This article contains regulations applicable to specific uses
that supplement the requirements found in other articles of this chapter.
The following specific supplementary use regulations apply to both
specific uses permitted by right and to uses permitted by special
exception.
A.
Each dwelling unit of a duplex dwelling must comply with the minimum lot area per dwelling unit as specified § 340-104.
B.
The dwelling units and individual lots of a duplex dwelling or townhouse
may be sold separately if separate water, sewer, electrical, heating,
and all other utility systems are provided and if separate lots for
all dwelling units in the subject building are created at the same
time and in conformity with the applicable regulations and standards
governing the subdivision of land.
C.
The following regulations shall apply to townhouses in any district
where townhouses are permitted:
(2)
Any side yard adjacent to the line of a lot occupied by a detached
dwelling or to a lot in a single-family residential district shall
be at least 25 feet.
(3)
There shall be a minimum separation between townhouse buildings on
all sides of 12 feet.
(4)
Unless otherwise restricted by zone regulations, no more than six
dwelling units shall be included in any one structure containing townhouses.
(5)
If areas for the common use and enjoyment of occupants of a townhouse
building are provided through joint ownership of those areas by all
owners of units in the townhouse building, those areas shall be suitably
maintained out of funds collected employing regular periodic assessment
of all owners of townhouse units in the townhouse building. The developer
of the townhouse building shall set up and provide for the perpetual
existence of management and funding of maintenance of the common areas
in connection with the townhouse building.
D.
The following regulations shall apply to multifamily dwelling in
any district where permitted:
(1)
The minimum tract size for a multifamily residential complex shall
be 20,000 square feet.
(2)
There shall be a minimum separation between multifamily buildings
on all sides of 12 feet.
(3)
At a minimum of 10% of a multifamily residential complex, the site
shall be in common open space. Common open space areas or facilities
not dedicated to public use shall be protected by legal arrangements,
satisfactory to the Planning Commission, sufficient to assure their
maintenance and preservation for whatever purpose they are intended.
Covenants or other legal arrangements shall specify the ownership
of common areas and method of maintenance.
There shall be no more than one accessory dwelling unit per
lot. Such an accessory dwelling unit shall comply with the following
standards.
A.
Location. An accessory dwelling unit may be located on the same lot
as a detached single-family dwelling unit. An accessory dwelling unit
may not be located on the same lot as a two-family dwelling, townhouse,
or multifamily dwelling.
B.
Owner occupancy. The owner of the property shall occupy the principal
unit as their primary residence, and at no time shall the owner receive
rent payments for the owner-occupied unit.
C.
Use. An accessory dwelling unit may not be used for a short-term
rental.
D.
Maximum occupancy. Occupancy is limited to no more than two persons.
E.
Design standards:
(1)
Purpose. Standards for creating accessory dwelling units address
the following purposes:
(a)
Ensure that accessory dwelling units are compatible with the
desired character and livability of residential districts;
(b)
Respect the general building scale and placement of structures
to allow sharing of common space on the lot, such as driveways and
yards; and
(c)
Ensure that accessory dwelling units are smaller in size than
the principal residential unit.
(3)
Creation. An accessory dwelling unit may only be created through
the following methods:
(4)
Location of entrances. Only one entry may be located on the front
façade of the principal dwelling facing the street unless the
principal dwelling contained additional front façade entrances
before the accessory dwelling unit was created.
(6)
Maximum size. The size of an accessory dwelling unit may be no more
than 50% of the living area of the principal dwelling or 800 square
feet, whichever is less.
(7)
Accessory dwelling units created through the addition of floor area
must meet the following standards:
(a)
The exterior finish material must be the same or visually match
in type, size, and placement, the exterior finish materials of the
principal dwelling.
(b)
The roof pitch must be the same as the predominant roof pitch
of the principal dwelling. The Planning Commission may permit a different
roof pitch if needed due to the shape of the roof on the existing
principal dwelling if it determines that the proposed roof pitch will
maintain a compatible appearance.
(c)
Trim on the edges of elements on the addition must visually
match the type, size, and location as the trim used on the rest of
the principal dwelling.
(d)
Windows must match those in the principal dwelling in proportion
and orientation.
(e)
Eaves must project from the building walls the same distance
as the eaves on the rest of the principal dwelling.
(8)
Accessory dwelling units shall have complete kitchen and bathroom
facilities separate from those of the principal dwelling.
(9)
The applicant must demonstrate that the proposed accessory dwelling
unit complies with applicable building and firesafety codes.
A.
The State of Maryland licenses the facility.
B.
No more than five residents, excluding resident staff, shall be permitted.
C.
Staff services are limited to supervision and assistance and do not
involve intensive rehabilitation and/or drug therapy services.
D.
The facility provides a minimum of one toilet and one bathtub or
shower for every four residents.
A.
Essential service facilities are permitted as a matter of right in
any district. The Planning Commission may require such uses to be
appropriately screened to minimize any adverse impacts to adjacent
residential uses and to protect the general health, safety, and welfare.
B.
The Board of Zoning Appeals may permit public utilities as a special
exception in any district. However, relay stations, storage stations,
electric substations, and buildings used or maintained for public
utilities shall be subject to compliance insofar as possible with
applicable landscape standards.
A.
Accessory uses.
(1)
Buildings, structures, facilities, and areas for housing curatorial,
administrative, educational, and operational functions related to
a maritime museum.
(2)
Wet storage and dockage of vessels by a maritime museum located on
a parcel of land, or contiguous parcels of land, having an aggregate
area of at least five acres. Dry storage of vessels shall be limited
to vessels owned, on display, or being renovated or preserved by the
museum, for which no monetary storage charge is made.
(3)
Educational seminars, demonstrations, and classes by a maritime museum.
(4)
Restoration, maintenance, storage, and display of exhibits, displays,
and artifacts related to a maritime museum.
(5)
Except as provided for by Subsection A(6), (11) and (12), sale of any article fabricated in or brought to a museum shall be made only through an indoor gift shop, outdoor booths, or the museum's visitors center. The maximum area of a museum devoted to the sale of goods (including display area, aisles, storage, and cashier area) in a museum shall not exceed 2,500 square feet.
(6)
Fund-raising activities, including auctions, crafts and art for display
and/or sale, concerts, feasts, fairs, festivals, contests of skill,
regattas, and other activities of a similar nature open to the public
at large, as well as the rental of museum land, facilities and/or
vessels, provided that such activities are:
(7)
Motor vehicle parking lots for parking of vehicles.
(8)
Structures to house custodial, security facilities related to a museum,
and equipment and materials storage.
(9)
Public information signs in connection with a museum according to standards outlined in Article XV of this chapter.
(10)
Temporary buildings and structures incidental to construction
work, complying with the requirements of the State and County Health
Departments, which buildings shall be removed upon completion or abandonment
of the construction work.
