Town of Federalsburg, MD Article XVI Supplementary Zone Regulations

§ 245-104 Supplementary nature of additional regulations.

The regulations set forth in this article qualify or supplement the district regulations appearing elsewhere in this chapter.

§ 245-105 Mixed uses in C-2 District.

In the C-2 Commercial District, residential and professional offices (including medical) uses shall be considered accessory uses, regardless of the percent of building occupied, provided that the entire first floor, excluding entryways and vestibules, is a permitted commercial use. Setbacks and yard requirements shall be those of the commercial use.

§ 245-106 Modification of height regulations.

A. Except within an area defined as an Airport Approach Zone by the Federal Aviation Agency, the height limitations of this chapter shall not apply to bellfries, public monuments, chimneys, ornamental towers and spires, church spires, commercial radio and television towers less than 125 feet in height, conveyors, cooling towers, silos and driers, elevator bulkheads, smoke stacks, fire towers, stage towers or scenery lofts, water towers and standpipes, storage tanks.

B. Except within an area defined as an Airport Approach Zone by the Federal Aviation Agency, public and semipublic, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet when the required adjacent yards are each increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.

C. Notwithstanding any other provisions of this chapter, no places of public assembly, including, but without limitation, schools, churches, hospitals, theaters, and assembly halls, shall be erected or otherwise located within any area which would be classified as an Airport Approach Zone within a distance of 11,000 feet from the end of any airport runway.

§ 245-107 Lot area.

A. If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to his own, and if the deed (or other instruments) under which such owner acquired title was of record prior to the application of these zoning regulations, and if the lot does not conform to these requirements as to width, depth, and lot area per family, the provisions of lot area per family and lot width regulations shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.

B. Requirements for lot area per family do not apply to dormitories, fraternities, sororities, and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

C. Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge or tourist home or rooms in a rooming, boarding- or lodging house.

§ 245-108 Yards and open space.

A. Whenever a lot abuts upon a public alley, the alley width may not be considered as a portion of the required yard.

B. When these regulations refer to side streets, the Administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of two streets is the side street.

C. Every part of a required yard shall be open to the sky, except as authorized by this chapter and except ordinary projections of sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required yard.

D. More than one building on a lot.

(1) More than one main building may be located upon a lot or tract in the following instances:

(a) Institutional buildings.

(b) Public or semipublic buildings.

(c) Multiple-family dwellings.

(d) Commercial or industrial buildings.

(e) Homes for the aged.

(2) The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside the buildable area of the lot.

§ 245-109 Front yards.

A. On through lots, the required front yard shall be provided on each street.

B. There shall be a front yard of at least 15 feet on the side street of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of this chapter shall not be reduced to less than 50 feet.

C. Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front or side yard not more than six feet.

D. Where 25% or more of the street frontage within 400 feet of the property in question is improved with buildings that have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; however, a front yard of more than 50% in excess of the depth of the required front yard shall be required.

§ 245-110 Side yards.

A. Where a building in a commercial district is subject to the height, area, and bulk requirements applicable to residential development under § 245-105, the side yard requirements for residential development shall be applied only to the lowest floor (and all floors above it) which contains more than 25% of its area used for dwelling. All floors shall be subject to side yards required by these regulations for commercial building adjacent to residential districts.

B. For the purpose of the side yard regulations, a group of business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

C. The minimum width of side yards for schools, libraries, churches, community houses, and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a business or industrial district, in which case the width of that yard shall be 35 feet.

§ 245-111 Rear yards.

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.

§ 245-112 Corner visibility.

No sign, fence, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of 30 inches above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street lines.

§ 245-113 Accessory buildings and structures.

A. Except as herein provided, no accessory building shall project beyond a required yard line along any street.

B. Filling station pumps and pump islands where permitted shall not occupy the required yards.

C. Any fence or wall not more than four feet in height may project into or enclose any required front yard to a depth from the street line equal to the required depth of the front yard. Fences or walls may project into or enclose other required yards, provided such fences and walls do not exceed a height of seven feet. Fencing in the front yard must be constructed of materials or in a manner which will not obstruct vision from the primary structure or from any roadway entrance or driveway. No fencing shall be erected closer than five feet to any street, or on the outside edge of public sidewalk, or restrict any adjacent public right-of-way.

[Amended 10-6-2008 by Ord. No. 2008-09]

D. Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided that they are not located closer than six feet to a rear lot line or 10 feet to an interior side lot line. A walk space at least three feet wide shall be provided between pool walls and protective safety fences or barrier walls. Every swimming pool shall be protected by a safety fence or barrier wall approved by the Administrator in accordance with the Town's adopted Building Code.[1]

[1] Editor's Note: See Ch. 37, Article II, Building Code.

E. Permitted accessory storage of a boat, boat trailer, or camp trailer shall not be conducted in a front yard.

F. Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided that such accessory buildings do not occupy in the aggregate more than 30% of the area of the required rear yard and provided that they are not located closer than five feet to any lot line.

G. Accessory buildings, attached or detached, may be constructed in a side yard, provided that the accessory building is not located closer than five feet to the lot lines.

§ 245-114 Two-family dwellings and townhouses.

A. Each dwelling unit of a two-family dwelling must comply with the minimum lot area per dwelling unit specified in the Table of District Regulations at the end of this chapter.

B. The dwelling units and individual lots of a two-family dwelling or townhouse may be sold separately if separate utilities systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with Chapter 200, Subdivision Regulations. In addition, all townhouse units offered for sale individually shall have party walls constructed in accordance with the International Residential Code for one- and two-family dwellings as adopted by the Town of Federalsburg.

[Amended 7-18-2022 by Ord. No. 2022-03]

C. The following regulations shall apply to townhouses in any district where townhouses are permitted:

[Amended 8-6-2007 by Ord. No. 2007-17]

(1) The townhouse building shall comply with minimum lot requirements outlined on the Table of Requirements for Townhouses.[1]

[1] Editor's Note: The Table of Requirements for Townhouses is included at the end of this chapter.

(2) For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only. Any side yard adjacent to the line of a lot occupied by a detached single-family dwelling or a lot in a single-family residential district shall not be less than 50 feet.

(3) No detached garage or carport or other detached accessory building over 150 square feet shall be permitted on a lot occupied by a townhouse, without the approval of the Administrator in accordance with the Town's adopted building code.[2]

[2] Editor's Note: See Ch. 27, Building Construction.

(4) Not more than seven dwelling units shall be included in any one townhouse building.

(5) The front and rear facades of dwelling units in a townhouse shall be varied by changed yards of not less than three feet and variation in materials or design so that no more than two abutting units will have the same front yard depth and no more than two adjoining units shall have the same or essentially the same architectural treatment of facades. The Planning Commission shall encourage innovative design and architectural solutions that result in unified design concepts while maximizing individual unit privacy and variation in unit orientation.

(6) Provisions satisfactory to the Planning Commission, and approved by the Town Attorney, shall be made to assure that nonpublic areas for the common use and enjoyment of occupants of a townhouse, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner without expense to the general public.

(7) Two off-street parking spaces per unit shall be provided within at least 150 feet of each townhouse building. Townhouse developments shall include secure common areas for storage of trailers and recreational vehicles by unit residents. Storage areas shall be landscaped and may be located on a separate or remote parcel under the control of a resident's community association. Location and design of storage areas shall be subject to site plan approval of the Planning Commission and meet all zoning, access, and other requirements of this and other Town ordinances.

