Certain uses may be permitted in the various zoning districts
shall be subject to performance standards as specified by this chapter.
These include:
A. Accessory uses.
(1)
The square footage of the footprint of an accessory structure
shall not exceed 50% of the footprint of the principal structure.
(2)
Except as herein provided in Article
IX, no accessory structure shall project beyond a required yard line along any street.
(3)
An ornamental fence or wall not more than 3 1/2 feet in
height may project into or enclose any required front or side yard
to a depth from the street line equal to the required depth of the
front yard. Ornamental fences or walls may project into or enclose
other required yards, provided that such fences and walls do not exceed
a height of seven feet.
(4)
Accessory structures which are not a part of the main structure,
although they may be connected by an open breezeway, may be constructed
in a rear yard, provided that such accessory structure does not occupy
more than 30% of the area of the required rear yard and provided it
is not located closer than five feet to the rear lot line nor closer
than three feet to a side lot line.
(5)
The placement of propane gas storage tanks on any location inside
the corporate limits of the Town of Rock Hall shall be governed by
N.F.P.A. Pamphlet No. 58, Propane Gas Code, as amended. Any person
or persons aggrieved by the placement of such tanks on any property
in the corporate limits of the Town of Rock Hall should contact the
Mayor and Council's office or the Administrator.
(6)
The accessory use of gasoline storage tanks for home use, if
permitted by the Maryland State Department of Natural Resources and
necessary federal agencies, requires a permit from the Town of Rock
Hall and must be placed underground in accordance with state codes
on the storage of gasoline and must be in a side or rear lot only.
A.1. Accessory dwelling unit.
[Added 1-8-2004 by Ord.
No. 2004-01]
(1)
Only one accessory dwelling unit is permitted per parcel as
the parcel existed on the date of adoption of this subsection.
(2)
The accessory dwelling unit shall be on the second floor of
the primary structure of the principal permitted use.
(3)
The accessory dwelling unit shall be secondary to the primary
use of the property in both size and appearance.
(4)
The primary use of the property shall operate at least nine
months per year.
(5)
The accessory dwelling unit shall share the utilities with the
principal permitted use.
(6)
The accessory dwelling unit is subject to site plan review by
the Planning Commission.
(7)
One parking space shall be provided for the accessory dwelling
unit.
(8)
Short-term rentals are prohibited.
(9)
The Board may require an accessory dwelling unit which is located
in a structure built after the effective date of this subsection to
meet the front, side and rear yard setback requirements equivalent
to that for residential structure.
A.2. Assisted living for the elderly home.
[Added 1-30-2006 by Ord.
No. 2006-01]
(1)
The parcel on which the home is situated shall be no less than
13,000 square feet.
(2)
The property must be owner-occupied.
(3)
Each resident-occupied room shall have at least 120 square feet
with no horizon dimension less than 10 feet (excluding closet space).
(4)
The home shall be limited to care for not more than eight individuals.
(5)
All handicap ramp requirements shall be met.
(6)
Each resident-occupied room must have access to toilet and basin.
Bathing or showering facilities may be located in a separate area.
(7)
Employees shall be limited to four, in addition to the owners.
(8)
One parking space shall be required for every two beds.
(9)
Only one sewer/water connection (meter) will be allowed to the
property.
(10)
No separate kitchen facilities are permitted in the resident-occupied
rooms.
(11)
A visual yard buffer may be required (evergreen; six feet at
maturity).
(12)
Parking must be located in the side or rear yard and must be
adequately screened from adjacent properties.
B. Bed-and-breakfast.
(1)
Facilities for breakfast shall be in a common location customarily
used by a single family in the structure. No separate kitchens shall
be provided. Meals (breakfast only) shall be provided for bed-and-breakfast
guests and residents only.
(2)
Such uses are limited to five guest rooms, excluding resident
management quarters.
(3)
In the R-1, R-2, and R-3 Districts, such uses shall be owner-occupied.
In the nonresidential districts where allowed, the facility may be
manager-occupied.
(4)
One off-street parking space shall be provided for each guest
room.
C. Boat fuel storage.
(1)
The storage of fuel is subject to all applicable local, state,
and federal regulations.
D. Boathouses, piers, and bulkheads.
(1)
The following standards shall apply to accessory boathouses
and boat slips in residential districts:
(a)
A boathouse may not be used as a dwelling, guest house or servants'
quarters unless specifically permitted by other sections of this chapter.
(b)
The height of a boathouse shall not exceed 20 feet above mean
high water.
(c)
No boathouse shall be built closer than 10 feet to the side
lot line and the structure shall not exceed 20 feet in width or 40
feet in depth.
(2)
The following standards shall apply to boat docks, piers, and
wharves, accessory or nonaccessory, in any district;
(a)
The projection of docks, wharves, and piers into waterways beyond
the waterway line, lot line, or established bulkhead lines or the
placing of mooring lines or buoys shall be limited by applicable Town,
state, and federal regulations. A wharf, pier, or pile may not project
more than 25% of the width of the waterway.
(b)
Groins, levees, bulkheads, pilings, breakwaters, and other similar
structures shall be erected and maintained in accordance with applicable
location and construction standards of the Town, state and federal
governments.
(c)
The water area used by a residence or marina shall be limited
to the area within a basin, which is to be determined from the subject
property's shoreline at mean high water prior to any development
and/or expansion. The limits of the basin shall be bounded by the
mean high-water line of the subject site, the two side lot line extensions
drawn and a line drawn to connect their channelward ends.
[1]
The length of each side lot line extension and any point along
the line connecting their channelward ends shall be determined as
follows: in all Rock Hall waters, side lot line extensions shall project
no more than 25% of the distance across the waterway, such distance
to be determined by measuring from a point directly above the subject
property's shoreline at mean high water to the opposing shoreline,
subject to the limitation that the side lot lines shall extend no
closer than 30 feet to the edge of a delineated channel or delineated
anchorage. All federal, state, and local laws and regulations applicable
to maritime district uses shall be applied.
E. Car wash.
(1)
The business shall be effectively screened from the view of
any abutting land in a residential district or land proposed to be
used for residential purposes.
(2)
The subject property shall be of sufficient size to accommodate
development of the type and scope proposed.
(3)
Applicant shall submit a description (graphic or narrative)
of the proposed architectural design.
(4)
Materials, textures, colors and designs of fences, walls, and
screening shall be compatible with the on-site development, the adjacent
properties and the neighborhood.