(11)
Construction, repair, maintenance, restoration and reconstruction
of wooden vessels for which a monetary charge may be made, provided
that such activities adhere to the educational mission of the museum
and are conducted in a location open to visitors of a maritime museum
and in a manner to enable visitors of a maritime museum to observe
such activities.
(12)
Sale of food and drinks for the enjoyment and convenience of visitors to a museum, other than as permitted by Subsection A(6) above, provided that all food is pre-packaged (i.e., not cooked/prepared on site) and the space for the sale of food and drinks does not exceed 600 square feet which area is included in the square footage permitted in Subsection A(5) above.
B.
General standards and limitations. The uses permitted by Subsection A and § 340-55 shall be controlled by the following standards and limitations:
(2)
Separation, screening, and buffering.
(a)
The required minimum setback from any lot line bordering the
MM District shall be 20 feet.
(b)
All uses in the MM District shall contain a landscaped buffer
area of at least 20 feet in width adjacent to any property in a residential
zone. There shall be no outside events or activities and no structure
placed or erected within such buffer.
(c)
The occupant of the MM District shall provide screening/buffering
between residential zones and the MM District. Such screening shall
be in the form of evergreen plantings, which shall, within three years
from the beginning of a museum use, provide a year-round screening
at least six feet in height.
(d)
The Planning Commission may, in place of evergreen screening,
permit earthen berms or wooden fencing six feet in height where deemed
appropriate.
(e)
Upon application by adjacent residential property owners, the
Planning Commission may waive the evergreen screening, berms, or wooden
fencing.
A.
Small solar energy system, accessory use.
(1)
General.
(a)
Small solar energy systems must comply with all applicable building
and electrical code requirements.
(b)
Owners of small solar energy systems are solely responsible
for negotiating with other property owners for any desired solar easements
to protect access to sunlight. Any such easements must be recorded.
(2)
Building-mounted small solar energy systems.
(a)
Building-mounted small solar energy systems may be mounted on
principal and accessory structures.
(b)
All applicable setback regulations apply to building-mounted
small solar energy systems. Such systems mounted on principal structures
may not encroach into a side and rear setback.
(c)
Only building-integrated and flush-mounted small solar energy
systems may be installed on street-facing building elevations.
(d)
Small solar energy systems may not extend above the existing
highest point of the roofline. See Figure 62-1.
(e)
Coverage. Roof- or building-mounted small solar energy systems
shall allow for adequate roof access to the south-facing or flat roof
upon which the panels are mounted. The surface area of pole- or ground-mount
systems shall not exceed half the building footprint of the principal
structure. See Figure 62-2.
(f)
Small solar energy systems shall be set back a minimum of one
foot from all roof edges.
(3)
Ground-mounted solar energy systems.
B.
Community and large solar energy systems.
(1)
Community and large solar energy systems shall be located in such
a manner to minimize adverse impacts to viewsheds of historic sites
and scenic corridors. If complaints regarding glare/reflection are
received by the applicant and/or the Town, within two years of installation,
these complaints shall be addressed/mitigated by the applicant to
the Town's satisfaction, and a written solution shall be submitted
to the Town for review and approval.
(2)
Community and large solar energy systems shall not be located in
any required landscape or buffer yard.
(3)
Visual impact analysis. An analysis of potential visual impacts to
adjacent properties resulting from the project, including solar panels,
roads, accessory structures, and fencing, along with a discussion
of measures to avoid, minimize, or mitigate such impacts shall be
required. A plan shall be submitted for review and approval, showing
vegetative screening, or buffering of the community and large solar
energy systems to mitigate any adverse visual impacts.
(4)
Solar panels mounted at least 24 inches above existing grade and
related rack and pile systems, fencing, landscaping, and access paths
shall be subject to a twenty-five-foot setback from perennial and
intermittent streams, nontidal wetlands, and features for which an
expanded buffer is required provided that the ground surface of or
under such components consists of natural vegetation. Additionally,
within community and large solar energy systems sites, access paths,
culverts, and roads may cross and/or be constructed within 25 feet
of perennial or intermittent streams or nontidal wetlands, provided
applicable state, and federal agencies authorize such crossings and
construction minimizes impacts to such features.
(5)
Lighting. If required, community and large solar energy systems shall
be limited to lighting activated by motion sensors and fully shielded
and downcast to prevent the light from shining onto adjacent parcels
or into the night sky.
(6)
Abandonment or useful life of the community and large solar energy
systems.
(a)
Community and large solar energy systems that cease to produce
electricity for six months shall be presumed abandoned. The applicant
may overcome this presumption by presenting substantial evidence,
satisfactory to the Zoning Inspector, that cessation of the use occurred
from causes beyond the applicant's reasonable control, that there
is no intent to abandon the system, and that resumption of use of
the existing solar energy system is reasonably practicable.
(b)
If the community or large solar energy system has been destroyed
or substantially damaged and shall not be repaired or replaced, or
repair or replacement has not commenced with due diligence, the Town
may direct the applicant to begin the decommissioning process within
60 days of the date of the incident that rendered the solar energy
system unserviceable.
(c)
The applicant shall provide to the Town an annual power production
report.
(d)
Following project abandonment (as defined above), the applicant
shall remove the community or large solar energy system and restore
the site per the approved decommissioning plan. The failure of the
applicant to remove the community or large solar energy system and
restore the site in compliance with the approved decommissioning plan
shall entitle and authorize the Town, without further notice, to abate
the violation and thereby remove the community or large solar energy
system and restore the site, the costs for which restoration shall
constitute a lien on the property to the extent not covered by the
bond requirement for decommissioning. Said claim shall be collected
in the same manner as delinquent real property taxes.
(7)
Decommissioning plan. A decommissioning plan prepared by a licensed
third party shall be required. The applicant shall be responsible
for the implementation of the decommissioning plan, which shall include:
(a)
At least 90 days before the start of construction, the applicant
shall submit a decommissioning plan to the Town for review and approval.
The decommissioning plan shall describe the responsible party or parties,
time frames, and estimated costs for decommissioning, dismantling,
and lawful disposal of all components, including cables, wiring, and
foundations below ground surface. The plan shall address site conditions
after decommissioning, including stabilization, grading, and seeding
of all disturbed areas. The plan shall maximize the extent of component
recycling and reuse, where practicable, and ensure all materials are
handled per applicable federal, state, county, and local requirements.
The applicant shall not begin construction of the community or large
solar energy system until the Town has approved the plan.
(b)
The expiration date of the contract, lease, easement, or other
agreement for installation and maintenance of the community or large
solar energy system, and shall provide for the removal of the community
or large solar energy system within 120 days following abandonment
thereof to the satisfaction of the Zoning Official.
(c)
A requirement that the operator and property owner provide written
notice to the Town whenever a community or large solar energy system
is out of active production for more than six months.
(d)
Removal of all the aboveground and underground equipment, structures,
fencing, and foundations. Subject to B(7)(f) below, all components
shall be removed entirely from the subject parcel upon decommissioning.
(e)
Removal of substations, overhead poles, and aboveground electric
lines located on site or within a public right-of-way that are not
usable by any other public or private utility.