(8) A site plan complying with the requirements of this chapter shall accompany an application for approval of a townhouse development.

(9) A minimum of 10% of the gross land area to be developed as houses must be reserved as open space recreational area.

§ 245-115 Sign regulations.

[Amended 2-4-2002 by Ord. No. 02-008; 8-6-2012 by Ord. No. 2012-08; 5-6-2013 by Ord. No. 2013-2]

A. The purpose of this section is to prescribe standards for the location, design, color, illumination, height and size of all types of signs within the Town of Federalsburg in order to protect the unique natural beauty and small town character of the Town. This section also intends to promote the following:

(1) To encourage the effective use of signs as a means of communication for the convenience of the public by preventing their over-concentration, improper placement and excessive size;

(2) To maintain and enhance the aesthetic environment while promoting creativity and the Town's ability to attract sources of economic development and growth;

(3) To minimize the possible adverse effect of signs on nearby public and private property;

(4) To protect and enhance the small town character of Federalsburg by requiring new and replacement signage which is:

(a) Creative and distinctive;

(b) Compatible with its surroundings;

(c) An integral component of the style and character of the building to which it relates;

(d) Appropriate to the type of activity to which it pertains;

(e) Expressive of the identity of individual proprietors or of the community as a whole;

(f) Appropriately sized for its context.

(5) To enable the fair and consistent enforcement of these sign restrictions; and

(6) To preserve and protect the public health, safety and general welfare.

B. Definitions. For purposes of this section, the following definitions shall apply.

BANNER

Any sign of lightweight fabric or similar material.

BUILDING SIGN

Any sign attached to any part of a building, as contrasted to a freestanding sign.

COMMERCIAL MESSAGE

Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

FLAG

Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used a symbol of a government, political subdivision, or other entity.

FLASHING SIGN

An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign.

FREESTANDING SIGN

A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.

INCIDENTAL SIGN

A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

MARQUEE SIGN

Any sign attached to or hung from a marquee. For the purpose of this section, a "marquee" is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.

NONCONFORMING SIGN

Any sign that does not conform to the requirements of this section.

PROJECTING SIGN

Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

ROOF SIGN

Any sign affixed to or erected and constructed wholly on and over the roof of a building or supported by the roof structure. The roof structure shall also include fake roof structures.

SIDEWALK SIGN

A freestanding sign of six square feet or less designed to convey information to pedestrian rather than vehicular traffic. Such sign shall not extend out from the building line more than three feet and in no case nearer to the curb than six feet; and provided further that no sign having sharp or dangerous projections shall be permitted.

SIGN

A structure or device designed or intended to convey information to the public in written or pictorial form.

STREET FRONTAGE

The linear distance for which a building fronts on the lot line which adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

TEMPORARY SIGN

Any sign that is used only temporarily and is not permanently mounted.

WALL SIGN

Any sign attached parallel to, but within six inches of, a wall, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WINDOW SIGN

Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

C. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with the standards, procedures, exemptions, and other requirements of this section.

D. Permits.

(1) No sign shall be erected, displayed, substantially altered, or enlarged until an application has been filed and until a permit for such action has been issued and the fee for said permit has been paid. Applications shall be on forms prescribed by the Zoning Administrator. At a minimum, all applications shall include a scale drawing specifying dimensions, materials, illumination, letter sizes, colors, support systems, and location on land or buildings, with all relevant measurements. A schedule of fees for such permits may be established and amended from time to time by the Mayor and Council.

(2) Permits shall be issued only if the Zoning Administrator determines the sign complies or will comply with all applicable provisions of this section and the Town Building Code. Such application may be filed by the owner of the land or building or any person who has the authority to erect a sign on the premises. All signs shall be erected on or before the expiration of 90 days from the date of issuance of the permit.

(3) Structural and safety features and electrical systems shall be in accordance with the requirements of the applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all of the requirements of this chapter and applicable technical codes.

(4) The Zoning Administrator shall act within 30 days of receipt of such application together with the required fee. The Zoning Administrator's action or failure to act may be appealed to the Board of Appeals.

E. Signs permitted without permits. The following signs may be erected without issuance of a sign permit, provided all other applicable standards of this section are met:

(1) No more than one temporary sign advertising the sale, lease, or rental of the premises upon which the sign is located, with the total area of the sign not exceeding four square feet. Such signs shall be removed within 10 days following the sale, lease or rental of the premises.

(2) Signs relating to political elections and activities, subject to the following:

(a) That no sign be located upon property owned by the Town of Federalsburg or upon any street or sidewalk.

(b) That no sign be installed until such time as the owner of the site has given his or her permission, in writing, for the sign to be installed.

(c) That all such signs be removed within 10 days after the date upon which the election or referendum to which they refer occurs.

(d) All political signs shall conform to the development standards set forth in this section.

(e) The total sign area of any political sign shall not exceed 10 square feet.

(3) Professional nameplates or signs denoting the name and address of the occupants of the premises, which sign or nameplate shall not exceed a total of one square foot in area.

(4) Banners are permitted, subject to the following standards:

(a) On-site banners exhibited for nonprofit events or festivals shall not exceed 60 square feet in area. Any such banner may be erected 15 days prior to the event or festival. Banners shall be removed no later than three days after the event or festival.

(b) Off-site banners exhibited for nonprofit events or festivals shall not exceed 32 square feet in area and are limited to two off-site locations. Those off-site banners shall have the permission of the property owner on which the banner is erected and shall not make those properties be in nonconformance by the addition of off-site banners. Any such banner may be erected 15 days prior to the event or festival. Banners shall be removed no later than three days after the event or festival.

(c) Off-site banners are prohibited on public property or within any public right-of-way.

(d) An on-site banner announcing the grand opening of a new business shall not exceed eight square feet in area. Any such sign shall not be erected any sooner than 14 days before the official opening of the business and shall be removed within 30 days of said opening. Only the words "Grand Opening" shall be permitted to appear on such a banner. A grand opening banner may only be erected one time per business.

(e) An on-site banner announcing the closing of a business shall not exceed eight square feet in area. Any such sign may be erected up to 30 days prior to the closing of the business and shall be removed within two days of the closing of the business. Only the words "Going Out of Business" shall be permitted to appear on such a banner. A going-out-of-business banner may only be erected one time per business.

(f) There shall be no more than one banner displayed on any commercial or industrial parcel at any one time.

(5) (Reserved)

(6) Flags and buntings are permitted subject to the following standards:

(a) Any business or organization may display one flag which replicates its business name, trademark, or logo.

(b) Flags and buntings exhibited to commemorate holidays or seasons shall not exceed eight square feet in area for flags and four square feet in area for buntings. Any such flags and buntings may be erected 15 days prior to the holiday or season. Those flags and buntings shall be removed no later than three days after the holiday, festival or season.

(c) Flags attached to buildings shall not exceed eight square feet in area.

(d) Flags flown from a pole may be no greater than 60 square feet in area and shall not be flown from a flagpole which exceeds 40 feet in height.

(e) There shall be no more than four flags and six buntings displayed on any commercial or industrial parcel at any one time.

(7) Signs erected or posted and maintained for public safety and welfare or pursuant to any governmental function, law, ordinance, or other regulation.

(8) Directional signs solely indicating ingress and egress placed at driveway locations, containing no advertising material, and where display area does not exceed three square feet or extend higher than four feet above ground level. Such sign will conform in all respects with the requirements of this Code.

