[Amended 8-6-2012 by Ord. No. 943]
The purpose of this article is to promote major
economic development opportunities, including but not limited to corporate
offices, research and development facilities and high-tech services,
which have a positive effect on the City's economic tax base and employment
opportunities through encouraging a campus-like development that has
a compatible mixture of employment, office, commercial, recreational,
civic and/or cultural uses which are integrated and developed under
an overall master plan with limited retail. Retail uses within the
MOE District are primarily intended to serve those individuals employed
within the MOE District. Development within the MOE District shall
incorporate a pedestrian precinct, as defined herein, to promote a
pedestrian friendly environment allowing non-vehicular movement within
the development linking all uses and promoting the principles of smart
growth. This article is designed to require that office and institutional/recreational
uses are built prior to or simultaneously with retail uses.
[Amended 8-6-2012 by Ord. No. 943]
The following special exception uses may be permitted after the Board of Appeals (BOA) considers the recommendation of the Planning Commission and makes its own review that all of the setback requirements and development standards of the MOE District have been met and after considering the criteria of §
25-16 of the City Code. The total combined uses that are permitted by the BOA below cannot comprise more than the total permitted percentages of the uses as enumerated in §
205-29 et seq.
A. Retail uses.
(1) Banquet facility, unless incorporated into a conference
center.
B. Other institutional/recreation uses.
(2) Commercial recreation: indoor, which shall provide,
unless incorporated into a gym or health spa:
(a)
Parking lot lighting shall be provided 1/2 hour
before and one hour after operations during hours of darkness.
(b)
Noise, including music, shall not be audible
outside of the building or in adjoining tenant spaces.
(3) Commercial recreation: outdoor (batting cages, driving
range, miniature golf), providing:
(a)
Parking lot lighting shall be provided 1/2 hour
before and one hour after operations during hours of darkness.
(b)
Noise, including music, shall not be audible
outside of the building or in adjoining tenant spaces.
(4) Telecommunications tower, providing:
(a)
The tower shall be set back at least one foot
for every foot in height from any building or structure, and the tower
shall be designed to collapse within the lot lines of the property
upon which it is constructed.
(b)
Satellite and microwave dishes attached to a
tower shall not exceed 10 feet in diameter. The tower shall be designed
to accommodate at least four telecommunication providers.
(c)
No commercial advertising is displayed on the
tower or the equipment building.
(d)
Each unmanned equipment building shall not exceed
12 feet in height or contain more than 400 square feet of gross floor
area per user of the tower.
(e)
The tower applicant shall provide the Department
of Planning, at time of application, a finding from the Federal Aviation
Administration (FAA) that the proposed facility is not a hazard or
obstruction to aviation.
(5) Public service, religious and educational facilities.
(7) Educational: primary/secondary.
(8) Printing and publishing facility.
(9) Public safety services, EMS, fire, police.
(10)
Radio or TV broadcast studio.
C. Light manufacturing, provided that:
(1) All
uses shall be conducted within a completely enclosed building.
(2) All
uses shall be conducted so as not to create any danger to the health,
safety and welfare or any material adverse impact on the property
or surrounding areas by creating any excessive noise, vibration, smoke,
dust, lint, odor, heat or glare beyond the boundaries of the property.
(3) The
assembly, manufacturing and warehouse areas of the uses shall not
exceed 80% of the maximum gross square footage of any building, so
long as light manufacturing uses do not exceed 20% of the total square
feet of office space in the MOE Zone.
(4) Adequate
stacking space shall be provided on site for trucks waiting to be
loaded or unloaded.
Accessory uses shall not be located in a front
yard. Accessory uses customarily incidental to any principal permitted
use, conditional use or special exception shall be permitted without
hearing and include the following:
A. Cafeteria/lunchroom/snack bar for the use of building
occupants where such facility is located.
[Amended 8-6-2012 by Ord. No. 943]
B. Coin-operated vending machines and automated teller
machines inside the building for the use of building occupants.