(f)
Removal of lot coverage and access roads associated with the
community and large solar energy systems, subject to the approval
of the applicant (to include the property owner, if other than the
applicant) and Town staff.
(g)
Re-grading and, if required, placement of like-kind topsoil
after removal of all structures and equipment.
(h)
Re-vegetation of disturbed areas with native seed mixes and
plant species suitable to the area or evidence of an approved nutrient
management plan.
(i)
A recordable covenant executed by the applicant (to include
the property owner, if other than the applicant) to reclaim the site
following the decommissioning plan and associated approvals upon cessation
of the use.
(j)
A provision requiring Town approval of the decommissioning and
reclamation of the site, subject to consultation with and approval
from the appropriate state agencies having authority, such as the
Maryland Department of the Environment and the Public Service Commission.
(k)
The decommissioning plan shall be updated and resubmitted to
the Town for review and approval every five years.
(l)
The applicant for community or large solar energy system shall
provide security in the form of a bond, surety, letter of credit,
lien instrument, or other financial assurance by a financial institution,
or other alternative security in a form and amount acceptable to the
Town Commissioners to secure payment of 125% of the anticipated cost
of removal of all equipment, structures, and fencing, above or below
ground level, and any accessory structures, as well as restoration
of the site, and otherwise per the requirements of this section, subject
to the following:
[1]
The bond shall exclude all the salvage value of the improvements.
[2]
The security shall be provided before issuance of a building
permit and renewed to remain in full force and effect while the community
or large solar energy system remains in place.
[3]
The security shall require the obligor and the applicant (to
include the property owner, if other than the applicant) to provide
at least 90 days' prior written notice to the Town of its expiration
or nonrenewal. The Town Commissioners may adjust the amount of the
security as reasonably necessary from time to time to ensure the amount
is adequate to cover the cost of decommissioning, removal, and restoration
of the site.
[4]
The security shall ensure that decommissioning costs are not
borne by the state, county, and/or the Town at the end of the useful
life of the community or large solar energy system or in the event
of its abandonment. The security is subject to the approval of the
Town Commissioners, and evaluation thereof shall include the credit
worthiness and financial capabilities of the obligor(s).
Except as provided below, accessory antennas and/or antenna
towers shall comply with height limits for structures applicable to
the zoning district in which the structure is proposed.
A.
The Planning Commission shall approve communications towers and antenna
used exclusively by agencies providing law enforcement, governmental
or volunteer-operated ambulance, firefighting, and/or rescue services
without limitation as to height.
B.
Amateur (HAM) radio facilities are subject to a maximum height limit
for structures provided the structure is set back from any lot line
a distance equal to its height.
(1)
A special exception of up to 75 feet may be granted per § 340-134 if the Board of Zoning Appeals determines, based on evidence provided by the applicant that the additional height is the minimum needed to engage in amateur radio communications using the full spectrum under a license issued by the FCC.
(2)
Antennas and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely matching the
color of the supporting structure, to make the antenna and related
equipment as visually unobtrusive as possible.
(3)
Antennas and supporting electrical and mechanical equipment must
be removed when use ceases.
Subject to the following terms and conditions, small wireless
facilities shall be permitted with a special exception in all zoning
districts:
A.
An applicant desiring to install a small wireless facility in, upon,
or over private property shall provide the following information:
(1)
A technical description of the small wireless facility and support
structure along with detailed diagrams accurately depicting all components
and equipment;
(2)
A detailed description of the design, location, and installation
time frame for the small wireless facility and any support structure;
(3)
An engineering certification;
(4)
A statement describing the applicant's intentions concerning collocation,
if applicable, with co-location being preferred and more favorably
viewed;
(5)
A statement demonstrating the applicant's ability to comply with
all applicable safety standards;
(6)
If the applicant is not the owner of the subject property, an executed
attachment agreement with the property owner;
(7)
A decommissioning plan; and
(8)
Such other information as the Planning Commission and/or Board of
Zoning Appeals may require.
B.
All small wireless facilities shall be located, designed, and operated
in accordance with all applicable local, state, and federal laws and
regulations and to minimize the visual impact on surrounding properties
to the maximum extent practicable and shall otherwise comply with
such requirements and conditions as the Planning Commission and/or
Board of Zoning Appeals may deem appropriate to impose.
C.
Small wireless facilities shall not be located in an area where there
is an over-concentration of small wireless facilities.
D.
The location selected, and the scale and appearance of the small
wireless facility shall be consistent with the general character of
the neighborhood.
E.
Small wireless facilities located in a residential zoning district
shall not generate any noise.
F.
If located in the Historic District, the small wireless facility
shall be subject to Historic District Commission review and approval.
G.
Support structures shall comply with the building setback provisions
of the applicable zoning district. Also, the minimum setback distance
from the ground base of any new support structure to any property
line, sidewalk, street, or public recreational area shall be the height
of the support structure, including any antennae or other appurtenances.
This setback is considered a "fall zone."
H.
The height of any new support structure, including any antennae or
other appurtenances, shall not exceed the average height of the existing
streetlight poles or utility poles within the area extending 500 feet
in any direction from the proposed support structure.
I.
A small wireless facility and/or support structure shall be lighted
only if required by the Federal Aviation Administration. The lighting
of equipment shelters and other facilities on site shall be shielded
from other properties.
J.
If metal, the support structure must be treated or painted with non-reflective
paint and in a way to conform to or blend in with the surroundings.
K.
The small wireless facility and support structure shall be used continuously
for wireless communications. In the event the small wireless facility
and support structure ceases to be so used for six months, the Board
of Zoning Appeals may revoke any special exception approval granted
pursuant to this section. The individual or entity to whom such approval
has been granted shall be responsible for removing the small wireless
facility and any support structure within 45 days following such revocation.
Any portion of the small wireless facility and/or support structure
which has not been removed within 45 days following such revocation
shall be considered abandoned and may be removed and disposed of by
the Town, with all such costs to be the sole responsibility of the
individual or entity to whom the special exception was granted.
L.
In addition to the other criteria required for special exceptions,
the Planning Commission shall not provide a favorable recommendation
for, and the Board of Zoning Appeals shall not approve, an application
for a small wireless facility when, in its sole judgment, sufficient
capacity no longer exists for additional small wireless facilities
to be placed in the proposed location without jeopardizing the physical
integrity of other small wireless facilities, support structures,
or other utilities already present in the proposed location.
The regulations of this section shall apply to adult-oriented businesses in the GC Gateway Commercial Zoning District. All aspects of matters not governed by the following provisions of this section shall be governed by all other applicable provisions of the Town Code. Adult-oriented businesses are regulated under Chapter 75, Adult-Oriented Businesses, of the Town Code. See Chapter 75 for definitions relating to adult-oriented businesses applicable to this section, other than the definition of "adult-oriented business," which is in § 340-11.
A.