(9) Signs relating to trespassing and hunting, not exceeding two square feet in area.

(10) "Self/Full Service" signs not to exceed three square feet in area are permitted on each end of each pump island.

(11) Signs affixed to the top or sides of an operable fuel-dispensing pump shall not exceed three square feet in area and shall only display instructional or price information.

(12) Construction signage.

(a) On commercial and industrial properties, no more than one sign per architect, engineer, or general contractor, which shall not exceed 32 square feet in area, and one sign per subcontractor, which shall not exceed 12 square feet in area, may be placed on premises where construction, repair or renovation is in progress. Such sign shall be removed prior to the final inspection for use and occupancy. Supplier signage is prohibited.

(b) On residential properties, no more than one sign which shall not exceed four square feet in area may be placed on premises where construction, repair or renovation is in progress. Such sign shall be removed prior to the final inspection for use and occupancy.

(13) No more than one sign advertising a real estate development, commercial development, or subdivision. Said sign shall not exceed 32 square feet in area and shall be located on the property to be developed or subdivided. Such sign shall be removed when 80% of the initially available property has been sold.

(14) No more than one sign identifying a sales office. Said sign shall not exceed 16 square feet and shall be located on the same lot as the sales office. Such sign shall be removed when 80% of the initially available property has been sold.

(15) No more than one sign identifying an estate, subdivision or manufactured home park. Said sign shall be limited to height of five feet and 10 square feet in area.

(16) No more than one sign identifying a home occupation. Said sign shall be attached to the building and shall not exceed two square feet.

(17) Incidental signs.

(18) No more than five temporary window signs for commercial buildings. For each business on a separate property, temporary window signage for each street frontage is permitted with a maximum area of one square foot of signage per one linear foot of street frontage of the building, not to exceed a maximum of five temporary window signs per street frontage.

F. Prohibited signs:

(1) Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted after 30 days from when said business or organization becomes defunct.

(2) Wall signs in excess of 200 square feet.

(3) Freestanding signs in excess of 100 square feet in area per side.

(4) No sign, except for a traffic, regulatory, or informational sign, shall use the word, "stop," "caution," or "danger," or shall incorporate red, amber or green lights resembling traffic signals, or shall resemble stop or yield signs in shape and color.

(5) Sign with exposed electrical wires.

(6) Strings of bulbs are not permitted, except as part of a holiday celebration.

(7) No person may erect a sign that constitutes a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

(8) No person may erect, maintain, or suffer to remain a sign which:

(a) Is structurally unsafe;

(b) Constitutes a hazard to public safety and health by reason of inadequate maintenance, dilapidation or abandonment;

(c) Obstructs free entrance or exit from a required door, window, or fire escape;

(d) Obstructs light or air or interferes with a proper functioning of the building; or

(e) Is capable of causing electrical shock.

(9) No sign shall exceed 40 feet in length.

(10) No sign surface shall exceed a vertical dimension of 15 feet.

(11) No person may erect a sign which is affixed to a street sign, directional sign, utility pole, or tree, shrub, rock, or other natural object.

(12) Signs shall not cover architectural details such as, but not limited to, arches, sills, moldings, cornices, and transom windows.

(13) No attached signs shall project more than 36 inches beyond the building line.

(14) Electronic message centers that have any motion in the transitioning between messages or that change more frequently than once every eight seconds.

(15) With the exception of sidewalk signed authorized by Subsection J(3) herein, no signs shall be placed on or about public property or within any public right-of-way except those installed by the Maryland State Highway Administration and the Town of Federalsburg for public safety and welfare or pursuant to any governmental function, law, ordinance, or other regulation.

(16) Marquee or flashing signs, except as authorized in Subsection J(4)(e) herein.

G. Nonconforming signs and sign structures may be altered only as qualified below:

(1) A nonconforming sign may be modified only to reflect a new trade name, different words, letters, or numbers, new design, different colors or different logo, provided that the changes do not increase the degree of nonconformity of said sign and further that such revision is for the purpose of advertising the same business before and after the modification. If the use of a premises changes, all signs for the new use shall be brought into compliance with this section.

(2) Nothing in the section shall be deemed to prevent keeping in good repair a nonconforming sign, including sign maintenance, repainting, and replacement of broken or deteriorated parts of the sign itself.

(3) A nonconforming sign or sign structure which is destroyed or damaged by any cause may be restored within six months after such destruction or damage only after the owner has shown that the damage did not exceed 50% of the appraised value of the sign. If the sign or sign structure is destroyed or damaged to an extent exceeding 50%, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign structure conforming in all respects.

(4) A nonconforming sign or sign structure shall be removed within 30 days if the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding 50% of the building's appraised value.

H. Measurement of sign area.

(1) Sign measurements shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface.

(2) For a sign consisting of individual letters or symbols attached to a surface, building, wall, or window, the area shall be considered to be that of the smallest rectangle, square, triangle, trapezoid, circle or any combination of these shapes which encompasses all of the letters and symbols.

(3) The area of supporting framework (for example brackets, posts, etc.) shall not be included in the area if such framework is incidental to the display.

(4) When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back-to-back and are at no point more than two feet from each other. In this case, the sign area shall be taken as either face; and if the faces are unequal, the larger shall determine the area.

I. Measurement of sign height. The height of any sign shall be measured from the surface of the road and/or ground up to the highest point of the sign.

J. Permitted signs. Only signs which refer to a permitted use or an approved special exception use are permitted, provided that such signs conform to the provisions of this section and are located on the same lot as said use. The following signs may be erected in the Town of Federalsburg after issuance of a sign permit by the Town:

(1) Building signs.

(a) Wall signs.

[1] Wall signs shall not project more than 15 inches from the building surface.

[2] Wall signs shall not be mounted higher than the eave line or top of the parapet wall of the building, and no portions of the sign shall extend beyond the ends of the wall to which it is attached.

[3] For each business on a separate property, wall-mounted signage for each street frontage is permitted, with a maximum area of one square foot of signage per one linear foot of street frontage of the building, not to exceed a maximum of five wall signs per street frontage.

[4] If a business has a combination of wall and window signs, the business is limited to a combined maximum of five wall and window signs, excluding an identification sign.

[5] Buildings which have multiple businesses accessed by separate entrances: each business shall be permitted one building sign for each street frontage, with a maximum area of one square foot of signage per one linear foot of street frontage of the building dedicated to that business.

[6] When two or more businesses occupy one building with common entrances (i.e., without separate entrances), they shall be considered one business for sign computation purposes. This means that for wall or building signs, buildings of this nature are limited to one building sign per street frontage plus one directory sign per common entrance.

(b) Awning or canopy signs. Any portion of an awning containing advertising copy shall be treated as a wall or building sign and shall be included in the overall area calculations for such signs.

[1] Signs may be attached flat against awnings made of rigid materials and shall not project above the awning. Awnings of nonrigid materials (e.g., canvas) shall have signs only appliqued or painted on them.

[2] There shall be a minimum clearance of at least eight feet between the bottom of the awning and the ground at grade.

(c) Directory signs. Directory signs may be provided to identify individual businesses or occupants of the same building or building complex, in accordance with the following:

[1] The display board shall be of an integrated and uniform design.

[2] No more than one sign panel not to exceed two square feet in area is permitted per directory for each tenant business.