D. Recreational facilities for employees.
E. Conference and meeting facilities.
G. Fences and walls, provided such structures are similar
in architectural treatment and materials to the principal building
structure.
H. Parking area beneath structure of building.
I. Any similar accessory use as approved by the Department.
[Amended 8-6-2012 by Ord. No. 943]
Except for the use(s) in this article where
the lot and setback requirements are specifically stated in the text
of said use(s), the following lot and setback requirements shall apply:
A. Minimum area of an individual mixed office/employment
(MOE) District: 65 acres.
B. Maximum building height: 70 feet from finished grade,
except for hospitals, for which the maximum is 115 feet from maximum
height of finished grade, not including HVAC, elevator and other similar
equipment which may be positioned atop the building.
C. Minimum building front setback: five feet.
D. Minimum building side setback: zero feet.
E. Minimum building rear setback: five feet.
F. Construction ratio: For each square foot of office
construction no more than an equal amount of retail and/or institutional/recreational
construction may occur within the same phase of development until
the maximum percentage of each category is reached.
G. Setback from residential zoned lots or parcels: No building shall
be constructed within 100 feet of the boundary line of a residential
zoned lot or parcel.
[Amended 8-6-2012 by Ord. No. 943]
All projects in this district shall submit a
concept plan that addresses the standards and requirements of this
article. Once the concept plan is approved by the Department of Planning
and the Planning Commission has had 30 days to review and make recommendations,
the applicant may then continue with the normal approval process as
outlined in the City Code; provided, however, that the overall plan
remains in material aspects in conformance with the approved concept
plan. Plans that are submitted subsequently and that are not overall
in material conformance with the approved concept plan shall, in the
discretion of the Department of Planning, be referred for further
review as a revised concept plan. Minor modifications to locations
or sizes of building footprints or varying permitted uses, which on
the concept plan are understood to have been for illustrative purposes,
shall not be considered material changes requiring a revised concept
plan. The Department has the authority to require the relocation of
buildings or amenities from their approximate locations shown on the
concept plan, which modifications would more materially foster the
principles of smart growth or enhance pedestrian movements while providing
for the orderly development of the site. All uses shall be designed
to be a harmonious and integral part of the district in terms of orientation,
visibility, traffic access and pedestrian circulation. In addition,
the following standards must be addressed with the submission of a
concept plan:
A. Vehicular and pedestrian access. For purposes of this
article, the term "pedestrian precinct" means a feature of the development
that incorporates sidewalks, paved trails, and other passive and active
open space amenities as required by this section, for the purpose
of promoting and enhancing safe pedestrian circulation and bicycle
use within the development, providing a pedestrian linkage of all
uses within the development, and providing pedestrian and bicycle
connections to adjoining neighborhoods. The development shall incorporate
one or more pedestrian precincts. If the development features more
than one pedestrian precinct, all such pedestrian precincts shall
be connected by the sidewalks within the development. All uses within
the development shall be connected to a pedestrian precinct. The sidewalks,
paved trails, and open space amenities comprising the pedestrian precinct,
all vehicular access points to the development, and all internal roadways
within the development shall be located and designed to minimize traffic
hazards and congestion and conflict between pedestrians and vehicles,
and shall be designed in accordance with accepted principles of traffic
engineering. A pedestrian precinct shall include an area or areas
for pedestrian interaction, such as a green, plaza or courtyard that
provides pedestrian amenities, such as, but not limited to seating
areas, street furniture, lighting, landscaping, fountains, water features,
art or other appropriate elements. Any such areas shall be of a size
and location that is easily accessible by all users of the development.
B. Architectural treatment: Design guidelines that are
to be incorporated into the submission of the site plan should include
the following:
(1) The exterior wall surfaces (front, rear and sides)
of each individual building shall be similar in architectural treatment
and materials. All buildings within the individual Mixed Office/Employment
(MOE) Districts also shall be compatible in treatment and materials
to one another.