In addition to any design criteria generally applicable to a use
in the GC Gateway Commercial Zoning District, including but not limited
to any buffer, buffer yard, and setback requirements, an adult-oriented
business must meet the following setback criteria:
(1)
No portion of a building or structure in which an adult-oriented
business is located (the "AOB structure") shall be within 400 feet
of the closest boundary of a parcel containing a school, place of
worship, park or recreation facility, including but not limited to
a YMCA or community center, day-care center, family or day-care center
or group home.
(2)
No portion of an AOB structure shall be within 400 feet of the boundary
of any parcel in a residential zoning district or 475 feet of the
closest portion of any building or structure located within a nonresidential
zoning district used principally as a residential dwelling.
(3)
No portion of an adult-oriented business structure shall be less
than 5,000 feet from the closest portion of any other building or
structure containing an adult-oriented business.
(4)
No portion of an adult-oriented business structure shall be less
than 500 feet from the closest portion of any building or structure
where alcoholic beverages are sold for on-premises consumption.
B.
Application.
(1)
The owner/operator of an adult-oriented business shall submit an application to the Zoning Inspector per Chapter 75, Adult-Oriented Businesses, of the Town Code, which includes a site plan that, in addition to those items required by Chapter 110, Site Plan Review, of the Town Code contains and depicts all of the information necessary to determine compliance with this chapter and Chapter 75 of the Town Code.
(2)
Compliance with the requirements of Subsection B(1) above shall be determined as of the date of submittal of an application, and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for or, if no application is necessary, made after the date of submittal of an application shall be of no effect and shall not be given any consideration in determining compliance with the requirements of Subsection B(1) hereof.
C.
Exterior requirements.
(1)
The exterior parking areas, except at any driveway of ingress or
egress, shall be screened by a permanent solid fence, wall, or berm
in association with a planted area with trees and shrubs on each side
of the property that is adjacent or potentially adjacent to another
business or property other than a public road. The exterior of such
a wall and the planted area shall be maintained. Such a fence, wall,
or berm shall be at least five feet in height.
(2)
Surveillance devices shall be maintained in a manner to permit continual
surveillance from a manned management station of the exterior areas
of the lot(s) or parcel(s) on which the adult-oriented business is
operating.
D.
Site plan required.
(1)
Before the issuance of a building permit or a license for an adult-oriented business, an adult-oriented business shall submit a site plan to the Planning Commission in accordance with Chapter 110, Site Plan Review, of the Town Code.
(2)
When any change is proposed to an adult-oriented business that affects an item required to maintain compliance with this section or the provisions of Chapter 75, Adult-Oriented Businesses, of the Town Code, a revised site plan shall be submitted to the Planning Commission for approval before any such change.
E.
Outdoor advertising signs. All outdoor advertising signs shall comply with the requirements of Article XV of the Town Code. No exterior sign or sign visible from the exterior of any building or structure shall contain adult entertainment or material, as those terms are defined in Chapter 75, Adult-Oriented Businesses, of the Town Code.
F.
Inspections.
(1)
Periodic inspections. The Zoning Inspector or his authorized designee
shall periodically inspect the premises of every adult-oriented business
to ensure compliance with this chapter.
(2)
Entry. The Zoning Inspector, or his duly authorized designees shall
exhibit proper credentials upon request. He or she may enter any adult-oriented
business to enforce the provisions of this chapter without the consent
of the owner, operator or occupant at any time during business or
operating hours, and at such other times as may be necessary for any
situation reasonably believed to pose an immediate threat to life,
property or public safety.
A.
All medical care and boarding must be conducted within a completely
enclosed principal building.
B.
Biohazard and/or medical waste must be disposed of pursuant to the
medical waste disposal regulations of the Occupational Safety and
Health Administration.
C.
The treatment of animals must be primarily limited to small companion
animals.
Community piers and noncommercial boat docking and storage shall
comply with provisions of COMAR 27.01.03.07.
A.
Day-care centers are permitted in the RG, CC and GC Districts and
may be permitted as a special exception by the Board of Zoning Appeals
in the R-3 Districts.
B.
A day-care center, nursery school, prekindergarten or preschool may
be permitted as a special exception by the Board of Zoning Appeals
in the R-1 District subject to the following conditions:
(1)
The facility is State-licensed.
(2)
The facility contains no more than 1,500 square feet of floor space.
In calculating the square footage of floor space, the following may
not be included: any floor space, rooms, or areas that are not available
for the daily program activities of the children, such as columns,
vestibules and corridors, food preparation areas, kitchens, bathrooms,
adult work areas, permanently equipped isolation areas or sleeping
rooms, storage units, and storage space.
A.
Outdoor seating areas in the CC, HR, and GC Districts are permitted
subject to the following conditions:
[Amended 2-10-2021 by Ord. No. 519]
(1)
An outdoor seating area shall exist only in conjunction with indoor
seating that is under the same management, which operates the indoor
and outdoor seating as a single business.
(3)
Customers in an outdoor seating area shall be seated at tables.
(4)
An outdoor seating area with more than two tables or eight seats
shall provide table service.
(5)
An outdoor seating area shall not include an outdoor bar.
(6)
Customers in the outdoor seating area shall have access to the same
indoor toilets as do customers seated indoors; portable toilets shall
not be permitted.
(7)
An outdoor seating area shall not be open for business during hours
when the indoor restaurant is closed for business.
(8)
No part of any outdoor seating area shall be within 50 feet of a
residential use.
B.
Outdoor seating areas in the MC District not in conjunction with
indoor seating are permitted subject to the following conditions:
(1)
Customers in an outdoor seating area shall be seated at tables.
(2)
An outdoor seating area with more than two tables or eight seats
shall provide table service.
(3)
Customers in the outdoor seating area shall have access to indoor
toilets; portable toilets shall not be permitted.
(4)
No part of any outdoor seating area shall be within 50 feet of a
residential zoning use.
C.
Restaurants/cafés with outdoor dining abutting a public sidewalk.
General requirements:
(1)
An outdoor dining area, accessory to a restaurant/café, which
abuts a public sidewalk may only be permitted in those zoning districts
where restaurants and cafés are otherwise permitted.
(2)
The Town shall issue a permit for the above noted outdoor dining.
(4)
All chairs, benches, tables, and service operations shall not extend beyond the privately-held property on which the business is located and shall not extend into the pedestrian corridor as defined in Chapter 285 of the Town Code.
(5)
No alcohol of any type may be served on public property or in violation
of any license issued by the Talbot County Board of License Commissioners.
Violation of this condition shall result in immediate termination
of the use of the property for outdoor dining and sidewalk use permit.
(6)
The authority to grant, renew, revoke, or deny a permit for outdoor
dining abutting a public sidewalk rests with the Zoning Inspector.
(7)
The duration of the permit shall be 365 days.
(8)
No structure or enclosure to accommodate the storage of trash or
garbage shall be erected or placed on, adjacent to, or separate from
the outdoor dining area on the public sidewalk or right-of-way. Outdoor
dining areas shall always remain clear of litter.