(5)
Drive-through lanes shall be marked with distinctive pavement
markings and/or special striping, and shall not block exit or entry
to off-street parking spaces otherwise required on the site.
F. Cemeteries. Cemeteries, including a crematorium if located at least
200 feet within the property lines of the cemetery, provided that:
(1)
The minimum area of the cemetery shall be 10 acres, unless associated
with a church.
(2)
Arrangements are made satisfactory to the Town Attorney for
perpetual maintenance of the cemetery.
G. Child-care center.
(1)
Applicant shall meet the requirements of appropriate state and
local agencies for child care.
(2)
Applicant shall provide verification of qualifications to conduct
the proposed use.
(3)
The Planning Commission may prescribe specific conditions determined
necessary to minimize effects of the use on neighboring properties
given identification of concerns specific to a particular site.
H. Civic, service clubs, fraternal organizations.
(1)
The Planning Commission shall specify hours of operation or
other conditions deemed necessary to adequately protect nearby property
owners.
(2)
The project shall be designed to provide a transition near the
periphery of the site, either with open space areas and landscaping,
or by designing the structures near the periphery to be harmonious
in density and type with the surrounding neighborhood.
I. Community centers.
(1)
The facility shall be under control and direction of a board
of managers the majority of whom shall be residents of the area intended
to be served by the facility.
(2)
The Planning Commission shall consider factors including safety,
traffic and noise and may prescribe additional conditions to address
these concerns.
J. Contractor's storage yard or maintenance facility.
(1)
The facility shall be buffered from all adjacent uses by an
opaque vegetative buffer a mimimum of six feet in height.
K. Country clubs, golf, tennis, swim clubs.
(1)
Applicant shall submit a detailed written statement discussing
the type of facility proposed.
(2)
Applicant shall provide description (graphic or narrative) or
the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(4)
Proposed site shall be of sufficient size to accommodate the
use without adversely affecting adjacent land uses.
(5)
Off-street parking and loading areas, swimming pools, tennis
courts, golf tees, lighting, and maintenance facilities may require
additional screening as determined by the Planning Commission.
(6)
Buildings shall be designed to complement and contribute to
the neighborhood in terms of shape, style, roof line, color, and material.
L. Domiciliary care.
(1)
Applicant shall meet the requirements of appropriate state and
local agencies for family/group care.
(2)
Applicant shall provide verification of qualifications to conduct
the proposed use.
(3)
The Planning Commission may prescribe specific conditions determined
necessary to minimize effects of use on neighboring properties given
identification of concerns specific to a particular site.
(4)
Parking and loading shall be provided at the rear of the site.
(5)
Adequate access to medical services, shopping areas, recreational
and other community services often desired by elderly and handicapped
persons shall be available to residents or provided on the site for
residents.
(6)
The project shall be designed to provide a transition near the
periphery of the site, either with open space areas and landscaping,
or by designing the structures near the periphery to be harmonious
in density and type with the surrounding neighborhood.
(7)
Open space areas, recreational facilities, and other accessory
facilities shall be developed in each phase of development to meet
the needs of the residents. The developer shall provide a schedule
for the installation of facilities.
M. Drive-through banks, restaurants.
(1)
The use shall be designed so that pedestrian and vehicular circulation
is coordinated with that of adjacent properties. A traffic impact
study may be required.
(2)
Drive-through lanes shall be marked with distinctive pavement
markings and/or special striping, and shall not block exit or entry
to off-street parking spaces otherwise required on the site.
N. Dwelling
units in conjunction with a business use. Dwelling units in conjunction
with a business use are permitted on the following basis:
[Amended 6-8-2006 by Ord.
No. 2006-03]
(1)
Not more than one dwelling unit for every 2,000 square feet
of nonresidential floor area and subject to a maximum of four dwelling
units, each with a minimum of 600 square feet of floor area.
(2)
Not more than one dwelling unit in structures with less than
2,000 square feet of nonresidential floor area, with a minimum dwelling
unit floor area of 600 square feet.
(3)
Dwelling unit may not be located on the ground level of the
structure.
O. Echo housing.
(1)
Echo homes are limited to a total of 650 square feet of floor
area, one bedroom, and the height limits for accessory structures.
(2)
Echo homes must be architecturally compatible with the main
structure on the lot in terms of similarity of building materials,
rooftype, and roof line.
(3)
Echo homes must share the principal structure's utilities.
No separate meters are allowed.
P. Farms, truck gardens, orchards, nurseries. In an R-1 District, farms,
truck gardens, orchards and nurseries for the growing or propagation
of plants, trees or shrubs, including temporary stands for seasonal
sales of products raised on the premises, but not including the raising
for sale of birds, bees, rabbits or other animals, fish or other creatures,
provided that such uses are not objectionable to surrounding residences
by reason of odor, dust, noise, or other factors, and provided that
no retail or wholesale business office or store is permanently maintained
on the premises.
Q. Filling stations. Filling station pumps and pump islands may occupy
the required front yards; provided, however, that they are not less
than 15 feet from street ROW lines.
R. Golf driving ranges. See "country clubs" in this article.
S. Group homes.
(1)
Statement shall be submitted by the applicant explaining the
character of the facility, the program's policies, goals, means
proposed to accomplish these goals, characteristics of the service
population and number of residents to be served, operating methods
and procedures, and any other aspects pertinent to the facility's
program.
(2)
Applicant shall provide description (graphic or narrative) of
the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(4)
Subject property shall have frontage on and direct vehicular
access to an existing street with sufficient capacity to accommodate
any traffic generated by the proposed use.
(5)
Parking and loading shall be provided at the rear of the site.
(6)
All trash and refuse shall be stored in a self-enclosed storage
area at the rear of the site.
(7)
No retail activities shall be permitted.
(8)
The proposed site shall be of sufficient size to accommodate
the use without adversely affecting adjacent land uses.
(9)
The applicant shall meet the requirements of appropriate state
and local agencies for group homes.
(10)
The total number of residents and supervisors shall not exceed
eight persons.
T. Home occupations/cottage industry.
(1)
The applicant shall demonstrate that the occupation or activity
is clearly incidental and secondary to the use of the premises for
dwelling purposes, will be conducted within the dwelling or a structure
accessory thereto, and will be carried on by a member of a family
residing on the premises.