(2) Modulation shall be incorporated in building designs
in this zoning district to reduce overall bulk and mass of buildings,
with planes of exterior walls not running in one continuous direction
more than 1/3 of the length or width of a building without an offset
or setback or color change where the length or width exceeds 200 feet.
(3) Mechanical equipment should be located within the
building or within an enclosed mechanical equipment penthouse. If
mechanical equipment is located on the roof or is freestanding on
the site, it must be effectively screened from view by means fully
compatible with the architecture. Mechanical equipment must be screened
from view from all sides.
C. Open space. At least 25% of the development shall
be used for passive and active open space. The areas devoted to parking
lot landscaping, plazas, village greens, greenways, the pedestrian
precinct, other recreational amenities, if any, and other areas suitable
for active and passive open space shall be counted toward the open
space requirement. Areas devoted to stormwater management facilities
may be included in the calculation of open space if they are suitable
for active or passive recreation and/or forest conservation easements.
D. Loading and receiving areas: Buildings having loading
or receiving areas shall be designed so that the loading or receiving
operations are not visible from any public City road.
E. Civic uses: The developer shall also provide at no
cost to the City the following:
(1) A minimum of 300 square feet of enclosed office space
within one of the buildings in the retail hub of the development for
use by the City for promotion of tourism, special events and economic
development.
(2) At least two mutually acceptable locations in the
developed area for informational kiosks in a size and design mutually
acceptable to promote the City. The City shall be responsible to maintain
these amenities.
(3) A paved trail at least six feet wide shall be incorporated
into the development plan to enhance pedestrian circulation, bicycle
use and public recreational opportunities. The trail shall support
an environmentally friendly community by providing pedestrian and
bicycle connections to nearby neighborhoods and trail systems. The
developer shall construct the trail, as approved by the City, concurrently
with the development of the project and before the first use and occupancy
permit is issued. The trail shall be maintained by the developer or
its successors, and if the development tract is subdivided, maintenance
of the trail shall be provided for in the maintenance agreement required
herein. The trail required by this subsection may be an element of
one or more pedestrian precincts as required by this Code.
F. Public utility lines and structures: All public utility
lines and structure shall meet the following requirements:
(1) All utility lines and/or piping to and from said structures
shall be underground. Utility poles are not permitted in the MOE Zoning
District.
(2) All utility structures such as junction and access
boxes, capacitor banks, propane canisters, transformers, and switching
devices, shall be landscaped and naturally screened on all sides of
the structure. If the nature and purpose of the distribution structure
requires a fence, vegetative screening shall be placed along the outside
of the fence.
(3) Adequate space shall be provided to allow access to
the structures.
(4) All structures located in open space shall be painted
the industry standard ANSI green and/or be architecturally similar
to the other structures in the district.
(5) If the structure is the principal use of the lot,
i.e., an electric distribution substation, all setback requirements
of this zoning district shall apply. Substations shall not be located
on major thoroughfares.
G. Record plat approval: The following additional items
must be delivered to, reviewed by, and approved by the Department
of Planning prior to recordation:
(1) Off-street parking: Plans submitted must show that
parking and roadways shall be within the established building setbacks
of this zoning district, with the exception of the access drives onto
the property. The number of required parking spaces shall be based
on the City's current Off-Street Parking Ordinance. As it is a purpose of this zoning district to establish
a campus-like setting with the provision of adequate open space, joint-use
parking structures are encouraged to be established. Such structures,
should they meet all of the requirements for a permit, may reduce
the number of parking spaces provided by 10% of the total number of
spaces required when computed separately for each use.
(2) Outdoor speakers: Outdoor speakers are permitted provided
that the sound emitting from the speakers is not audible past the
boundary line of the MOE Zone.
(3) Outside storage: There shall be no outside storage
of any equipment, vehicles, materials or supplies. Dumpsters are permitted,
provided that they are located within an enclosure that is architecturally
compatible with the buildings on the site that the dumpsters serve;
the enclosures are finished with a material that is of the same appearance
as the building finish; and no part of the dumpster itself is visible
from the adjacent streets, pedestrian walkways or residential units.
