
Tree protection fencing must be in place prior to any clearing or
site work and remain in place until all construction has been completed.
6.
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.
A.
Plant material.
1.
Size at planting.
a.
Canopy trees shall have a minimum caliper size of two inches
at planting.
b.
Understory trees shall have a minimum caliper size of two inches
at planting.
c.
Evergreen trees shall be a minimum of six feet in height at
planting.
d.
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.
2.
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.
3.
Species diversity. To curtail the spread of disease or insect infestation
in a plant species, new plantings shall comply with the following
standards:
a.
When fewer than 20 trees are required on a site, at least two
different species shall be utilized, in roughly equal proportions.
b.
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.
c.
When 40 or more trees are required on a site, at least four
different species shall be utilized, in roughly equal proportions.
B.
Stabilization.
C.
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.
D.
Berms.
1.
Berms may be used independently, or in conjunction with a wall or
fencing, to meet the screening intent of the landscape yard.
2.
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.
3.
A berm may not damage the roots of existing healthy vegetation designated
to be preserved.
4.
A berm may not be designed or placed as to interfere with sight distance
at driveway entrances or road intersections.
E.
Fences.
1.
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.”
2.
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.
F.
Streets and easements.
1.
Trees shall not be located within four feet of the right-of-way line
of a street.
2.
Required trees and shrubs planted within a utility, drainage, or
other easement must be approved by the easement holder.
3.
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.
G.
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.
H.
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.
A.
Installation.
1.
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.
2.
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.
B.
Landscape yard maintenance.
1.
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.
2.
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.
3.
Authorized removal. Once installed and inspected, required landscape
material shall not be removed or relocated without approval of a revised
landscape plan.
4.
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.
5.
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.
6.
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.
41.2
Determination of required off-street parking.
A.
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.
C.
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:
1.
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.
2.
An applicant proposing to reduce the parking standard for a particular
use shall submit a justification which shall include:
D.
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."
E.
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.
F.
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).
G.
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.
A.
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:
1.
Provide sidewalks and walkways for safe and convenient pedestrian
travel from business to business or building to building within the
site.
2.
Provide vehicular and pedestrian connections that connect, wherever
possible, travel lanes and driveways with similar facilities in adjacent
developments.
3.
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.
B.
Standards for all off-street parking.
1.
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.
2.
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.
3.
Off-street parking spaces shall not be located in required buffer
yard, landscaped areas or sewage disposal areas.
4.
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.
5.
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.
6.
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]
C.
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.
1.
The minimum dimensions of paved, off-street parking facilities shall
be as prescribed in the off-street parking dimension requirements
below, except that:
2.
Minimum driveway width for commercial, institutional or industrial
uses:
[Amended 7-9-2019 by Bill No. 1414]
3.
Each required parking space shall have access from an aisle or driveway
connecting with a road without moving another vehicle.
4.
Requirements for nonresidential vehicle accommodation areas:
a.
The surface shall be compacted and surfaced in conformity with
County specifications to provide a durable surface;
b.
The area shall be graded and drained to dispose of surface water
without damage to property or roads;
c.
The area shall conform to additional standards for drainage in Chapter 164, Stormwater Management, of the Code;
d.
The area shall be appropriately demarcated with painted lines
or other markings; and
e.
Intermittent, temporary or low-intensity uses may use grass,
gravel, pavers or similar surfaces with approval from the approving
authority.
5.
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.
D.
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.
|
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.
A.
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.
B.
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.
1.
Structures or parts thereof having a gross floor area of 10,000 square
feet or more shall have at least one loading space.
2.
One additional space shall be provided for each additional 20,000
square feet of gross floor area or major fraction thereof.
3.
Each loading space shall be at least 12 feet wide, 45 feet long,
and if enclosed or covered, 14 feet high.
C.
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.
D.
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.
E.
Loading areas shall be located on the same lot as the use served.
42.1
Permit required.
A.
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.
B.
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.
C.
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.
42.3
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.
A.
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.
B.
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.
| |||
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.
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.
B.
A two-sided or multisided sign shall be regarded as one sign so long
as:
42.6
Computation of sign area.
A.
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.
B.
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.
C.
The sign area shall not include supporting framework, bracing or
posts that are clearly incidental to the display itself.
D.
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.
E.
For double-faced (back-to-back) signs:
F.
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.
G.
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.
A.
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.
B.
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.)
|
C.
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.
D.
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.
E.
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.
A.
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.
B.
In the GC and LI Districts, the number of freestanding signs shall
be limited to the following, except as provided in Subsection C below:
1.
One freestanding sign on lots with less than 200 feet of frontage
on a public street;
2.
No more than two freestanding signs on lots with at least 200 and
less than 600 feet of frontage on a public street; and
3.
Three freestanding signs on a lot with 600 or more feet of frontage
on a public street.
C.
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.
A.
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:
B.
For nonconforming commercial or industrial uses in the AC, CP, WRC,
TR, TC, RC and RR Districts, no more than 50 square feet.
C.
In the GC or LI District:
1.
Where one freestanding sign is allowed, sign area shall not exceed
100 square feet.
2.
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.
3.
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.
4.
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.
42.11
Location and height requirements.
A.
No part of a freestanding sign shall exceed a height of 20 feet measured
from ground level.
B.
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.
C.
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.
D.
No sign attached to a building may project more than two feet from
the building wall.
E.
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.
F.
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.
A.
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.
B.
Signs may be backlit, provided that the lighting source is adequately
diffused as determined by the Planning Director.
C.
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.
D.
Illuminated tubing or strings of lights that outline property lines,
sales areas, rooflines, doors, windows, or similar areas are prohibited.
E.
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.
F.
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:
A.
No more than one such sign per lot shall be used.
B.
The maximum area of the electronic, changing message board is 16
square feet.
C.
The surface area copy may not change more frequently than once daily.
D.
The sign shall have no revolving, flashing, moving, scrolling, rotating
or similar intermittent lights or features that simulate movement.
E.
The sign may not be animated, play video or audio messages, or blink
in any manner.
F.
The changing message shall consist only of alphabetic or numeric
characters. Logos and images, if used, shall not change.
42.14
Prohibited signs. The following signs are prohibited in all
districts:
A.
Off-premises signs, except those exempted from regulation or permit requirements under this § 190-42.
B.
Signs that revolve, are animated or utilize movement or apparent
movement, such as banners, streamers, animated display boards, pennants,
and propellers, except that:
1.
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.
2.
This restriction shall not apply to flags or insignia permitted by § 190-42.3.F.
3.
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.
C.
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.
A.
Signs and components thereof, including supports, braces, and anchors,
shall be kept in a state of good repair.
B.
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.
C.
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.
D.
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.
E.
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:
1.
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.
2.
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.
3.
In any area where such trees or shrubs are required to remain under
a permit issued under this chapter.
42.16
Nonconforming signs.
A.
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.
B.
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.
C.
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.
D.
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.
E.
A nonconforming sign may not be moved or replaced except to bring
the sign into complete conformity with this chapter.
F.
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.
G.
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).
H.
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.
I.
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.
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:
B.
Sediment and erosion control. The applicant shall construct sediment
and erosion control structures and facilities as required by the Talbot
County Soil Conservation District.
C.
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.
D.
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)]
E.
State and federal regulations relating to the development of land.