(2)
There shall be no display or storage of materials or generation
of substantial volumes of vehicular or pedestrian traffic or parking
demand or other exterior indication of the home occupation or variation
from the residential character of the structure.
(3)
No more than two persons outside the resident family may be
employed on the premises.
(4)
No equipment may be used which creates offensive noise, vibration,
smoke, toxicity, dust, odor, heat, or glare.
(5)
Storage or repair in an accessory structure or yard of the nets,
fishing gear or other equipment necessary for the operation of his
business by a fisherman or tradesman is allowed, provided that such
nets, gear, or equipment shall be kept in the open only during the
season for which such open storage is necessary and at other times
shall be cleaned up and stored neatly in a rear yard or in a way to
comply with the requirements for other home occupations.
(6)
Within the above requirements, a home occupation or cottage
industry includes but is not limited to the following: an art studio;
dressmaking; professional office of a physician, dentist, lawyer,
engineer, architect, accountant, salesman, real estate agent, insurance
agent or other similar occupation; teaching, with musical instruction
limited to one or two pupils at a time; barbershops with not more
than two working chairs; and beauty parlors with not more than three
working stations; however, a home occupation shall not be interpreted
to include animal hospitals, child-care centers (caring for more than
10 children), tearooms, restaurants, or activities involving the use
of hazardous or toxic material.
(7)
A sign for identification of a permitted home occupation or
cottage industry shall be limited to two square feet in area and shall
not be illuminated.
U. Hospitals/nursing homes/medical services/medical clinics/medical
laboratories.
(1)
The applicant shall comply with all applicable Town, state,
and federal rules and regulations.
(2)
All structures shall be located at least 200 feet from any adjacent
residential lot or use.
(3)
All parking areas shall be located at least 50 feet from any
adjacent residential lot or use.
(4)
Applicant shall submit a detailed written statement discussing
the type of facility proposed.
(5)
Applicant shall provide description (graphic or narrative) or
the proposed architectural design.
(6)
All proposed accessory uses shall be identified and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(7)
Proposed site shall be of sufficient size to accommodate the
use without adversely affecting adjacent land uses.
(8)
A statement shall be submitted by the applicant explaining the
character of the facility, the characteristics of the service population,
the number of residents to be served, operating methods and procedures,
and any other aspects pertinent to the facility's program.
(9)
All sides of the use shall have compatible architectural treatment
and shall be architecturally compatible with the structure group,
or neighborhood with which it is associated.
(10)
A minimum of 50% of the gross site area shall be open space.
The open space shall be generally continuous, accessible to the residents,
and protective of natural features.
(11)
The project shall be designed to provide a transition near the
periphery of the site, either with open space areas and landscaping,
or by designing the structures near the periphery to be harmonious
in density and type with the surrounding neighborhood.
(12)
Disposal of waste shall be through approved, safe means and
shall be separate from regular trash disposal.
(13)
No equipment may be used which creates offensive noise, toxicity,
vibration, smoke, dust, odor, heat, or glare.
V. Hotel/motel.
(1)
The applicant shall site new structures to ensure that adjacent
properties have visual privacy and sunlight as well as protection
from the new development's site illumination, noise, and odor,
as applicable.
(2)
The applicant shall design structures to complement and contribute
to a desirable community character in terms of shape and style, roof
lines, color, and materials.
(3)
Accessory uses may include gift shop, beauty shop, barber shop,
restaurant, cocktail lounge/night club, auditorium/meeting room facilities,
and similar retail stores and commercial establishments.
(4)
Circulation and parking shall be adequate to fulfill requirements
of all proposed uses — principal and accessory. The Planning
Commission may require a traffic analysis provided by the applicant
demonstrating adequacy of the system.
(5)
The applicant shall design and site structures to screen from
public view unsightly elements such as shipping and loading areas,
transformers, dumpsters, and meters.
(6)
The applicant shall design the structure roof to screen mechanical
equipment from public view and to contribute to an attractive streetscape.
(7)
The applicant shall develop the public streetscape between the
structure and the street curb as a safe and convenient pedestrian
way with attractive amenities such as paving, lighting, seating, shelter,
and landscaping.
(8)
The applicant shall design fences and retaining walls that are
consistent in materials and quality to that of the structure and the
adjacent properties.
(9)
The applicant shall design and locate signs so that their illumination
is directed away from adjacent neighbors.
(10)
The applicant shall integrate ground signs into the design of
the site and the streetscape.
W. Houses of worship.
(1)
Houses of worship shall have their principal means of access
from a major street and shall be located on a lot of at least two
acres in area.
(2)
Structures used primarily for religious activities may be erected
to a greater height than permitted in the district in which it is
located, provided that the front, side, and rear setbacks shall be
increased one foot for each foot by which such structure exceeds the
height limitation established for the district in which such structure
is located.
X. Housing for the elderly.
(1)
Adequate access to medical services, shopping areas, recreational
and other community services often desired by elderly and handicapped
persons shall be available to residents or provided on the site for
residents.
(2)
The project shall be designed to provide a transition near the
periphery of the site, either with open space areas and landscaping,
or by designing the structures near the periphery to be harmonious
in density and type with the surrounding neighborhood.
(3)
Open space areas, recreational facilities, and other accessory
facilities shall be developed in each phase of development to meet
the needs of the residents. The developer shall provide a schedule
for the installation of facilities at the time the project is submitted.
Y. Industrial uses.
(1)
All uses shall be conducted within a completely enclosed structure
with no open storage of raw, in-process or finished material and supplies
or waste material. Finished or semifinished products manufactured
on the premises may be stored in the open, if screened from the street
and adjacent uses by landscaping or fences. The location, type, and
extent of all proposed screening shall be shown on the site plan.
(2)
Notwithstanding the yard regulations for the district, no part
of any structure, accessory structure or sign shall be located closer
than 100 feet to any residential district boundary.
(3)
All structures shall be limited to 40 feet in height unless otherwise approved by the Board of Appeals under Article
XIII.
(4)
Adequate parking and loading space shall be provided off the street for all employees and traffic to the structure, if necessary in excess of the minimum requirements of Article
VIII.
(5)
Loading operations shall be conducted at the side or rear of
structures. Service drives or other areas shall be provided for off-street
loading and in such a way that, in the process of loading or unloading,
no truck will block the passage of other vehicles on the service drive
or extend into any other public or private drive or street used for
traffic circulation.
(6)
No parking or storage of materials or products shall be permitted
in the required front yard.