(9)
The hours of operation of the outdoor dining area shall be limited
to the hours of operation of the associated restaurant.
(10)
Enforcement of these provisions is governed by the St. Michaels
Police Department and/or Zoning Inspector.
Bed-and-breakfast use is subject to the following conditions:
A.
The principal dwelling unit is the permanent residence of the owners
of the property or the resident manager. The Planning Commission shall
allow the dwelling unit for the owner or resident manager of the B&B
to be in a separate structure from the guest rooms, located on the
same lot or parcel of land provided all other zoning requirements
are met.
B.
Where the dwelling unit exists in a separate structure from some
or all of the guest rooms, a structure with four or more guest rooms,
no dwelling unit, and a common dining area for guests may include
a kitchen to be used by management in the preparation of breakfast
for guests between the hours of 6:00 a.m. and 10:30 a.m. This kitchen
shall not be accessible to guests.
C.
No more than eight guest rooms;
D.
At least one full bathroom per two guest rooms. Bathrooms must be
for the exclusive use of the occupants of the guest rooms and shall
be accessible from each guest room without going through another guest
room or sleeping room.
E.
Each guest room and guest facility within a structure shall be accessible
from all other guest rooms and guest facilities within the same structure
without exiting the structure or resorting to exterior stairs.
F.
A B&B may provide breakfast (but not other meals) in exchange
for compensation only to occupants of the guest rooms.
G.
A B&B shall contain no substantial food storage or preparation
facilities in any guest room. It shall not permit occupants of guest
rooms to prepare meals upon the premises. However, accessory appliances
such as a mini-refrigerator, coffee maker, and/or microwave oven solely
for the convenience of the occupants may be provided in guest rooms.
H.
The commencement of the use of a B&B shall constitute a new or
different use requiring an occupancy permit from the Town.
I.
Accessory uses.
(1)
Accessory uses may include the leasing of part or all of the premises
(exclusive of the owner or resident manager's dwelling as required
in this chapter) for weddings, wedding receptions, family reunions,
business activities, and other events similar in nature (hereinafter,
"event packages"). Such event packages must be part of a contract
for services which shall include the rental of at least one sleeping
room and shall not constitute a separate commercial use. Event packages
permitted to be sold by this section shall be subject to the following
requirements:
(a)
Events resulting from the sale of event packages (events) and
all sales related to it shall be contracted by a guest of the B&B
and shall include, at a minimum, the rental of at least one sleeping
room in the B&B.
(b)
Attendance at events shall be limited to the maximum occupancy
numbers permitted by the Talbot County Fire Marshal or 50 persons,
whichever is less.
(c)
Food and beverages shall be consumed on the premises during
the event.
(d)
All services associated with the event and all goods used or
consumed during the event shall be made a part of the event package
contract. There shall be no cash bar or other goods, or services sold
directly to the event attendees or any direct retail sales outside
of the event package.
(e)
The premises so leased shall not include the owner or resident
manager's dwelling unit.
(g)
All items and services sold as part of an event package shall
be subject to all required federal, state, and local permits.
(h)
Commercial vehicles related to the services associated with
events shall not park on the street except to unload and load equipment
and supplies.
(i)
The kitchen(s) may be used to prepare food served at the event.
(2)
Limited sale of items related to the establishment and solely for
purchase by guests, e.g., coffee cups, tee shirts, and the like bearing
the name or logo of the bed-and-breakfast, is permitted.
[Amended 2-10-2021 by Ord. No. 519]
A hotel or motel is permitted in the WD, CC, MC, and GC Districts
subject to the following conditions:
A.
The owner shall comply with the licensing, food storage, and preparation
guidelines outlined in COMAR 10.15.03.
B.
The length of stay shall not exceed 30 days within any 90 days.
C.
The facility shall contain a registration area. It shall be staffed
24 hours a day with at least one individual who has the authority
to accept, reject, oversee the conduct of, and expel guests to maintain
order.
D.
If the facility offers package services for weddings, wedding receptions,
family reunions, business activities, conferences, and other events
similar in nature (hereinafter, "event packages") as accessory uses:
(1)
Events resulting from the sale of event packages shall be contracted
by a guest of the facility and shall include, at a minimum, the rental
of at least one sleeping room in the hotel;
(2)
Attendance at events shall be limited to the maximum occupancy numbers
permitted by the Talbot County Fire Marshal; and
(3)
Food and beverages shall be consumed on the premises during the event.
E.
Establishments may include a restaurant open to the public.
Vacation cottages used for short-term rentals.
A.
The purpose for the section is to provide for the adaptive reuse
of existing small single-family detached dwellings of the type traditionally
indigenous to the Town; to create an economic incentive to preserve
and perpetuate such dwellings, to discourage them from being either
demolished or remodeled and enlarged beyond recognition; and to help
thereby to perpetuate the Town's character and history while providing
accommodations for tourists.
B.
A vacation cottage as herein defined, for which the Town has issued
a current and valid license, may be rented by the owner thereof in
exchange for compensation as a public accommodation for short-term
rentals. The premises shall meet all the following terms and conditions,
as determined by the Zoning Inspector after reviewing the application
for such licensure:
(1)
A vacation cottage shall consist of an existing principal structure
located on a single lot or parcel of land (collectively the "premises").
(2)
The lot or parcel of land shall be a lot of record.
(3)
The principal structure shall:
(a)
Located in the Historic District;
(b)
Be a single-family detached dwelling constructed in or before
1945;
(c)
Be the only structure on the lot used for human habitation;
(d)
Contain no more than 1,400 square feet of interior space. Interior
floor area of the original dwelling unit may be expanded by not more
than 5% from its original square footage, provided any such expansion
is not visible from a public way; the addition is not destructive
to the integrity of the historic resource, and the expanded total
interior floor area does not exceed 1,400 square feet;
(e)
Contain no more than two bedrooms and/or sleeping rooms; and
(f)
Contain beds and other sleeping facilities for no more than
four persons, excluding cribs and other sleeping facilities for children
under 18 months of age.
(5)
The maximum number of people permitted to be on-site for occupancy
purposes is limited to two persons per bedroom.
[Amended 2-10-2021 by Ord. No. 519]
A.
Short-term rentals are permitted in the CC District subject to the
following:
(1)
Except as provided in Subsection B below, all units are located above the first floor in a principal building;
(2)
The Town has issued a short-term rental license;
(3)
The maximum number of people permitted to be on-site is limited to
two persons per bedroom;
(4)
The owner of the short-term rental property is responsible for payment
of any applicable sales or accommodation taxes, e.g., the Maryland
Sales Tax and the Talbot County Accommodation Tax; and
(5)
All applications require an onsite inspection to verify compliance
with all applicable building, fire, and safety codes.
B.
An existing single-family dwelling may be used as a short-term rental
subject to the following criteria.
(1)
The Town has issued a short-term rental license.
(2)
The existing principal structure is located on a single lot or parcel
of land (collectively the "premises").