H. Parking standards: It is the intent of this district
to encourage the efficient layout and design of the parking areas
to encourage pedestrian movement, unified and shared parking areas
and the minimization of impervious surfaces. A parking and pedestrian
circulation plan shall be submitted as part of the site plan approval
process.
(1) The required parking for the site, as determined in Chapter
122 of the City Code, may be reduced by 15% if included in a shared parking area. In addition, the Department may permit the parking to be of a pervious material. Such materials shall be permitted only after review by the Department of Public Works and verification that the materials are pervious and promote best management practices.
(2) Commercial parking facility, providing:
(a)
The facility meets all setback requirements;
(b)
The facility may be only a parking structure,
and each of the exterior wall surfaces (front, rear and sides) of
a parking structure shall be similar in architectural treatment and
materials and shall be compatible in treatment and materials to adjacent
buildings within the zoning district.
(3) Joint-use parking facility, providing:
(a)
The joint-use parking facility shall be within
600 feet of an entrance of the building(s) to be served.
(b)
Handicap-accessible pedestrian walkways are
provided between the parking structure and the participating buildings.
(c)
A copy of the agreement between the owners of
all the properties involved in a joint-use parking structure arrangement,
which sets forth the terms and conditions and length of the agreement
and which provides 120 days' advance notice to the City of the termination
of the arrangement, shall be provided for review and comment by the
City Attorney and Director of Planning prior to the issuance of a
permit.
(d)
The applicant(s) and user(s) of such joint-use
parking structure shall execute a statement, acknowledging their responsibility
to provide at all times the number of parking spaces required by the
City and agreeing that the permit is conditioned upon replacing any
lost spaces required by the Off-Street Parking Ordinance within 120 days, prior to the issuance of the permit.
(e)
Reserved areas shall be designated on approved
site plans to accommodate additional parking resulting from change
of use or operating hours or any other factors requiring additional
parking.
(f)
Assigned, executive or otherwise reserved parking
spaces may be provided and designated only in excess of the herein-required
minimum number of parking spaces.
(4) Vehicular and pedestrian circulation:
(a)
The internal vehicular circulation system must
follow a pattern of intersecting streets that provide for internal
alternative routes to internal and external destinations.
(b)
Points of external access and alignments of
internal roadways must facilitate use of public transit. This may
include rights-of-way sufficient for bus pullouts and bus shelters
as well as transit easements on private streets.
I. Subdivision:
(1) For purposes of this article, the following terms have the meanings
indicated:
APPROVED LOT OR LOTS
A lot or lots that result(s) from the subdivision of a development
tract in accordance with this article and the subdivision regulations
of the Havre de Grace City Code.
DEVELOPMENT PROJECT
The proposed or approved use of a tract of land that is designed
in a manner intended to comply with the MOE regulations.
DEVELOPMENT TRACT
All the land shown on a site plan prepared and submitted
for approval in accordance with the requirements of the Havre de Grace
City Code on which a development project is proposed.
(2) A site plan may propose the subdivision of a development tract. The
Department of Planning shall review the site plan using the following
standards:
(a)
A site plan that shows a proposed subdivision of the development
tract shall be reviewed first to ensure that the development project
complies with all requirements of the Havre de Grace City Zoning Code
without deciding the proposed subdivision of the development tract.
(b)
The approved site plan showing the proposed subdivision of the
development tract into one or more approved lots shall operate as
a recommendation for approval of the subdivision if the development
project as shown within the development tract complies with all requirements
of the Havre de Grace City Zoning Code. A subdivision may later be
approved for all or any part of a development tract. The subsequent
approval of any subdivision of the development tract shall not alter,
modify or release the overall development project from the design
standards and requirements of the Havre de Grace City Zoning Code,
including those of this article.