[3] Directory signs shall be placed in one or more groups nearest the pedestrian entrances adjacent to the building complex only and may be wall-mounted or freestanding signs. Such signs shall not exceed six feet in height.

[4] The total area of any directory sign shall not exceed 10 square feet.

[5] Property management companies are allowed one identification sign per building managed, not to exceed two square feet. Such signs shall not count against total allowable directory signage.

[6] Directory signs shall not contain advertising copy.

(d) Projecting and suspended signs. Projecting and suspended signs shall be treated as building signs and shall be included in the overall area calculations for building signs.

[1] The two sides of a projecting or suspended sign must be parallel back-to-back and shall not exceed 12 inches in thickness and 10 square feet in area.

[2] A projecting sign shall be hung at right angles to the building and shall not extend more than three feet from a building wall.

[3] Projecting or suspended signs shall have a minimum clearance of eight feet above grade and shall not project into a vehicular public way.

[4] The top of the sign, if suspended, should be in line with whichever is the most successful application of scale, linear continuity or visibility as determined by the Zoning Administrator.

(e) Roof signs. Signs shall not project above the peak of the roof or extend above the top of a parapet wall.

(2) Freestanding signs.

(a) No more than one freestanding sign per building lot, not exceeding 50 square feet (per side) in area, the top of which is not more than 10 feet in height, and which contains only the name of the owner, trade names, trademark, products sold, and/or describes the business(es) or activity conducted on the premises whereon such sign is located. Except in the C-1 District, such sign shall be placed on a continuous base that is at least as wide as the horizontal width of the sign it supports. Such sign shall be set back at least 10 feet from any property line. Signs set back a minimum of 100 feet from the property line may be enlarged to not more than 100 square feet.

(b) A landscaped area equivalent to the area of each side of a freestanding sign shall be maintained by the permit holder. This area shall be kept in a neat and clean condition, free of weeds and rubbish.

(c) Each building must incorporate its legally assigned street number into its freestanding sign.

(d) In addition to the above, each gasoline/service station or other business selling automotive fuel is permitted one price sign not to exceed eight square feet in area and eight feet in height and which shall be incorporated into the main freestanding sign.

(e) No more than one freestanding off-site sign may be permitted only for businesses which are accessed exclusively via an easement such that a sign could not be placed in a manner which respects the setbacks. Such a sign shall require written permission from the owner of the property on which the sign is to be located.

(f) For commercial properties that are located adjacent to Maryland Route 313, the Planning Commission shall have the authority to waive the height, size and setback provisions applicable to freestanding signs to permit one freestanding sign of sufficient height and size to ensure visibility by automobiles on the highway and to safely direct traffic to the site. In granting such a waiver, the Planning Commission shall make a finding that the requested height, size and/or location is the minimum necessary to ensure visibility and safe access to the proposed business.

[Added 4-1-2019 by Ord. No. 2019-02]

(3) Sidewalk signs.

(a) In addition to permitted wall or building signage, no more than one sidewalk sign, one projecting sign, or one post-mounted sign per lot may be permitted only when an otherwise permitted freestanding sign cannot be erected because it cannot meet the setback requirements. Such signs shall not exceed six square feet in size. Post-mounted signs must be located entirely on private property. The post for such sign may not exceed eight feet in height above grade, and the top of the sign may not exceed seven feet from grade. Such sign may not extend into any pedestrian pathway or obstruct visibility for vehicular traffic. The post for such sign shall have a maximum thickness of four inches.

(b) One sidewalk sign shall be permitted for each tenant of a shopping center. Such sign shall be located in front of the business being advertised and must provide six feet of unobstructed sidewalk.

(4) Institutional signs.

(a) No more than one freestanding sign or bulletin board identifying a school, place of worship, library, museum, or civic, social or fraternal club or society, which sign shall not exceed 32 square feet in area, six feet in height and shall be located upon the premises of such institution. These signs may also contain other information customarily incidental to said places or organizations. This provision is in place of, rather than in addition to, the standards for freestanding signs outlined in this section.

(b) No more than one building sign or bulletin board identifying a school, place of worship, library, museum, or civic, social or fraternal club or society, which sign shall not exceed 32 square feet in area and shall be located upon the premises of such institution. These signs may also contain other information customarily incidental to said places or organizations. This provision is in place of, rather than in addition to, the standards for freestanding signs outlined in this section.

(c) Signage in excess (either in number or size) of the standards outlined in Subsection J(4)(a) and (b) above may be considered and can be approved by the Planning Commission. Applicants seeking such additional signage shall prepare and submit a comprehensive signage plan to the Planning Department depicting the location, size, materials, etc., for all signs desired on the property. In its review, the Commission shall consider the request in the context of the site (i.e., is the property in a commercial area or a residential neighborhood), the compatibility and consistency of the signs with themselves and with respect to the building they are identifying, safety/visibility concerns, lighting issues, and other neighborhood compatibility issues.

(d) Signs on scoreboards shall be exempt from these standards, provided that no more than 25% of the scoreboard area is taken up with such advertising signs, and provided further that said signage is oriented to the spectators in the venue in which the scoreboard is located. Signage in excess of 25% of the scoreboard may be considered by the Planning Commission in accordance with Subsection J(4)(c) above.

(e) Marquee signs, flashing signs and illuminated signs may be permitted by the Planning and Zoning Commission for a property in any district that is used for institutional, civic, religious or governmental purposes (including, by way of example, and not by limitation, churches, schools, Fire Department, or governmental uses); provided, however, that the sign must comply with all other sign regulations set forth in the Federalsburg Town Code. The sign must be placed in a manner that does not create any glare or any other public or private nuisance to an adjacent property.

K. Development standards. The following restrictions shall apply to permitted signs:

(1) Architectural compatibility. A sign (including its supporting structure and components, if any) shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including color, with any building to which the sign is to identify and with surrounding structures as determined by the Zoning Administrator and/or the Planning Commission.

(2) Clearance from electric conductors. Signs shall not be located with less than five feet six inches horizontal or 10 feet vertical clearance from overhead electric conductors which are energized under 750 volts. Signs shall not be located with less than eight feet six inches horizontal or 11 feet vertical clearance from overhead electric conductors which are energized in excess of 750 volts.

(3) Component painting. All light fixtures, conduit and shielding shall be painted to match either the building or the supporting structure that serves as the background of the sign.

(4) Lighting requirements.

(a) Externally lit signs shall be illuminated only with steady, stationary, shield light sources directed solely onto the sign without causing glare. Light bulbs or lighting tubes used for illuminating a sign shall not be visible from adjacent public rights-of-way or residential properties.

(b) The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent road or closest right-of-way; and the illumination of a sign shall not be obtrusive to the surrounding area.

(c) The fixtures used to illuminate signs shall not be directed toward nearby residential properties.

(d) Internally illuminated signs are permitted in certain circumstances as follows:

[1] Individual backlit letters which are silhouetted against a softly illuminated wall;

[2] Individual letters with translucent faces, containing soft lighting elements inside each letter; and

[3] Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes.

(e) Fluorescent lights shall be allowed for indirect illumination when placed in such a manner that the light tubes are not exposed to view from the public right-of-way or sidewalk.

(f) All lighted on-site signs shall be illuminated indirectly by either interior or exterior fixtures.

(5) Location.

(a) No signs shall be placed on or about public property or within any public right-of-way.

(b) No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere with free use of all fire appliances, including hydrants, standpipes, automatic fire sprinkler connections, and the like. Fire lanes shall not be obstructed by the placement of any sign or sign structure.