(3)
The lot or parcel of land shall be a lot of record.
(4)
The principal structure shall:
(a)
Be a single-family detached dwelling constructed in or before
1945;
(b)
Be the only structure on the lot used for human habitation;
(c)
Contain no more than 1,400 square feet of interior space; and
(d)
Contain beds and other sleeping facilities for no more than
four persons, excluding cribs and other sleeping facilities for children
under 18 months of age.
(5)
The principal use of the premises and principal structure shall be
only a place of public accommodation for short-term rental.
(6)
The maximum number of people permitted to be on-site for occupancy
purposes is limited to two persons per bedroom.
(7)
The short-term rental property owner is responsible for payment of
any applicable sales or accommodation taxes, e.g., the Maryland Sales
Tax and the Talbot County Accommodation Tax.
(8)
All applications require an on-site inspection to verify compliance
with all applicable building, fire, and safety codes.
Non-accessory or commercial parking, including parking garages,
may be permitted as a special exception in the WD and MC Districts
subject to the following conditions:
A.
They are located on a lot at least one acre in size; and
B.
They are set back at least 30 feet from adjacent property used for
residential purposes; and
C.
They are set back at least 20 feet from adjacent property used for
commercial purposes; and
D.
No vehicle entrances or exits face immediately adjacent residential
property.
Fueling stations may be permitted as a special exception in
the GC District subject to the following conditions:
A.
Setbacks.
B.
Protective curb.
(1)
All landscaped areas must be protected by a raised curb at least
six inches in height or by a bumper guard of not more than 18 inches
in height.
(2)
Protective curbing at least six inches in height must be provided
along the edges of all areas accessible to motor vehicles upon adjacent
property or street rights-of-way, except that provision may be made
for cross-access to abutting commercial development.
Facilities for repair and maintenance of personal motor vehicles
are permitted in the GC District subject to the following conditions:
A.
Repair and service activities must be conducted within a completely
enclosed building.
B.
No outdoor storage is allowed, except for customer vehicles waiting
to be repaired or waiting for pickup.
C.
All repair and maintenance activities must be screened with a solid
fence or wall approved by the Planning Commission with a minimum height
of six feet and a maximum height of eight feet.
A contractor's shop, including office, are permitted in the
SLC and GC Districts subject to the following conditions:
A.
All services, storage functions, and work areas are conducted within
a completely enclosed building or a fenced or screened yard area that
assures no visible evidence of such services, storage, and work area
functions from Talbot Street.
B.
Outside storage or work areas shall be screened on all sides by a
solid, opaque wooden or brick wall not greater than eight feet in
height. No variance shall be required for fences serving such screening
functions. Chain link fencing shall not be used as a fencing material
to satisfy screening requirements.
A.
Hold an appropriate license issued by the State and the County Board
of Liquor License Commissioners that allows the production of beer,
wine, or liquor and operates consistent with the applicable license(s).
B.
Tasting rooms and on-site sales and consumption are permitted as
accessory to on-site production operations and facilities. Products
offered in tasting rooms and for on-site sales and consumption may
only be supplied from the related production facilities.
A.
The Town recognizes the desire and/or need of some citizens to use
their residence for business activities to reduce travel and to provide
another economic development tool, but also recognizes the need to
protect the surrounding areas from adverse impacts generated by these
business activities. The standards in this section ensure that the
home occupation remains subordinate to the residential use and that
the residential character of the dwelling unit is maintained. The
standards recognize that many types of jobs can be done in a home
with little or no effects on the surrounding neighborhood.
B.
There are two types of home occupations, Type 1 and Type 2. Uses
are allowed as a home occupation only if they comply with all the
requirements of this chapter. The Zoning Inspector shall determine
whether a proposed home occupation is a Type 1 or Type 2.
(1)
Type 1. A Type 1 home occupation is one wherein the residents use
their home as a place of work; however, no employees or customers
come to the site. A Type 1 home occupation shall be permitted in all
zoning districts.
(2)
Type 2. A Type 2 home occupation is one where either one employee
(residing outside of the dwelling) or customers/clients come to the
site. Examples are home day-care services, counseling, tutoring, and
other such instructional services.
C.
General requirements:
(1)
No article or commodity may be offered for sale or be publicly displayed
on the premises except that incidental to the service offered.
(2)
The living quarters must occupy at least 2/3 of the entire building
area.
(3)
Type 1 home occupation entails no off-street parking space requirement
in addition to the residential use.
(4)
A use consisting of a dwelling and one or more guest rooms is not
a home occupation but is a principal use.
D.
Permitted home occupations. Examples of permitted home occupations
include, but are not necessarily limited to, the following:
(1)
Offices for such professionals as, but not limited to, architects,
brokers, counselors, clergy, doctors, draftspersons and cartographers,
engineers, land planners, insurance agents, lawyers, real estate agents,
accountants, editors, publishers, journalists, psychologists, contract
management, graphic design, construction contractors, landscape design,
surveyors, cleaning services, salespersons, manufacturer's representatives,
and travel agents.
(2)
Instructional services, including music, dance, art, and craft classes.
(3)
Studios for artists, sculptors, photographers, and authors.
(4)
Workrooms for tailors, dressmakers, milliners, and craft persons,
including weaving, lapidary, jewelry making, cabinetry, and woodworking.
E.
The Board of Zoning Appeals may permit a Type 2 home occupation as
a special exception in the residential districts provided that such
use shall conform to the following standards which shall be the minimum
requirements:
(1)
Operational standards.
(a)
Conditions of approval established by the Board of Zoning Appeals
shall specify the hours of operation, the maximum number of customer/client
visits that may occur in any one day, and the maximum number of customers/clients
that can be present during hours of operation.
(b)
A Type 2 home occupation shall have no more than one nonresident
employee and one customer on the premises at any one time. The number
of nonresident employees working at other locations other than the
home occupation is not limited.
(c)
Type 1 home occupations are not required to provide any additional
parking beyond what is required for residential use. Type 2 home occupations
shall provide two hard-surfaced, dust-free parking areas.
(d)
The equipment used by the home occupation and the operation
of the home occupation shall not create any vibration, heat, glare,
dust, odor, or smoke discernible at the property lines. They shall
not generate noise exceeding those permitted by State Code and the
St. Michaels Code. Nor shall they create electrical, magnetic, or
other interference off the premises, consume utility quantities that
negatively impact the delivery of those utilities to surrounding properties,
or use/or store hazardous materials above the quantities permitted
in a residential structure.
A property owner or tenant may rent and use a portable storage
container provided the following conditions are met:
A.
The Zoning Inspector shall be notified at least three business days
before placing the storage container on the site.
B.
A portable storage container shall be located at the address for
a maximum of 60 consecutive days, including the days of delivery and
removal. Extensions may be granted by the Zoning Inspector, subject
to conditions, for reasonable additional periods in an amount not
to exceed 30 days for each extension.
C.
The unit is no larger than eight feet wide by eight feet high by
16 feet long.