(c)
The individual approved lot or lots created by a subdivision
of a development tract shall not individually be required to conform
to the requirements of the MOE Zoning District, provided that the
overall development project as shown within the development tract
otherwise complies with all requirements of the Havre de Grace City
Zoning Code. Other restrictions shown on the development plan shall
continue to apply as if the subdivision had not occurred.
(d)
Amendments to the approved site plan shall be reviewed for zoning
approval first without deciding the proposed subdivision of the development
tract into approved lot or lots. The development tract may be expanded
or reduced by amendment of the site plan, provided that the resulting
development tract complies with all requirements of the Havre de Grace
City Zoning Code, and without deciding proposed subdivision of the
development into approved lot or lots.
(e)
Prior to the recordation of a subdivision plat of the development
tract, the applicant shall establish a maintenance organization with
the obligation to maintain all areas and facilities within the subdivision
which are designated for common use. The subdivision plat shall contain
a clear designation of such common areas and facilities and shall
note the obligations of the owners of approved lots with regard to
such maintenance, or shall refer to any recorded declaration or agreement
regarding such maintenance obligations. Such common areas and facilities
shall be subject to all the requirements of the City Code and any
and all other applicable laws, rules and regulations with the purpose
of ensuring that the common facilities shall be maintained in a good
and proper condition and fit for their intended purpose. All cross-access
easements, maintenance declarations, or other agreements for the maintenance
of common use areas or facilities shall be reviewed by the Department
of Planning and the City Attorney prior to approval of the subdivision
plat to ensure compliance with existing parking, stormwater, transportation
and access requirements and all other regulations. The City shall
be named a party in said agreements for the sole purpose of ensuring
that a review of any changes to said documents is in compliance with
all applicable regulations.
J. Other requirements. Uses defined under the category of COMAR 10.07.01.03
C are not included as permitted uses under the terms of permitted
uses listed in the MOE Mixed Office/Employment Center.
[Added 2-5-2018 by Ord.
No. 996]
All landscaping material information shall be
delivered to the Tree Commission for comment prior to Department of
Planning's review and shall promote native plant species. The Tree
Commission may provide the Department of Planning with an approved
list of tree and shrub species to be used in lieu of reviewing the
planting schedule. All planting shall be done in accordance with the
Standard for Nursery Stock and shall include a mixture of the approved
planting materials. Prior to the approval of the record plat, the
Department of Planning shall review and approve a landscaping, lighting
and signage plan that meets the following criteria:
A. A planting area parallel to a public street shall be designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a screened view from the public road. These planting areas, known as "street yards," shall be a minimum of 40 feet wide unless reduced as per §
205-33. Street yards shall contain one shade tree for every 35 linear feet or one ornamental tree per every 25 linear feet of street frontage, less driveway widths. These trees shall be generally equally distributed along the frontage of the public road, but are not required at absolute equal intervals to allow some flexibility in design and the avoidance of utility lines while discouraging long intervals without trees. Shrubbery shall be planted in clusters at a ratio of six shrubs for every tree. Except for utility distribution equipment not exceeding 42 inches in height and 20 square feet in area, which is painted an approved outdoor ANSI green and completely screened by shrubbery, evergreens or landscaping berms, no structures, roads (except driveway points), parking, accessory buildings, or mechanical equipment shall be contained in the planting areas. However, walkways, trails, objects of art and man-made landscape features are allowed.
B. All required open space, except open space in the parking areas and along private entrance roads as enumerated in Subsections
D and
E below, shall be landscaped at a ratio of 20 trees and 80 shrubs per acre. Areas that are currently forested and to be kept as open space shall be exempted from this planting requirement. All open space areas shall be a minimum of 25 feet wide. Walkways, trails, objects of art and man-made landscape features also are allowed in these planting areas. These areas shall be landscaped with a variety of trees and shrubs as approved by the Tree Commission. All areas of open space not covered by trees and shrubs shall be seeded with an appropriate seed mixture. For any area adjacent to any residential zoning district, landscaping design shall buffer the residential district from direct light and cause only minimal glare. "Minimal glare" is defined for this subsection as light of an intensity not exceeding 0.5 footcandle as measured at the property line between adjoining lots or parcels. Landscaping design shall incorporate a combination of a variety of vegetative landscape material and other landscaping techniques intended to effectively buffer residences in adjacent residential zoned lots or parcels from exterior lighting used within the MOE Zone. The Department of Planning shall require the installation of the vegetative landscape material in conjunction with other landscaping techniques at the earliest possible time during construction to provide the vegetation sufficient time to mature and provide an effective visual buffer.