(7)
The front yard shall be landscaped with trees, grass, shrubs
and pedestrian walks and shall be maintained in a neat and attractive
condition.
(8)
All fencing shall have a uniform and durable character and shall
be properly maintained. Chain link fences with ribbon weaving shall
not be permitted.
(9)
Raw materials, waste products, and other byproducts associated
with the process shall be identified by the applicant prior to approval.
(10)
An impact statement shall be submitted explaining:
(a)
The proposed architectural design (graphic or narrative) of
all structures.
(b)
The proposed hours of operation.
(c)
The provisions to be made for the control of noxious and offensive
odors and the removal of waste products.
(d)
The air pollution, water quality, and noise control measures
to be taken.
(e)
The type and amount of traffic expected to be generated.
(f)
The compatibility of the use with the surrounding areas.
(g)
The identity of all chemicals and solids to be discharged into
the sewage system.
(11)
Any industrial use established after the effective date of this
chapter shall be so operated as to meet the standards established
hereinafter and all applicable state and federal laws and standards.
Any use already established on the effective date of this chapter
shall be permitted to continue provided that no alteration, expansion,
enlargement, or modification shall be permitted which does not meet
the performance standards herein or which effectively increases the
degree of nonconformity which existed prior to any alteration, expansion,
enlargement, or modification.
(12)
Points of measurement to determine compliance with the following
standards shall be the property line or zoning lot line nearest the
source which is the subject of measurement.
(a)
Noise. All sources of noise (except those not under direct control
of the occupant of the use, such as vehicles) must not create sound
or impact noise levels in excess of the values specified below when
measured at the points indicated. In addition, between 7:00 p.m. and
7:00 a.m., the permissible sound levels at a residential use boundary
where adjoining industrial uses, shall be reduced by five decibels
in each octave band and in the overall band for impact noises.
[1] Noise shall be measured by means of a sound level
meter and octave band analyzer, calibrated in decibels (re 0.0002
microbar) and shall be measured at the nearest lot line from which
the noise level radiates.
[2] Impact noises shall be measured by means of an
impact noise analyzer. Impact noises are those whose peak values fluctuate
more than six decibels from the steady values indicated on the sound
level meter set at fast response.
Maximum Permitted Sound Levels
|
---|
Octave Band, Cycles/Second
|
At Residential Boundaries
|
At Other Lot Lines
|
---|
31.5
|
64
|
72
|
63
|
64
|
74
|
125
|
60
|
70
|
250
|
54
|
65
|
500
|
48
|
59
|
1,000
|
42
|
55
|
2,000
|
38
|
51
|
4,000
|
34
|
47
|
8,000
|
30
|
44
|
Overall
|
80
|
90
|
[3] Definitions.
DECIBEL
A measurement of the intensity (volume) of a sound.
OCTAVE BAND
A prescribed interval of sound frequencies which classifies
sound according to its pitch.
PREFERRED FREQUENCY OCTAVE BANDS
A stigmatized series of octave bands prescribed by the American
Standards Association in Se 1.6-1970 Preferred Frequencies for Acoustical
Measurements.
SOUND LEVEL METER
An electronic instrument which includes a microphone, an
amplifier, and an output meter which measures noise and sound pressure
levels in a specified manner. It may be used with an octave band analyzer
that permits measuring the sound pressure level in discrete octave
bands.
(b)
Vibration. The product of displacement in inches times the frequency
in cycles per second of earthborne vibrations from any activity shall
not exceed the values specified below when measured at the points
indicated.
[1] Earthborne vibrations shall be measured by means
of a three-component recording system, capable of measuring vibration
in three mutually perpendicular directions. The displacement shall
be the maximum instantaneous vector sum of the amplitude in the three
directions.
Maximum Permitted Vibrations
|
---|
Types of Vibrations
|
At Residential Boundaries
|
At Other Lot Lines
|
---|
Continuous
|
0.003
|
0.015
|
Impulsive 100/min. or less
|
0.006
|
0.030
|
Less than 8 pulses per 24 hours
|
0.015
|
0.075
|
(c)
Glare. No direct or sky-reflected glare, whether from flood
lights or from high temperature processes such as combustion, welding
or otherwise, is to be visible beyond the lot line, except for signs,
parking lot lighting, and other lighting permitted by this chapter
or required by any other applicable regulation, ordinance, or law.
(d)
Air pollution. The rules and regulations of the State of Maryland
shall apply.
(e)
Water pollution. The rules and regulations of the State of Maryland
shall apply.
(f)
Radioactivity. There shall be no radioactivity emission which
would be dangerous to the health and safety of persons on or beyond
the premises where such radioactive material is used. Determination
of existence of such danger and the handling of radioactive materials,
the discharge of such materials into the atmosphere and streams and
other water, and the disposal of radioactive wastes shall be by reference
to and in accordance with applicable current regulations of the governments
of the U.S. and Maryland.
(g)
Electrical interference. There shall be no electrical disturbance
emanating from any use which would adversely affect the operation
of any equipment on any other lot or premises.
(h)
Smoke and particulate matter limitations. In addition to the
standard specified hereinafter, the emission of smoke or particulate
matter in such manner or quantity as to be detrimental to or endanger
the public health, safety, comfort, or welfare is hereby declared
to be a public nuisance and shall henceforth be unlawful.
[1] Particulate matter emission caused by the wind
from open storage areas, yards, roads, etc., shall be kept to a minimum
by appropriate landscaping, paving, wetting, or other means.
[2] For the purposes of determining the density or
equivalent opacity of smoke, the Ringelmann Chart as adopted and published
by the United States Bureau of Mines in Circular No. 8333 (7718) shall
be employed.
[3] Within 1,000 feet of a residence or commercial
zoning district boundary line, the emission of visible smoke from
any vent, stack, chimney, or combustion process, darker than Ringelmann
No. 2 for a period or periods aggregating more than four minutes in
any sixty minute period shall not be permitted.
(i)
Toxic matter limitations. In any district, toxic materials which
are released shall not exceed 10% of the maximum permissible airborne
concentration allowed a worker when measured at any point beyond the
lot line, either at ground level or habitable elevation, whichever
is more restrictive. When maximum permissible airborne concentrations
of toxic materials allowed a worker are not contained in the most
recent list of threshold limit values published by the American Conference
of Governmental Industrial Hygienists, the applicant shall satisfy
the Kent County Health Officer that proposed levels will be safe to
the general population.