(c) No sign shall obstruct any window to such an extent that any light or ventilation is reduced to a point below that required by any law or ordinance.

(6) Sign materials. Sign materials shall be similar to or compatible with the structure they identify.

(7) Signs indicating the current time and/or temperature are permitted, provided they meet all other provisions of this section.

L. Enforcement. The Zoning Administrator and/or the Office of Code Enforcement is hereby authorized to enforce this section. The Zoning Administrator and/or the Office of Code Enforcement is authorized to order the repair or removal of any sign and its supporting structure which is judged dangerous or in disrepair or which is erected or maintained contrary to this section. Violations of the provisions of this chapter shall be punishable as a municipal infraction as provided in Chapter 1, Article 1. Each day that a violation exists under this section shall constitute a separate offense.

M. Removal of signs.

(1) Upon written notice that a sign is not permitted, unsafe, damaged or deteriorated, the owner of the site and/or the owner of the sign shall repair or remove the sign. Immediate action is required for the repair or the removal of unsafe signs. If repair or removal is not achieved within the time period specified in the written notice, the sign shall be repaired or removed by the Town.

(2) After use is discontinued, all on-site signs shall be removed in 30 days of the termination of the use. If any such sign is not removed within said thirty-day limit, the Town may remove such signs.

(3) Any sign which has been ordered removed, or is abandoned or discontinued, shall be removed by the person, firm, or corporation responsible for the sign within 30 days of written notice to remove. If any such sign is not removed within said thirty-day limit, the Town may remove such signs.

(4) Removed signs deemed refuse. Any sign or sign structure removed from public property or within any public right-of-way may be deemed refuse and disposed of by the Town.

(5) Removed signs to be stored. Any sign or sign structure removed by the Town which is not deemed refuse shall be held not less than 30 days by the Town, during which period it may be recovered by the owner upon paying the Town for the cost of removal and storage, and upon payment of any imposed fine. If not recovered within the thirty-day period, the sign or sign structure is hereby declared abandoned, and title thereto shall be vested in the Town for disposal in any manner permitted by law.

§ 245-116 Site plans and uses requiring site plan approval.

A. The following uses are required to obtain site plan review by the Planning and Zoning Commission:

(1) All multifamily developments, including townhouses and apartments.

(2) Commercial uses.

(3) Industrial uses.

(4) Uses proposed under the Town Center Redevelopment Overlay District.

(5) Mixed uses.

(6) Conditional uses.

(7) Medical services uses.

(8) Mobile home parks.

B. Conditions and guarantees. Prior to the granting of any site plan use, the Planning and Zoning Commission may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation thereof as deemed necessary to reduce or minimize any effect of such use upon other properties in the neighborhood, and to secure compliance with the standards and requirements specified in this section. Failure to comply with such conditions or restrictions imposed shall constitute a violation of this chapter.

C. Procedures for preliminary site plan.

(1) A preliminary site plan complying with the requirements of this section shall accompany an application for approval under this section, together with such data and information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood, and surrounding properties.

(2) The following regulations and procedures for approval of site plans shall apply:

(a) Three copies of a preliminary site plan shall be filed with the Planning and Zoning Commission through the Administrator. The preliminary site plan shall comply with the requirements of this section and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Planning and Zoning Commission.

(b) The Planning and Zoning Commission shall review the site plan for compliance with the requirements of this chapter. Before approval of a site plan, the Planning and Zoning Commission may make reasonable additional requirements, including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings, and setback of buildings, to protect adjoining lots or uses. The site plan shall be amended in accordance with the requirements of the Planning and Zoning Commission.

(c) Site plans shall be prepared to a scale that is appropriate to the size of the site and proposed development. This determination shall be made by the Administrator in cooperation with the applicant. Site plans shall include, at a minimum, the following information:

[1] Owner's name and address.

[2] Developer or owner's agent name and address.

[3] Scale and North arrow.

[4] Location and names of all adjacent streets or roads.

[5] Address of site.

[6] All property lines, easements, and rights-of-way.

[7] All existing and proposed buildings.

[8] All existing and proposed trees, shrubs, and landscaping.

[9] All parking and loading areas.

[10] All areas used for site access and circulation.

[11] All proposed utilities.

[12] All proposed sediment and erosion control measures.

[13] Location of any floodplains, wetlands, steep slopes or other sensitive areas.

[14] Summary statistics for developed areas, protected areas, and planted or open space areas plus the overall area of the site.

D. Final site plan. Following approval of the preliminary site plan by the Planning and Zoning Commission, a final site plan in the form of a final plat shall be prepared and submitted to the Planning and Zoning Commission through the Administrator. This final plat shall comply with the specifications of the Planning and Zoning Commission and the requirements of this section and applicable laws, regulations, and ordinances governing the subdivision and development of land. Following approval of the final site plan by the Planning and Zoning Commission, the final site plan shall be recorded and filed in the official records of the Planning and Zoning Commission and maintained in the Town office. Permits shall be issued in accordance with the approved site plan.

E. Site design guidelines. All site plans shall be prepared in accordance with these guidelines. An analysis shall be made of characteristics of the development site, such as site context; geology and soil; topography and drainage patterns; microclimate; ecology; existing vegetation, structures, and road networks; visual features including significant views of and from the site; and past and present use of the site.

(1) Site design.

(a) Design of the development shall take into consideration all existing local and regional plans for the surrounding community.

(b) Development of the site shall be based on the site analysis. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.

(c) The following specific areas, and their established buffers, shall be preserved as undeveloped open space, to the extent consistent with the reasonable utilization of land, and in accordance with all applicable federal, state or local regulations:

[1] Unique and/or fragile areas, including wetlands as defined in Section 404, Federal Water Pollution Control Act of 1972, as amended, and delineated on the national wetlands inventory maps. On-site field verification by a qualified professional is required.

[2] Significant trees or stands of trees, defined as healthy hardwoods and evergreens over 30 years old (estimated by their height, spread, and trunk diameter), or vegetated stands with particular landscape or environmental value identified by the developer or by the Planning and Zoning Commission.

[3] Lands in the mapped one-hundred-year floodplain of any waterway.

[4] Streams and their buffers as described in the Comprehensive Plan.

[5] Steep slope areas as described in the Comprehensive Plan.

[6] Habitats of threatened or endangered species as described in the Comprehensive Plan.

[7] Historically significant structures and sites, as listed in federal, state, or Town lists of historic places.

(d) The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge, to reduce cut and fill, to avoid unnecessary impervious cover; to prevent flooding, to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.

(e) Residential development design.

[1] In conventional developments, the Planning and Zoning Commission may vary lot areas and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy, and environmental soundness in layout and design, provided that the average lots' areas and dimensions, yards, and setbacks within the subdivision conform to the minimum requirements of this chapter, and provided that such standards shall be appropriate to the type of development permitted.

[2] Residential lots shall front on residential access if possible. If residential lots front on collector streets or highways, a buffer yard as described in Appendix A,[1] including walking/bicycling paths, shall be included in addition to the required front yard.

[1] Editor's Note: Appendix A is included at the end of this chapter.

[3] Every lot shall have sufficient access to it for emergency vehicles as well as for those needing access to the property in its intended use.

[4] The placement of units in residential developments shall take into consideration topography, privacy, building height, orientation, drainage, and aesthetics.