[Amended 8-6-2012 by Ord. No. 943]
C. If a landscape area or planting bed is proposed around
a building it shall have a minimum width of five feet.
D. Off-street parking lots having more than 15 parking
spaces shall provide a landscaped island at the ends of each parking
row or aisle and additional landscaped islands at the ratio of one
island at least eight feet wide for each 12 contiguous parking spaces.
These landscaped islands shall be a minimum of 144 square feet in
area for a single parking row and 288 square feet in area for a double
parking row, with a minimum inside dimension of eight feet and a minimum
prepared depth of 24 inches. These landscaped medians shall have a
minimum inside dimension width of eight feet and a minimum prepared
depth of 24 inches. The islands shall have curbs and gutters while
the medians may either have curbs and gutters or be open sectioned
to allow for stormwater infiltration, providing medians are protected
with wheel stops at each parking space to protect them from vehicular
encroachments. Trees shall be planted at a minimum rate of three trees
and eight shrubs per every island of 244 square feet or larger and
two trees and four shrubs for every island that is less than 244 feet
square feet. Street yard trees cannot be credited toward the parking
lot tree requirements. If the parking lot is used for stormwater management
environmental site design practices, parking landscape requirements
as required by this subsection shall be waived.
[Amended 8-6-2012 by Ord. No. 943]
E. Any area considered to be a private entrance driveway
shall have a minimum twenty-foot planting strip on both sides of the
entrance driveway. This area shall be planted with at least one tree
every 25 linear feet of frontage, less driveway widths. These trees
shall be generally equally distributed along the frontage of the private
entrance driveways, but are not required at absolute equal intervals
to allow some flexibility in design and the avoidance of utility lines
while discouraging long intervals without trees. Shrubbery shall be
planted in clusters at a ratio of six shrubs for every tree, except
where the Tree Commission recommends otherwise and where approved
by the Department of Planning.
F. Exterior lighting:
[Amended 8-6-2012 by Ord. No. 943]
(1) Lights illuminating off-street parking or loading
areas shall be arranged and installed so that any spill onto adjacent
areas shall be minimal glare. Spill over light from the MOE Zone at
any adjacent property line of an existing single-family residential
lot currently within the municipal boundaries of the City shall not
exceed 0.1 footcandle.
(2) Lighting standards shall not exceed 35 feet in height.
Lighting fixtures shall be of a directional-type capable of shielding
the light source from direct view from adjacent residential lots or
parcels.
G. Signage: The project site plan shall identify the proposed location
of all proposed signage. Signage shall be compatible in quality, style,
color and materials to the building with which it is associated. Creative
modifications to standard signage used by large corporations are encouraged.
Signage elevations shall be submitted with sign permit applications.
Ground monument signs shall be located to ensure safety to vehicular
traffic and pedestrians. Freestanding signs shall not extend higher
than 25 feet above the finished grade. No sign shall extend above
the finished deck of a flat roof or the ridge of an elevated or gable
roof of a building. Ground level signs, including monument signs,
shall be no larger than 50 square feet, per face, not including framework,
structure or support elements, for single-tenant signs and 100 square
feet per face, not including framework, structure or support elements,
for multiple-tenant signs. Elevated signs shall be no larger than
100 square feet, not including framework, structure or support posts.
Freestanding or wall-mounted building and project naming signage is
exempt from these specific signage regulations, however, such signage
still requires review and approval by the Director of Planning.
[Amended 8-6-2012 by Ord. No. 943]