(j)
Odorous matter limitations. The release of odorous matter from any district shall be so controlled that at ground level or at habitable elevations the concentration shall not exceed the odor threshold lines. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, Table III (Odor Thresholds), Chapter
5, "Air Pollution Abatement Manual", by Manufacturing Chemists Association, Inc. (as amended) may be used.
(k)
Certified engineer report submittal. The applicant for a permit
for an industrial use shall be required to submit proof that the uses
proposed will not cause violations of Town, state, or federal regulations.
For industrial uses which will produce emissions or pollutants to
the waters or air of Rock Hall, this proof shall include measurements
of the ambient water and air quality as well as documentation in the
form of figures that the proposed use will not cause the violation
of either ambient or source standards outlined by the laws and regulations
of the Town, state, and federal governments.
[1] Each future occupant of an industrial character
shall submit to the Town a certified engineer's report describing:
the proposed operation, all machines, processes, products and by-products,
stating the nature and expected levels of emission or discharge to
land, air, or water of liquid, solid, or gaseous effluent and electrical
impulses, vibrations and noise under normal operations, and the specifications
or treatment methods and mechanisms to be used to control such emission
or discharge.
Z. Limited retail uses in MRD developments.
(1)
All commercial uses are required to provide a visual buffer
from adjacent residential uses.
(2)
Parking spaces or parking lot drive aisles shall not be closer
than 10 feet to the front property line.
AA. Marinas, commercial.
(1)
The marina shall comply with all Town, state, and federal codes,
regulations, laws, and ordinances.
(2)
The proposed design shall be satisfactory as regards such safety
features as the location of fueling points, fuel storage, the effect
on navigation, the possibilities for water pollution, and service
by fire hydrants.
(3)
The marina shall be properly located with respect to access
roads and existing and future developed areas.
(4)
The necessary approvals shall be obtained from the required
regulatory agencies.
(5)
The projection of docks, wharves, and piers into waterways beyond
the waterway line, lot line, or the placing of mooring lines or buoys
shall be limited by applicable Town, state, and federal laws, and
a wharf, pier, or pile may not project more than 25% of the width
of the waterway.
(6)
Groins, levees, bulkheads, pilings, breakwaters, and other similar
structures shall be erected and maintained in accordance with applicable
location and construction standards of the Town, state, and other
required regulatory agencies.
(7)
The water area used by a marina shall be limited to the area
within a basin, which is to be determined from the subject property's
shoreline at mean high water prior to any development and/or expansion.
The limits of the basin shall be bounded by the mean high-water line
of the subject site, the two side lot line extensions drawn and a
line drawn to connect their channelward ends.
(a)
The length of each side lot line extension and any point along
the line connecting their channelward ends shall be determined as
follows: in all Rock Hall waters, side lot line extensions shall project
no more than 25% of the distance across the waterway, such distance
to be determined by measuring from a point directly above the subject
property's shoreline at mean high water to the closest point
of land, subject to the limitation that the side lot lines shall extend
no closer than 30 feet to the edge of a delineated channel or anchorage.
All federal, state, and local laws and regulations applicable to shall
be applied.
(8)
Sanitary facilities shall be required at the following rate:
Number of Slips
|
---|
|
0-25
|
26-50
|
51-75
|
76-100
|
---|
Male facilities
|
|
|
|
|
Toilets
|
1
|
2
|
3
|
3
|
Sinks
|
1
|
1
|
2
|
3
|
Showers
|
2
|
2
|
3
|
3
|
Female facilities
|
|
|
|
|
Toilets
|
1
|
2
|
3
|
3
|
Sinks
|
1
|
1
|
2
|
3
|
Showers
|
2
|
2
|
3
|
3
|
As the number of slips increases, urinals may be substituted
for 1/2 the toilets in male facilities. For facilities with over 100
slips, the number and type of sanitary facilities required shall follow
the above pattern.
(9)
Interior roadways, parking areas and walkways shall be designed
to preserve natural features, such as beaches, trees, and wetlands.
Interior roadways shall be a minimum of 20 feet in travelway, remain
unobstructed at all times, and shall be well-maintained; lanes of
sufficient width shall be maintained to accommodate fire and emergency
equipment at all times.
(10)
Each marina shall maintain fire suppression and prevention equipment
and facilities in good repair and in easily accessible locations and
shall conform to the requirements of the Town Fire Officer and the
State Fire Marshall. Any marina enlarging or reconstructing existing
pier facilities to fall within the parameter of this chapter shall
be subject thereto, even though the original piers were constructed
prior to adoption of these regulations. The following specific items
shall be required:
(a)
Each marina shall provide an area of water at a minimum depth
of two feet at the bulkhead or shoreline that is accessible at all
times for the Fire Department to drop a line overboard. The location
of this suction basin shall be subject to Planning Commission approval.
Such suction basin shall have an unobstructed shoreline area of at
least 30 by 40 feet and a fire lane, reserved at all times for the
use of the Fire Department by posting a sign "For Fire Protection
Vehicles Only".
(b)
Where piers exceed 200 feet, each shall be provided with a two-inch
water line (of PVC or another acceptable material) extending the length
of the pier and shall be equipped with one-and-one-half-inch connections
at 125-foot intervals or as determined for special pier configurations
by the Planning and Zoning Commission. (This pipe may also be used
for normal boat waterline hookups.) At the hose connection, National
Fire Protection Association-approved standard risers shall be used,
all threading shall be standard firefighting pipe threading. At shore
ends these waterlines shall be equipped with a valve that enables
the Fire Department to shut off domestic water and convert to water
pumped from the suction basin. Also at shore ends, the waterlines
should be equipped with two-and-one-half-inch hose adapters with standard
firefighting threading to permit connection to a fire hydrant outlet
of the same size.
(c) At least one throwable Coast Guard-approved thirty-inch life buoy
(Type IV) shall be maintained in good condition for every 100 feet
of dock length.
(11)
Floating docks. Applicant shall provide construction drawings
prepared by a Maryland certified engineer. These construction drawings
shall show:
(a)
The anchoring system for docks, finger piers, tees and tie-off
pilings;
(b)
A minimum four-point mooring system;
(c)
The smallest diameter of the piling used;
(d)
The height of pilings as specified by the Floodplain Ordinance;
and
(e)
All access ramps must show no more than one inch vertical to
12 inches horizontal pitch at mean low water.