[5] Buildings, fences, walls, and landscaping shall be located to ensure rear yard privacy and still promote a "traditional" neighborhood character that encourages social interaction and walking.

[6] Use of shade trees in numbers and size that exceed minimum standards is strongly encouraged.

(f) Commercial and industrial development design.

[1] Commercial and industrial developments shall be designed according to the same principles governing the design of residential developments; namely, buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent practicable.

[2] Factors such as drainage, noise, odor, and surrounding land uses shall be considered in siting buildings, shipping and receiving areas, parking, and on-site circulation.

[3] Sufficient access shall be provided, and adverse impacts, including visually intrusive characteristics, shall be buffered.

[4] Buffer yard standards, included in Appendix C,[2] shall be considered minimum standards. More intensive landscaping including seasonal flowers and flowering shrubs, high quality lighting and signage are strongly encouraged and may be required at key entrances, along interior circulation routes, and within parking lots.

[2] Editor's Note: Appendix C is included at the end of this chapter.

[5] Shade trees should be located within 50 feet of any parking space within a parking lot.

[6] Safe and convenient pedestrian circulation should be planned throughout the site including linkages to all surrounding pathways, sidewalks, or trails on adjoining properties. Where such adjoining amenities or systems are planned but not yet constructed, the site design should accommodate and provide for future connections.

(g) Renovation.

[1] When existing business parks and centers, shopping centers, industrial parks, or individual buildings are proposed for renovation or any other activity requiring a building permit, the Planning and Zoning Commission may, at its discretion, require additional landscaping, signage improvements, lighting upgrades, and pedestrian and bicycle amenities to bring the facility into compliance with this chapter as a condition of permit approval.

[2] Before issuing a building permit for any commercial or industrial renovation or rehabilitation, the Town Administrator shall notify the Planning and Zoning Commission concerning the application and provide adequate time for Planning and Zoning Commission review and comment.

(h) Circulation system design.

[1] The road system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet, but not exceed the needs of the present and future population served; to have a simple and logical pattern that builds upon and extends the Town's grid system; to respect natural features and topography; and to present an attractive streetscape.

[2] In residential subdivisions:

[a] The road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic in accordance with this chapter, Chapter 200, Subdivision Regulations, and adopted Town standards.

[b] Neighborhood streets will permit on-street parking.

[c] Pedestrian and bicycle use will be encouraged and provided for separately from the vehicular cartway.

[d] Landscaped rear yard alleys for residential access, additional emergency access, refuse collection, and utility corridors are encouraged.

[e] A minimum five-foot wide landscaped buffer yard between the curb and sidewalk will be provided as specified in Appendix B.[3]

[3] Editor's Note: Appendix B is included at the end of this chapter.

[f] Private streets will not be permitted. All residential streets shall be constructed to Town standards and dedicated into public ownership subject to inspection and acceptance by the Town Administrator.

(i) Landscape design.

[1] Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.

[2] Landscaping should help connect and tie in the character of new development to the overall character of the Town. At the same time, each new development should strive to improve and raise the standard as an example for future projects.

[3] Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture and fixtures.

(j) Landscape guidelines.

[1] Native species and plants suitable to Climate Zone 7 shall be used.

[2] Attractive landscaping should be provided at site entrances, in public areas, along public rights-of-way, along interior circulation lanes, within parking lots, adjacent to buildings, and at building corners to soften their appearance and visual impact.

[3] High quality is encouraged, and the Planning and Zoning Commission may use examples from other areas to illustrate concepts, ideas, or requirements as it deems appropriate.

[4] The landscape plan shall consider seasonal changes and ensure an attractive year-round look.

[5] The landscape plan shall consider plant hardiness, susceptibility to drought, and ease of maintenance. However, aesthetics should prevail over maintenance if a decision is needed.

[6] Central watering or irrigation, including timers, is encouraged and may be required at key entrances or as part of commercial or industrial site plans.

[7] Loading and service areas, dumpsters, and storage areas should be attractively screened as part of the landscape plan.

[8] Signage should be considered as an integral part of the overall landscape plan.

[9] Lighting should be considered as an integral part of the overall landscape plan. Shielded, indirect, directed spotlights, highlighting and backlighting, pedestrian scale lighting, and security lighting together have an overriding influence on site appearance and are crucial to achieving a pleasant and safe nighttime landscape.

(2) Landscape plan.

(a) A landscape plan prepared by a plant professional, such as a registered landscape architect, forester, nurseryman, or someone who can document and demonstrate a performance record of successful landscape design and implementation appropriate to the scale and needs of the site shall be submitted with each site plan application, unless an exception is granted by the Planning and Zoning Commission, at its discretion, pursuant to a minor subdivision or site plan.

(b) The plan shall identify existing and proposed trees, shrubs, and ground covers; natural features such as rock outcroppings; and other landscaping elements.

(c) The plan shall include planting, staking, and watering details as well as construction details for architectural elements, walks, patios, sculptures, or art work.

(d) The plan shall include materials schedules.

(e) The plan shall include the location, placement and construction details for any proposed or required watering or irrigation system.

(f) The plan shall include drainage, runoff, and infiltration calculations if the landscaping is used to satisfy any sediment, erosion control, impervious surface, or water quality improvement standard that may be required by another program, standard, or ordinance.

(3) Site protection standards and general planting requirements.

(a) Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

(b) All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with Town and county regulations.

(c) Maximum effort should be made to protect existing vegetation that will be saved. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site to a distance sufficient to protect roots from damage or compaction due to on-site use of vehicles, excavation, or materials storage. Barriers shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

(d) Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than 20 feet vertically to 100 feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability and environment.

(4) Planting specifications.

(a) Deciduous trees shall have straight trunks of a caliper of at least 2 1/2 inches measured three feet above the root ball at planting.

(b) Evergreens and shrubs may vary depending on setting and type of shrub. However, tree species must be balled and burlapped or in a container of minimum fifteen-gallon size.

(c) Only nursery-grown plant materials shall be acceptable, and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.

(d) Dead, dying, or diseased plants shall be replaced by the developer during the following planting season.

(e) Specimen-sized transplants are recommended for focal spots, key entrances, and to provide immediate visual interest, especially on commercial sites.

(f) Trees and shrubs shall be properly planted and staked, and provision made by the developer for regular watering and maintenance until the performance bond or surety is released.

(g) Shade trees.

[1] Location.

[a] Shade trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall be either massed or spaced evenly along the street at the following intervals:

	Mature Tree Size (in feet)	Planting Interval (in feet)
	Large trees (40+)	50-70
	Medium trees (30-40)	40-50
	Small trees (to 30)	30-40

[b] When the spacing interval exceeds 40 feet, small ornamental trees can be placed between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect or forester. The trees shall be planted so as not to interfere unnecessarily with utilities, roadways, sidewalks, sight easements, or streetlights. Tree location, landscaping design, and spacing shall be approved by the Planning and Zoning Commission as part of the landscape plan.

[2] Tree type. Tree type may vary depending on the overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. Selection of tree types shall be approved by the Planning and Zoning Commission as part of the landscape plan.

(h) Berms. Where berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

(i) Buffers.

[1] Buffers shall provide a year-round visual screen in order to minimize adverse impacts. They may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.

[2] Buffers and buffer yards shall be provided in accordance with Appendix B and when the Planning and Zoning Commission may determine a site-specific need (which may require an expanded buffer width, length, planting density, or specific berm, wall, or fence in excess of the standards contained in Appendix B).