D.
The unit is not located within any public right-of-way. It shall
not block any public sidewalk unless there is no alternative on-site
location and if authorized by the Zoning Inspector.
E.
There is no more than one portable storage container for any address
at any one time.
F.
The container shall not be located in the front setback unless approved
by the Zoning Inspector. If access exists at the side or rear of the
site, the container shall be located in a side or rear yard.
G.
Portable storage containers shall be placed on an impervious surface
where feasible (e.g., driveway).
H.
The portable storage container shall be used for the temporary storage
of household goods and related items only. The portable storage container
may not be used for waste.
I.
On townhouse or multifamily properties, placement of the portable
storage container must be approved by an appropriate management or
ownership entity to ensure safe and convenient access to required
parking spaces, driveways, and pedestrian pathways and to ensure that
the storage container does not obstruct emergency access or infringe
on required landscaped areas.
J.
Portable storage containers are not permitted accessory structures
and shall not be used as such.
A roll-off trash container may be temporarily placed on a property
in a residential district provided the following conditions are met:
A.
The Zoning Inspector shall be notified at least three business days
before placing the roll-off trash container on the site.
B.
A roll-off trash container shall be located at the address for a
maximum of 30 consecutive days, including the days of delivery and
removal. Extensions may be granted by the Zoning Inspector, subject
to conditions, for reasonable additional periods in an amount not
to exceed 30 days for each extension. The Planning Commission may
grant further extensions not to exceed six months.
C.
The unit has a maximum capacity of 40 cubic yards or is no larger
than eight feet wide by eight feet high by 16 feet long.
D.
There is no more than one roll-off trash container for any address
at any one time.
E.
The unit is not located within any public right-of-way and does not
block any public sidewalk unless approved by the Zoning Inspector.
F.
Roll-off trash containers shall be placed on an impervious surface
(e.g., driveway) where feasible.
G.
The roll-off trash container is used only for the disposal of acceptable
waste. Examples of waste that are not acceptable include refrigerators,
a/c units, tires, batteries, car parts, hazardous waste, and gas or
propane tanks.
H.
On townhouse or multifamily properties, placement of the roll-off
trash container must be approved by appropriate management or ownership
entity to ensure safe and convenient access to required parking spaces,
driveways, and pedestrian pathways and to ensure that the storage
container does not obstruct emergency access or infringe on required
landscaped areas.
I.
Roll-off trash containers are not permitted accessory structures
and shall not be used as such.
A.
Temporary structures, construction.
(1)
Temporary buildings and structures to house education, training,
or festival activities, including trailers for uses incidental to
construction work are permitted. Such use shall have a definite completion
date and shall be removed upon the completion or discontinuance of
construction or one year, whichever comes first.
(2)
At the request of the property owner, the Planning Commission may
extend approval for a temporary building or structure for up to two
additional six month periods upon a determination of good cause.
(3)
Such structure shall be subject to all applicable zoning district
standards for the district in which it is located except coverage
limitations.
(4)
Trailers, shelters, or the buildings shall not be used for living
or sleeping.
B.
Temporary use, sales. One trailer or the use of one building as a
temporary field or sales office in connection with building development
is permitted. The temporary sales trailer shall be removed at the
point in time when all the residential lots have been sold, and the
sales office is closed. Neither the trailer nor the building shall
be used for living or sleeping other than for overnight security purposes.
C.
Temporary use, emergency. Temporary buildings, structures, and uses
needed as the result of a natural disaster or other health and safety
emergencies for the duration of the emergency are permitted.
D.
Tents.
[Added 11-29-2022 by Ord. No. 536]
(1)
Tent
uses permitted as specified in table:
|
Tent Use
|
Duration
|
|---|---|
|
Private events
|
7 days including setup and breakdown
|
|
Exempt: Waterfront Development (WD) zone
| |
|
Public events
|
Duration of the event. Shall be based on public event permit
approved by Commissioners.
|
|
Over existing outdoor dining areas
|
April 1 to October 31 — Requires annual permit
|
(2)
Tents
cannot be placed in parking areas unless as approved under a public
event permit.
(3)
Annual
permits for tents over outdoor dining areas requires Fire Marshall
approval and Historic District Commission approval.
(4)
Tents
for private events longer than seven days require Planning Commission
approval.
(5)
In
the Waterfront Development (WD) Zone, tents are not required to be
taken down within seven days following an event; provided that the
tent is located over a hardscaped surface and is generally screened
from view from Talbot Street.
A.
Operational standards and restrictions. Uses permitted within this
zoning district shall be controlled by the following general standards
and limitations:
(1)
No business shall be open to the public earlier than 7:00 a.m. or
later than 10:00 p.m. except a café/bakery/coffee shop which
may open as early as 5:00 a.m.
(2)
Retail outlets not associated with craft workshops and artists' studios
with associated retail sales are limited to 50% of the total square
footage of those structures located on each parcel within the HR District.
(3)
No single commercial use shall generate more than an average of five
truck deliveries and/or pickups per day.
(4)
Loading and unloading of trucks shall be done on private property
in as much as possible and within areas screened from the view of
neighboring residences and public ways by natural plantings or decorative
screening at least eight feet in height. No variance shall be required
for fences serving such decorative screening functions.
(5)
Outdoor seating areas associated with any use in the HR shall comply with the provisions of Chapter 285, Streets, Sidewalks and Alleys, of the Town Code.
(9)
For enforcement of Chapter 216, Noise, of the Town Code, the HR District shall be considered the same as the surrounding residential area.
(10)
Each use shall have a separate, exclusive, and well-defined
space for occupancy and operation, either by lease, deed, or similar
document. Driveways, loading and unloading areas, parking areas, and
means of ingress and egress may be used in common with other occupants
or users within the HR District.
(11)
No use or combination thereof shall cause a pattern or flow
of traffic, which is inconsistent with or destructive of the character
and fitness of the neighborhood and zone for residential use.
B.
Height, setback, yard, lot coverage, and impervious surface restrictions:
(1)
Structure height limits are those set out in § 340-104 except that any existing structure shall not be considered a nonconforming structure. Existing structures may be maintained, repaired, renovated, and/or, in the event it is totally or partially destroyed, may be reconstructed in the same place and to the same dimensions as such structure previously existed.
(2)
Development standards. For new projects or substantial reconstruction
or renovation, lot coverage (structures and impervious surface), and
setback/yard requirements shall be established for each project by
the Planning Commission. In determining these requirements, the Planning
Commission shall consider such factors as the proposed intensity of
the project, the existing character of the neighborhood, and the current
area and bulk conditions.
Uses permitted in the SLC District shall be controlled by the
following standards and limitations:
A.
Except for loading and unloading of vehicles, no business activity
shall take place outside of an enclosed building.
B.
No single commercial use shall generate more than three truck deliveries
and/or pickups per day by vehicles having 10 or more wheels.
C.