(12)
Any material accumulation resulting from dredging or excavation
related to marine development may be stored in an approved location
for sufficient time to permit it to dry for over-the-road transport.
The dredging or excavation permit shall specify this "drying" time.
(13)
Containerized trash receptacles (dumpsters) shall be required
within a reasonable distance of all piers. Such containers shall not
be permitted to overflow, cause objectionable odors, or facilitate
the breeding of vermin and insects.
AA.1. Marine trade school (PS).
[Added 5-12-2005 by Ord.
No. 2005-06]
(1)
The school shall obtain permits from the Maryland Department
of the Environment that would normally be required for a commercial
marina operation offering services similar to the kind of instruction
and training proposed by the school. These permits do not need to
be applied for or received prior to approval from the Planning Commission,
but shall be required prior to the issuance of any building or use
permits.
(2)
The school shall comply with all Town, state, and federal codes,
regulations, laws, and ordinances.
(3)
The school shall meet the applicable standards found in this article
VI governing commercial marinas.
BB. Mixed Commercial/Industrial District. See design requirements for
"Mixed Residential District" in this article.
CC. Mixed Residential District.
(1)
Concept plan required. The concept plan shall show the following:
(a)
The proposed lot layout, street layout, building setback lines,
building location, building height, floodplain limits and flood elevation,
Critical Area Boundary, acreage within the Critical Area and tidal
and nontidal wetlands.
(b)
The method and type of sewer and water service to be provided.
(c)
The extent of the proposed conceptual grading and clearing of
the site.
(d)
Anticipated road and parking sections.
(e)
The location of adjacent residential areas and planned buffering
and screening areas.
(2)
Concept plan review criteria. These criteria establish a checklist
of those items that effect the physical aspects of the Rock Hall environment.
These criteria are not intended to restrict imagination, innovation,
or variety, but rather to assist in focusing on principles of good
design.
(a)
Relationship of structures to site.
[1] The orientation, setback, alignment, spacing, and
placement of a building on its site will be considered with special
consideration given to the retention of natural topography and vegetation
and fencing, walkways, lights, signs, and benches that reflect the
property's history and development.
[2] The landscape shall be preserved in its natural
state, insofar as practicable, by minimizing tree and soil removal.
Any grade changes shall be in keeping with the general appearance
of neighboring developed areas. The orientation of individual building
sites shall be such as to maintain maximum natural topography and
cover. Topography, tree cover, and natural drainageways shall be treated
as fixed determinants of road and lot configuration rather than malleable
elements that can be changed to follow a preferred development scheme.
[3] Streets and parking areas shall be designed and
located in such a manner as to maintain and preserve natural topography
and cover; significant landmarks and trees; to minimize cut and fill;
and to preserve and enhance views and vistas on or off the subject
parcel.
[4] Proposed development shall be related harmoniously
to the terrain and to the use, scale, and architecture of existing
buildings in the vicinity that have functional or visual relationship
to the proposed buildings.
[5] The design of buildings, fences, and other structures
shall be evaluated on the basis of harmony with site characteristics
and nearby buildings, including historic structures.
(b)
Relationship of buildings and site to adjoining area.
[1] Adjacent buildings of different architectural styles
shall be made compatible by such means as screens, sight breaks, and
materials.
[2] Harmony in texture, line, and mass is required.
Monotony shall be avoided.
[3] The streetscape of new developments shall be designed
in detail to avoid repetitious setbacks, driveways, elevations, and
landscaping.
[4] Parking shall be provided only at the side or the
rear of buildings.
[5] Parking areas shall be treated with decorative
elements, building wall extensions, plantings, berms, or other innovative
means so to screen parking areas from view from public ways.
[6] The distinctive features of the neighborhood's
existing architecture shall be retained, i.e. the distinguishing size,
scale, mass, color, materials, and details, including roofs, porches
and stairways, that give a neighborhood its special character.
[7] Where existing buildings express a traditionally
modest front setback, creating a close relationship with the street
(as in the Main Street area), it is highly desirable to continue this
pattern to retain the area's character. Therefore, the maximum
setback of new construction shall harmonize with the average setbacks
of existing adjacent buildings. Outside of areas of generally uniform
setback, front setbacks may vary to a greater degree but principal
buildings shall generally be located within 30 feet of the front lot
line unless there are substantial counter-balancing considerations
(such as irregular topography, wetlands, or the preservation of natural
rural features. In all instances, parking shall be excluded from such
areas, between the principal building and the roadway.
[8] New plant materials, fencing, walkways, street
lights, signs, or benches shall be compatible with the character of
the neighborhood in size, scale, material and color.
[9] Existing landscape features such as parks, gardens,
street lights, signs, benches, walkways, streets, alleys, and building
setbacks that have traditionally linked buildings to their environment
shall be retained.
(c)
Landscape and site treatment. Landscape elements included in
these criteria consist of all forms of planting and vegetation, ground
forms, rock groupings, water patterns, and all visible construction
except buildings and utilitarian structures.
[1] Landscape treatment shall be provided to enhance
and define architectural features, provide visual control, strengthen
vistas and important axes, and modify the micro-climate.
[2] Unity and simplicity of design shall be achieved
by repetition of certain plant varieties and other materials and by
correlation with adjacent developments.
[3] Plant material shall be selected for interest in
its structure, texture, and color and for its ultimate growth. Plants
that are indigenous to the area and others that will be hardy, harmonious
to the design, and of good appearance shall be used.
[4] Parking areas and traffic ways shall be enhanced
with landscaped spaces containing trees or tree groupings. Because
roadside trees are extremely important to the character of Rock Hall,
removal of trees over five inches in diameter at breast height must
be absolutely minimized, especially along roadways.
[5] Screening of service yards and other places that
tend to be unsightly shall be accomplished by use of walls, fencing,
planting, or combinations of these devices. Screening shall be equally
effective in winter and summer.
[6] Exterior lighting, when used, shall enhance the
building design and the adjoining landscape. Lighting standards and
building fixtures shall be of a design and size compatible with the
building and adjacent areas.
(d)
Building design.
[1] Architectural style is not restricted. Evaluation
of the appearance of a project shall be based on the quality of its
design, its relationship to its surroundings, and the standards enumerated
at the beginning of this section.