[3] Plant materials shall be sufficiently large and planted in such a fashion that a year-round screen at least eight feet high shall be produced within three growing seasons.

[4] Combinations of evergreen species are encouraged to provide visual interest and variety and habitat enhancement. Examples include, without being limited to, groupings of white pine, black pine, spruce, and cypress.

[5] No buildings, structures, storage of materials, or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass (unless as an ornamental grass approved in the landscape plan).

[6] Buffers should also be considered as wildlife habitat, wildlife corridors, and connections to a community-wide system of greenways and open spaces. They may be appropriate locations for hiker/biker paths and trails that supplement traditional sidewalks.

(j) Parking lot landscaping.

[1] In parking lots, at least 10% of the interior parking area shall be landscaped with plantings.

[2] Shade trees shall be located no further than 50 feet from any parking space.

[3] Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street.

[4] Islands of green space including grass and shade trees should be planned within larger expanses of parking. They should be large enough to be inviting and practical as pedestrian rest areas, especially during the summer.

[5] Parking lots should be broken into smaller defined sections by interior circulation roads that include curbs, gutters, and landscaping that creates a sense of enclosure, mitigates summer and winter temperature extremes, and includes seasonal flower displays.

[6] Lighting should be pedestrian scale yet provide sufficient illumination of convenience and security. Key landscape elements including signage should be lit and wired to timed circuits.

[7] Directional and traffic control signage should be pedestrian scale in size and displayed at a maximum height of four feet.

[8] Handicapped parking should be located and designed such that landscaping and vehicle circulation do not create barriers.

(k) Paving materials.

[1] Design and choice of paving materials used in pedestrian areas shall consider such factors as function, climate, characteristics of users, availability, cost, maintenance, glare, drainage, noise, appearance, and compatibility with surroundings.

[2] Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt, and stone.

(l) Walls and fences.

[1] Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control, or to serve other necessary and reasonable functions.

[2] The design and materials used shall be functional and compatible with existing and proposed site architecture.

[3] No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.

(m) Street furniture.

[1] Street furniture, such as but not limited to trash receptacles, benches, and phone booths,[4] shall be located and sized in accordance with function and need, as determined by the Planning and Zoning Commission.

[4] Editor's Note: See Ch. 211, Telephones, Public.

[2] The different street furniture components shall be compatible in form, material, and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall take into consideration function, durability, maintenance, and long-term cost.

F. Site plan review. The Planning and Zoning Commission shall review site plans for consistency with the Comprehensive Plan and make specific findings of fact prior to granting final site plan approval. Site plan reviews shall also be conducted with consideration to principles of urban design, including the shapes and massing of structures, rooflines, materials, streetscape, and landscaping. More intensive landscaping may be required as the intensity of development increases.

G. Surety bond. If required by the Planning and Zoning Commission, a surety bond shall be filed for, or deposited in escrow with the Mayor and Council, in an amount sufficient to insure completion of requirements as may be imposed by the Planning and Zoning Commission.

H. Approval valid for one year. Approval of a conditional use under this section shall be valid for a period of one year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during said one-year period, unless an extension of time, not exceeding one year, is approved by the Planning and Zoning Commission before the expiration of said one-year period.

I. Revocation of permits. Permits issued under a conditional use approval may be revoked by the Administrator for failure to comply with conditions of approval or applicable regulations.

§ 245-117 Off-street parking areas.

A. In all districts, except the Central Commercial District, space for parking and storage of vehicles shall be provided. An off-street parking space shall comprise not less than 180 square feet per parking stall plus necessary maneuvering space. Twenty-four feet minimum of space for maneuvering, incidental to parking or unloading, shall be provided and shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. Parking areas associated with public, semipublic, commercial, or industrial use shall have an all-weather surface. Parking spaces shall be provided in accordance with the following schedule:

(1) Residential (dwelling units): two spaces for each unit.

(2) Churches and schools: one space for each four seats in a principal auditorium or one space for each 10 classroom seats, whichever is greater.

(3) Libraries, museums, and public buildings: one space per each 150 square feet of floor area.

(4) Offices for business, banking, or professional use: one space per each 200 square feet of gross floor area.

(5) Restaurants or other places serving food, beverages, or other refreshments: one space per each five seats, plus one space per each two employees, or one space per each 200 square feet of floor area so used, whichever is greater.

(6) Clubs, lodges, assembly halls, and other recreational facilities: one space per each two persons of the rated capacity of the building.

(7) Retail or service businesses: one space per each 300 square feet of gross floor area.

(8) Gasoline filling stations: one space per each 100 square feet, but not less than eight spaces.

(9) Funeral homes: eight spaces for each parlor or one space for each 50 square feet of floor area, whichever is greater.

(10) Hotels, motels, and lodging houses: 1 1/2 spaces per room.

(11) Manufacturing plants: one space for each two employees on the largest working shift.

(12) Physician's or dentist's office: five spaces for each physician, dentist, or practitioner.

B. Parking areas for more than five vehicles shall be effectively screened on each side by an ornamental wall, fence, or compact evergreen hedge. Such screen shall be not less than three feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. No part of any parking space shall be closer than five feet to any street or property line. Any lighting used to illuminate such parking areas must be shielded away from adjoining premises in any R District, and from public roads.

§ 245-118 Public utilities.

Public utility rights-of-way and structures may be permitted as follows:

A. Telephone, electric, water, sewer, and gas lines, with necessary accompanying and incidental equipment for local distribution are permitted as a matter of right in any district.

B. Hydroelectric lines, dams, power plants, transmission lines, substations, pumping and boosting stations, pipelines, administrative, construction, maintenance and storage facilities, and water and sewage treatment facilities may be permitted as a conditional use in any district.

§ 245-119 Off-street loading spaces required.

In any zone in connection with every building or part thereof, having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display or sales, mortuary, or other uses similarly requiring the receipt and distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building or use, at least one off-street loading space plus one additional such loading space for each 10,000 square feet of gross floor area or major fraction thereof. Each loading space shall not be less than 12 feet in width, 45 feet in length, and 14 feet in height. Such space shall not occupy any part of any required yard or court. No such space shall be located closer than 50 feet to any lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence, not less than six feet in height, and then not within 10 feet of any lot located in any R District.

§ 245-119.1 Manufactured homes.

[Added 2-5-2007 by Ord. No. 2006-25]

Manufactured homes are permitted wherever new single-family dwellings are permitted, provided they meet the following standards:

A. The home must be manufactured after January 1, 2001, and be in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

B. The home must be permanently fastened to a continuous masonry foundation, not pierced, except for required ventilation and utility access. The permanent masonry or brick foundation shall be left exposed or skirted with other masonry or brick.

C. The roof must be a gabled roof with a minimum roof pitch of 4/12.

D. The roofing material must be shingle or other conventional type of residential roof material.

E. The home must have exterior walls finished with brick or some other common exterior vinyl or aluminum siding.

F. The tongue, axles, transporting lights and removable towing apparatus must be removed prior to occupancy.

G. The base width of the home when assembled must be at least 24 feet for a continuous distance of at least 40 feet.

H. The home must meet the minimum floor area in accordance with Ordinance No. 2006-24, new home square footage formula.[1]

[1] Editor's Note: See § 245-21.1, Minimum square footage, and § 245-28.1, Minimum square footage.

I. The home must have a permanent landing and steps with handrails at each exterior doorway.

§ 245-119.2 Outside storage.