Loading and unloading of trucks shall be done on private property
in areas screened from view from neighboring residences and public
ways by natural plantings or decorative screening at least eight feet
in height. No special exception shall be required for fences serving
such screening function.
D.
Open storage of refuse, debris, or garbage is prohibited.
G.
Noise levels for all uses shall conform to the standards set in COMAR Title 26, Subtitle 02, Chapter 03, and Chapter 216, Noise, of the Town Code.
H.
No use or combination of uses shall cause a pattern or flow of traffic,
which is inconsistent with or destructive of the character and fitness
of adjacent residences, neighborhoods, and zoning districts for residential
use.
Parking areas will be located to the side and rear of the parcel
except handicapped parking, which may be located near the main entrance
of the building.
A.
Generally. It shall be unlawful for any owner or occupant to place,
deposit, or maintain outdoor storage on any premises or property except
as permitted in this chapter.
B.
Outdoor display by retail uses. Retailers of both new and used merchandise
shall be permitted to display outdoors. The following conditions shall
apply to the display of merchandise outdoors:
(1)
Display of merchandise must be set back 10 feet from all property
lines;
(2)
No merchandise may be placed on a public sidewalk;
(3)
All merchandise shall be located within the confines of the retailer's
owned or leased property;
(4)
No merchandise may be placed on landscaping, within three feet of
either side of a working doorway or 10 feet directly in front of a
working doorway;
(5)
Merchandise shall not be placed in a designated sight triangle or
in any location which would impair a driver's view of a street;
(6)
Merchandise shall be displayed and maintained in a neat, clean, tidy,
and orderly manner;
(7)
Temporary parking lot sales shall be a permitted use in commercial
districts if the sales are conducted as an extension from a permanent
structure containing a retail business. Also, minimum off-street parking
requirements must be maintained, as well as any other provisions of
this chapter. This section shall not be construed to allow a sub-lessee
to occupy a parking lot to conduct independent sales activity;
(8)
The size of the outdoor display area for secondhand goods or merchandise
shall be limited to 10% of the total indoor gross floor area of the
business (excluding accessory buildings, as allowed by this chapter)
and in no event shall exceed 100 square feet;
(9)
No secondhand goods or merchandise shall be displayed or stored or
otherwise left outdoors during non-operating hours of the business;
(10)
This section shall not apply to the sale of motor vehicles,
trailers, or boats.
C.
Outdoor storage in equipment rental businesses. Storage areas shall
be fully screened from view from adjacent properties by an approved
treatment that may include building placement, walls, fencing, and
landscaping. Such storage areas shall not be located in the front
setback or buffer area.
D.
Outdoor storage in industrial districts. Outdoor storage in any industrial
district shall be allowed. Outdoor storage shall be screened with
a visual barrier approved by the Planning Commission that adequately
conceals material from the view of residential areas or public rights-of-way.
Outdoor storage shall be behind required front setbacks.
(1)
All outdoor storage facilities for manufacturing equipment, fuel,
raw materials, subassemblies, finished goods, and defective or repairable
goods shall be enclosed by an opaque fence or other appropriate treatment.
Such a fence or treatment shall be adequate to conceal such facilities
from an adjacent property. Acceptable barriers include opaque fencing,
berming, or other landscape treatment. Chain -link fencing with slats
for screening is prohibited.
(2)
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground. Tanks or drums or fuel directly connected
with heating devices or appliances located on the same site as the
tanks or drums of fuel are excluded from this provision as well as
liquefied and gaseous noncombustible materials.
(3)
The Planning Commission may grant a waiver to screening requirements
for outdoor storage upon approval of a site plan. The exception shall
be based on a visual analysis of the site and proposed development
identification of unusual topographic or elevation conditions, strategic
design treatment, and demonstration that the strict enforcement of
screening is not practical. Views into the site will determine the
amount and location of landscaping.
After the effective date of this chapter, any use established
extended or changed and any building, structure, or tract of land,
developed, constructed, or used for any permitted use or accessory
use in the use category "Industrial" shall comply with all of the
applicable performance standards herein set forth.
A.
All aspects of any industrial use shall be permitted and approved
as applicable by any federal, state, or county agency or department
with jurisdiction and/authority and shall continuously operate as
provided by any applicable federal, state, or county regulations or
standards.
B.
All manufacturing, and processing shall occur within a closed, controlled
building environment.
C.
Noise levels for all industrial uses shall conform to the standards set in COMAR Title 26, Subtitle 02, Chapter 03, and Chapter 216, Noise, of the Town Code.
D.
Air quality shall conform to the requirements of COMAR Title 26,
Subtitle 11.
E.
Any industrial use or activity producing humidity in the form of
steam or moist air, heat, or glare shall be carried on in such a manner
that the humidity, heat, or glare is not perceptible at any lot line.
Detailed plans for the elimination of humidity, heat, or glare may
be required before the issuance of a building permit.
F.
No vibration, as measured at the lot line, is permitted, which is
discernible by the human sense of feeling for three minutes or more
duration in any one-hour period.
G.
No emission of particulate matter, a sulfur compound, carbon monoxide,
hydrocarbon, nitrogen oxide, and open burning shall be allowed more
than regulations adopted by the Maryland Department of the Environment.
H.
All sources of ionizing radiation shall be registered or licensed
by the Maryland Department of the Environment and operated in accordance
with their regulations.
I.
Any electrical radiation shall not adversely affect, at any point,
on or beyond the lot line, any operation or equipment, other than
those of the creation of the radiation. Avoidance of adverse effects
from electrical radiation by appropriate single or mutual scheduling
of operations is permitted.
J.
No waste material or refuse shall be dumped upon, or permitted to
remain upon, any part of the property outside of the buildings. All
waste shall be disposed of per the regulations of the Maryland Department
of the Environment.
K.
No chemical, substance, product, or activity shall be used, stored
or located on the premises in such a way as to produce or cause a
harmful or offensive odor or fumes to be emitted outside of the building
in which it is used, stored or located.
[Added 5-10-2023 by Ord. No. 543]
Emergency services access.
A.
The requirement
for a fire apparatus access road shall apply to any new commercial
development outside the Historic District that is in excess of 10,000
square feet in size.
B.
A fire
apparatus access road must:
(1)
Be
at least 20 feet wide;
(2)
Have
a vertical clearance of at least 13 feet six inches;
(3)
Be
designed to withstand the imposed load of a fire truck apparatus as
approved by the Town's Engineer in consultation with the Town Fire
Department or County Emergency Services Department;
(4)
Be
designed as an all-weather surface;
(5)
Have
a turning radius adequate to permit fire truck apparatus to negotiate
any turns;
(6)
Have
no dead-end access road greater than 150 feet without adequate turnarounds;
(7)
Provide
access to all sides of the building; and
(8)
Be
within 50 feet of at least one exterior door of the building which
door is able to be opened from the outside and provides access to
the interior of the building.
C.
All covered
or underground parking ceilings must be at least 10 feet six inches
high to allow ingress and egress of emergency vehicles.