[2] Materials shall be selected for harmony with adjoining
buildings and for suitability to the type of buildings and the design
in which they are used. Buildings shall have the same materials, or
those that are architecturally harmonious, used for all building walls
and other exterior building components wholly or partly visible from
public ways.
[3] Building form (the complete image of the building
as expressed by the base, the wall plane, and the roof) shall be reviewed
in several aspects:
[a] Height. New buildings shall conform with the average
height of the adjacent buildings. A uniform skyline will project a
harmonious atmosphere and visual continuity.
[b] Proportion. The proportion, or the relationship
between the width and height of the front elevation of a building,
should be similar to the adjacent buildings. Proportion can also apply
to the relationship of the windows and doors to each other and their
relationship to the building itself.
[c] Rhythm. The rhythm of the buildings and their components
is the spacing or repetition of architectural elements or details
with like elements. The regularity and frequency of elements such
as a door, window, or porch, and their placement within a facade,
is a type of rhythm. Rhythm between buildings can exist when building
types are repeated along a street. Regular and constant rhythms between
buildings and their components can help unify the streetscape.
[d] Scale. Scale is the relationship between architecture
and man or between the architectural mass and the space which surrounds
it. The scale of the Town Center should be intimate in nature. Any
buildings built on a monumental scale will seem out of place and foreign.
[e] Facade treatment. The exterior features of all
buildings should be visually and physically compatible with those
facades surrounding them. Compatible components to consider within
the facade are color, texture, and type of building materials. Specific
details such as roof shape, cornices, and moldings should be repeated
to unify buildings and not used to create visual distractions. Decorative
additions, awnings, and false facades are discouraged and existing
ones should be considered for removal.
[4] Colors shall be harmonious and shall use only compatible
accents.
[5] Mechanical equipment or other utility hardware
on the roof, the ground, or the building shall be screened from public
view with materials harmonious with the building, or they shall be
so located as not to be visible from any public ways.
[6] Exterior lighting shall be part of the architectural
concept. Fixtures, standards, and all exposed accessories shall be
harmonious with building design.
[7] Refuse and waste removal areas, service yards,
storage yards, and exterior work areas shall be screened from view
from public ways, using materials as stated in the criteria for equipment
screening.
[8] Monotony of design in single or multiple building
projects shall be avoided. Variation of detail, form, and siting shall
be used to provide visual interest. In multiple building projects,
variable siting or individual buildings may be used to prevent a monotonous
appearance.
(e)
Signs.
[1] Every sign shall be designed as an integral architectural
element of the building and site to which it principally relates.
[2] The colors, materials, and lighting of every sign
shall be restrained and harmonious with the building and site to which
it principally relates.
[3] The number of graphic elements on a sign shall
be held to the minimum needed to convey the sign's major message
and shall be composed in proportion to the area of the sign face.
[4] Each sign shall be compatible with signs on adjoining
premises and shall not compete for attention.
[5] Identification signs of a prototype design and
corporation logos shall conform to the criteria for all other signs.
(f)
Miscellaneous structures and street hardware.
[1] Miscellaneous structures and street hardware shall
be designed to be part of the architectural concept of design and
landscape. Materials shall be compatible with buildings, scale shall
be appropriate, colors shall be in harmony with buildings and surroundings,
and proportions shall be attractive.
[2] Lighting in connection with miscellaneous structures
and street hardware shall meet the criteria applicable to site, landscape,
buildings, and signs.
DD. Motor vehicles and related services. All motor vehicle and related
services shall comply with the following:
(1)
All sales and installation facilities operations shall be conducted
within a wholly enclosed structure. Outdoor display of motor vehicles
for sale shall be permitted if areas for this purpose are integrated
into the overall site design and are compatible with the adjacent
and neighboring properties. Applicant shall submit a plan indicating
outdoor storage areas and screening of such areas. The Planning Commission
may require additional landscape treatment to address this requirement.
Neighboring properties shall be protected from site illumination,
noise, and odor.
(2)
The applicant shall design structures to complement and contribute
to desirable community character in terms of shape and style, roof
lines, color and materials.
(3)
The applicant shall design and site structures to screen from
public view unsightly site elements such as shipping and loading areas,
car storage areas, dumpsters, etc.
(4)
Pollutant and waste disposal shall be carried out in compliance
with applicable Town, state, and federal regulations.
(5)
Where a residential use abuts, buffering shall be provided by
the applicant.
EE. Parks and recreation areas.
(1)
A plan of proposed use shall be submitted to the Planning Commission
for review and comment.
(2)
No structure associated with the use shall be located closer
than 50 feet from any residential lot line.
(3)
Special consideration shall be given to traffic safety. Protective
methods may be required including fencing along roadways or additional
requirements to ensure sight distance adequate for the particular
use. The park shall have adequate frontage on a public street of sufficient
capacity to provide safe access and convey anticipated traffic.
(4)
The Planning Commission shall take into account safety, noise,
dust, glare, and traffic factors, and may prescribe additional conditions
to ensure compatibility with adjacent uses.
(5)
Hours of operation shall be submitted for approval.
FF. Piers for fishing. The Planning Commission shall take into account
safety, lighting, safety equipment, sanitary facilities, and parking
and may prescribe additional conditions to ensure that these requirements
are met and to ensure compatibility with adjacent uses.
GG. Recreation areas, private.
(1)
In the R-1 District, recreational uses such as tennis courts,
swimming pools and other similar activities operated exclusively for
the use of private membership and not for commercial purposes, provided
that no such use, structure, or accessory use is located closer than
50 feet to any adjoining property line, unless such property line
fronts a public street or waterway with rights-of-way not less than
25 feet, in which instance the required setback need not exceed 30
feet, and provided, further, that all such facilities must be located
on a parcel having a minimum of two acres dedicated to the recreational
use.
HH. Restaurants/night clubs.
(1)
The Planning Commission shall consider factors including safety,
traffic, and noise and may prescribe additional conditions to address
these concerns.
(2)
Buildings shall be designed and sited to screen loading areas,
dumpsters and other unsightly site elements from public view.
(3)
The use shall not produce adverse effects on the use or development
of the surrounding area due to noise, odor, traffic, lights, or any
other reason.
(4)
Hours of operation shall be submitted for approval.
II. Retail trade/commercial/services. All retail trade/commercial/services
uses shall comply with the following:
(1)
The business shall be effectively screened from the view of
any abutting land in a residential district, an existing residential
use, or land proposed to be used for residential purposes.