[Added 10-6-2008 by Ord. No. 2008-09]

Outside storage in any residential zoning district (R-1, R-2, R-3, PUD) shall meet the following requirements:

A. All items stored outside in residential districts shall be maintained in a neat and orderly fashion.

(1) Storage of any items outside must be in the rear yard.

(2) No items may be stored in the front area of the property or home, or in parking or loading areas.

B. No fencing shall be erected closer than five feet to any street or accessible throughway or restrict any public right-of-way.

C. Items permitted in the front area of any residence, or on any open or screened porches or patios, shall be limited to the following:

(1) Lawn ornaments/fixtures.

(2) Lawn furniture; no household furniture.

§ 245-119.3 Keeping or maintaining chickens.

[Added 5-7-2012 by Ord. No. 2012-04]

Where expressly authorized by this chapter, chickens (excluding roosters or crowing hens), may be kept or maintained as an accessory use on properties upon which a single-family residence is located, which have a minimum lot size of 8,000 square feet, subject to the following requirements.

A. No person shall keep chickens within the Town without first obtaining a permit from the Town office. The property owner shall also register the chickens through the Maryland Poultry Premises Registration Program, with the Maryland Department of Agriculture, and shall provide the Town with a copy of such registration.

B. A maximum of five chickens are allowed on any one property.

C. All chickens shall be kept in the backyard only and in a secure enclosure or coop. The enclosure or coop shall be constructed, repaired and maintained in a manner that is free of all odors and to prevent rodents from being harbored underneath, within or within the walls of the enclosure. All coops or enclosures must comply with the applicable setbacks for accessory structures but in no case can be closer than 10 feet to a neighboring property line. Enclosures or coops shall not exceed six feet in height above grade and must allow for a footprint of at least two square foot per chicken housed in the coop or enclosure. The maximum total allowable footprint for an enclosure or coop is 40 feet.

D. All enclosures or coops shall be kept in a clean and sanitary condition at all times and the owner of an enclosure shall as often as is necessary remove the accumulations of manure or other excreta in order to prevent the same from becoming a public nuisance.

E. All feed for animals shall be stored in predator-proof containers.

F. If at any time it appears that the keeping of any chicken creates a nuisance, the Town's designee may, whether or not a permit has been issued, order the owner to abate the nuisance and/or remove the chicken(s) from the Town of Federalsburg. If an owner fails to abate the nuisance and/or remove said chickens in the time provided in the notice, the Town's designee may summarily remove the chickens and abate said nuisance.

G. No person shall slaughter any chickens on the property.

H. Violations of the provisions of this chapter shall be punishable as a municipal infraction as provided in Chapter 1, Article I. Each day that a violation exists under this article shall constitute a separate offense.

§ 245-119.4 Tiny houses.

[Added 3-6-2017 by Ord. No. 2017-06]

A. Definitions. For the purposes of this section, the following definitions shall apply:

TINY HOUSE

A principal residential dwelling that has a square footage of between 275 square feet and 640 square feet per floor.

B. The Federalsburg Planning Commission may approve a subdivision or site plan for the construction of tiny houses, provided that the applicant satisfies all of the provisions of this section.

C. Tiny houses are only permitted within the R-3 (Multiple-Family Residential) District, TCRO (Town Center Redevelopment Overlay) District, or a Planned Unit Development (PUD) District. For any tiny house approved as part of an overall development plan, the provisions of § 245-21.1 shall not apply and the residential dwellings shall not be required to meet the average size of existing homes on property adjacent to or within the approved tiny house neighborhood.

D. Each dwelling unit shall have a minimum living room area of not less than 120 square feet.

E. Required space in sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least an additional 50 square feet of floor space for each occupant thereof.

F. Minimum ceiling height. Every habitable room, foyer, bathroom, hall or corridor shall have a ceiling height of at least seven feet. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only 1/2 the area thereof, but the total floor area shall be included for the purpose of determining the maximum permissible occupancy thereof.

G. Structure width. The tiny house must fit inside a construction envelope of 17 feet by 50 feet and be a minimum of 12 feet wide, with a maximum of 17 feet wide.

H. All homes must have a front or rear porch. Such porch is to be included in the construction envelope of the tiny house, but will not be included as living space or total square footage.

I. Porches shall be oriented towards common open space or the street and shall be designed to provide a sense of privacy between units.

J. Secondary entrances facing the parking and sidewalk are required to have a minimum of five-foot by five-foot porch.

K. Accessory buildings are permitted outside of the construction envelope, provided that they comply with all applicable provisions of the Zoning Ordinance, including any setback requirements, for accessory buildings.

L. The developer of any tiny house development plan shall be required to form a condominium or homeowners' association to maintain the common areas. The organizational documents shall be reviewed and approved by the Town Attorney. In the event that a condominium or homeowners' association is not in existence for any reason, the Town shall have the right to impose an assessment against the properties located within the community, for the maintenance of such common areas, which shall be collectible in the same manner as real estate taxes.

M. The development plans for a tiny house neighborhood shall include the following requirements:

(1) Centralized common area. The common open space area shall include usable public space such as lawn, gardens, patios, plazas, or scenic viewing area. Common open space shall have suitable tables, chairs, and benches with all homes having access to the common open area space.

(2) Four hundred square feet of common open space is required per unit.

(3) The principal common open space must be located central to the project space. Additional common open space can only account for 25% of the total requirement, with trails and pathways connecting the total development. Passive trails are allowed and may count towards the common open space requirement.

(4) Community buildings or clubhouses can be counted towards the common open space calculation.

(5) Common open space shall be located outside of stormwater/retention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than 10%.

N. Lot requirements.

(1) Area. The minimum lot size shall be 2,500 square feet.

(2) Width. The minimum width per lot shall be 25 feet.

(3) Depth. The minimum depth per lot shall be 100 feet.

(4) Construction envelope. The construction envelope for each lot shall not exceed 17 feet by 50 feet and is the space in which the tiny house may be placed.

O. Setbacks.

(1) Front and rear yard setback. The front and rear setback shall be 25 feet from the front and rear property lines to the construction envelope.

(2) Side yard setbacks. The side yard setback shall be four feet from the construction envelope to the property line.

(3) A modified setback may be approved by the Planning Commission in connection with site plan or subdivision plan approval. However, no portion of a building or appurtenance shall be constructed as to project into any commonly owned open space. No structure or portion thereof shall be closer than five feet to any structure on an adjacent lot.

P. Maintenance of open space and utilities. Before site plan or subdivision approval is granted, the applicant shall submit covenants, deeds and homeowners' association bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and accompanied by a certificate from an attorney that they comply with the requirements of this chapter prior to approval, and shall be subject to the approval of the Town Attorney. Such documents and conveyances shall be filed and be recorded, after approval by the Town Attorney, as a condition precedent to the filing of any final plat of the property or division thereof, except that the conveyance of land to a homeowners' association may be recorded simultaneously with the filing of the final plat.

Q. All houses within a tiny house neighborhood must be constructed to conform to all applicable Federalsburg building codes in effect at the time of construction, and shall comply with all other applicable development regulations and ordinances, including stormwater management, floodplain requirements, and critical area provisions. In the event of a conflict between a provision of this section and any other applicable code or regulation, the more restrictive standard shall control.

R. Any manufactured home constructed on a lot shall comply with the provisions of § 245-119.1 of this chapter.