(2)
The proposed development shall not create, or substantially
contribute to, traffic problems in the area. The Planning Commission
may require a traffic study.
(3)
The location of the subject property shall be suitable for the
type and scope of development proposed, taking into account such factors
as the existing urbanization of the neighborhood, traffic, and the
character of surrounding properties and the neighborhood in general.
(4)
The subject property shall be of sufficient size to accommodate
development of the type and scope proposed.
(5)
The applicant may be required to submit a detailed written statement
discussing the type of facility proposed.
(6)
The applicant shall provide a description (graphic or narrative)
of the proposed architectural design and signage.
(7)
All proposed accessory uses shall be identified and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(8)
All sides of the structure shall be architecturally compatible
with the structure group or neighborhood with which it is associated.
(9)
The applicant shall design and site structures to screen from
public view unsightly elements such as shipping/loading areas, transformers,
dumpsters, and meters.
(10)
The applicant shall link public structure entrances to sidewalks
and parking areas by means of a safe, convenient, and well-lit walkway
system.
(11)
Buildings shall be designed to complement and contribute to
desirable character in terms of shape, style, rooflines, color, and
materials.
(12)
New structures shall be sited to ensure that adjacent properties
have visual privacy and sunlight as well as protection from new development,
site illumination, noise, and odor, where applicable.
JJ. Rooming house.
(1)
Facilities for dining shall be in a common location customarily
used by a single family in the structure. No separate kitchen shall
be provided. Meals shall be provided for rooming house guests and
residents only.
(2)
The facility may contain no more than five sleeping rooms.
(3)
Parking and loading shall be at the rear of the site.
KK. Satellite receiving dishes.
(1)
Satellite receiving dishes shall be treated as any other accessory
structure and shall have the same setback requirements as accessory
structures. Satellite receiving dishes shall not be installed in any
front yard and all shall be permitted with a building permit. All
such ground-mounted structures shall be properly screened from view
along the nonreceptive window axes with landscaping or fencing. Proper
screening shall be determined by the Administrator. Satellite receiving
dishes are not permitted on the roof in any residential district.
(2)
The above shall not apply to any receiving dishes with a diameter
less than 39 inches.
[Added 8-14-1997 by Ord.
No. 97-07]
(a)
Dishes shall not be placed in the front yard set back or on
the roof of any residential district, provided:
[1] Acceptable quality signal may be received at another
location on the property.
[2] Installation cost at another acceptable location
would be equal to or less than installation in the front yard set
back or on the roof.
LL. Shopping center.
(1)
The project shall provide a unified arrangement of structures,
service areas, parking, and landscaped areas.
(2)
The project shall be designed with regard to the topography
and other natural features of the parcel.
(3)
Materials, massing, and facade design for the project shall
be harmonious with the character of the neighborhood.
(4)
The internal circulation system shall be designed to minimize
through traffic and traffic conflicts within the project.
(5)
Safe pedestrian movement shall be produced within the vehicular
plan.
(6)
All establishments must have vehicular service access either
from an individual service drive or from a common service yard.
(7)
All such service areas must be segregated from public areas
and screened from public view.
(8)
Any part of a lot not used for structures or other structures,
or paved for off-street parking, loading and maneuvering areas, drives
and pedestrian walks, or incidental outside storage, shall be landscaped
and properly maintained.
(9)
All parking lots, loading areas, and outdoor storage areas shall
be separated from any adjacent residential Districts with bufferyards
of at least 25 feet in depth.
(10)
Signs to identify the use of an occupant shall be designed as
part of the architectural design of the structure and attached thereto.
(11)
The Planning Commission shall require a traffic impact study
provided by the applicant.
(12)
No parking space shall be more than 25 feet distant from a tree.
MM. Swimming pools, private. Accessory swimming pools, enclosed or 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 fences or barrier walls. All unenclosed
swimming pools containing two feet of water or more shall be protected
by a safety fence or barrier of four feet in height minimum and approved
by the Administrator. Self-closing access gates shall be required.
A permit is required for both the pool and safety fence or barrier
before the erection of either.
NN. Temporary structures. In all districts, the use of temporary structures
must be incidental to construction operations for the sale of lots
or improvements during development being conducted on the same or
adjoining tract or subdivision and shall be removed upon completion
or abandonment of such construction or upon the expiration of a period
of two years from the time of erection of such temporary structures,
whichever is sooner.
OO. Townhouses.
(1)
Applicant shall submit a detailed written statement discussing
the type of facility proposed.
(2)
Applicant shall provide description (graphic or narrative) of
the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(4)
Subject property shall have frontage on and direct vehicular
access to an existing street with sufficient capacity to accommodate
any traffic generated by the proposed use.
(5)
All trash and refuse shall be stored in a self-enclosed storage
area not in the front yard.
(6)
No retail activities shall be permitted.
(7)
The proposed site shall be of sufficient size to accommodate
the use without adversely affecting adjacent land uses.
(8)
The following standards shall apply to townhouses in any district
where townhouses are permitted:
(a)
The townhouse structure shall comply with the minimum lot requirements
contained in this chapter. Unless otherwise restricted by district
regulations, not more than eight dwelling units shall be included
in any townhouse structure. The number of individual townhouse units
per acre shall not exceed eight.
(b)
Lot frontage, measured at a structure line, for individual dwelling
units of a townhouse may be reduced to not less than 18 feet. Lot
width for end units shall be adequate to provide required front and
side yards.
(c)
For the purpose of the side yard regulations, a townhouse structure
shall be considered as one structure on one lot, with side yards required
for end units only; in accordance with this chapter, any side yard
adjacent to the line of a lot occupied by a detached single-family
residential use shall not be less than 25 feet.
(d)
No detached or attached accessory structure shall be permitted
on a lot occupied by a townhouse except community-owned swimming pools,
pool houses including restrooms, and domestic storage.
(e)
Provisions satisfactory to the Planning Commission and approved
by the Town Attorney shall be made to assure that nonpublic areas
for stormwater management, for other environmental protection purposes,
or for the common use and enjoyment of townhouse occupants, but not
in individual ownership by such occupants, shall be maintained in
a satisfactory manner, without expense to the general public.
(f)
Required off-street spaces of 1 1/2 spaces per dwelling
unit may be provided on the lot in the rear yard or within 150 feet
of the lot.
(g)
A site plan complying with the requirements of Article
XI shall accompany an application for approval of a townhouse project.