[Amended 9-25-1978; 9-14-1995; 2-11-1999; 7-13-2009; 8-10-2009]
A. 
Statement of intent. The R-1 District is composed of quiet, low-density residential areas plus undeveloped areas where similar residential construction appears likely to occur. The standards for this district are designed to stabilize and protect the essential character of the areas so delineated, to promote and encourage a suitable environment for family life where there are children and to prohibit all commercial activities. Development is, therefore, limited to relatively low concentration. Permitted uses are limited to single unit dwellings, plus selected additional uses such as schools, parks, churches and certain public facilities that serve the residents of the district. Manufactured or mobile homes as defined are not permitted. No rooming houses or other group living quarters are permitted.
B. 
Uses permitted by right. Only one use and its accessory buildings and/or uses may be erected on any lot or parcel of land in Residential District R-1. The following uses shall be permitted by right in such district:
(1) 
Single-family dwellings.
(2) 
Schools.
(3) 
Churches.
(4) 
Parks and playgrounds.
(5) 
Fire and rescue squad stations.
(6) 
Off-street parking for permitted uses in the district as set forth in § 220-18.
(7) 
Accessory buildings as defined; however, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. Accessory buildings that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Up to three accessory buildings are allowed on the same parcel. An accessory building must be located in a rear yard area but shall not be located closer than five feet to any property line or to any other structure. Accessory buildings over one story in height shall be at least 10 feet from any property line or from any other structure. The floor area of an accessory building cannot exceed 25% of the gross floor area of the primary residential structure, except for garages which can be up to 100% of the gross floor area of the primary residential structure. No accessory buildings shall exceed the main building in height. In no case shall a mobile home or temporary trailer be allowed as an accessory building.
(8) 
Public utilities, poles, lines, distribution transformers, booster and relay stations, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage systems.
(9) 
Signs as set forth in § 220-20.
(10) 
Travel trailers, provided that they shall be stored only within the minimum rear yard requirements and shall be prohibited from regular occupancy. Temporary occupancy up to a maximum of three days is permitted.
(11) 
Fences as set forth in § 220-16.
C. 
Uses permitted by special permit.
(1) 
Home occupations.
(a) 
Purpose and intent. The purpose of this subsection is to allow residents to locate and operate small scale businesses in a neighborhood, while continuing to preserve the character to the neighborhood. It is the general intent of this chapter that commercial uses locate within and around existing commercially zoned areas.
(b) 
Home occupations. A use within a residential dwelling shall meet the following criteria in order to qualify as a home occupation:
[1] 
Such use shall be conducted within a dwelling, and must be clearly incidental and subordinate to the use of the dwelling for residential use.
[2] 
Not more than 25% of the floor area of the principal structure or 25% of any accessory structure shall be used in the conduct of the business.
[3] 
Such use shall be carried on by a member, or members, of the family residing on the premises; no person not a resident may be employed on the premises nor is there to be subcontracting of any work performed at the premises.
[4] 
There shall be no change in the outside appearance of the building or lot, nor other visible evidence that the building is being used for any purpose other than a dwelling.
[5] 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
[6] 
No equipment or process used in such home occupation shall create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses.
[7] 
All applicable license and permits shall be secured and other local, state and federal requirements must be satisfied. The uses approved under the provisions of this subsection shall be considered temporary for the purpose of starting a new business. Once the business needs to expand its area, number of employees, or commercial/customer traffic beyond volume that would be normally expected in a residential neighborhood, the business should relocate to an appropriately zoned area.
(2) 
Bed-and-breakfast as set forth in § 220-1, Definitions.
D. 
Area regulations. The minimum lot area shall be 10,000 square feet.
E. 
Setback regulations. Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center of any street right-of-way less than 50 feet in width; however, no building need be set back more than the average of the setbacks of other adjacent structures on either side. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback. This shall be known as the "setback line."
F. 
Frontage regulations. The minimum lot width at the setback line shall be 80 feet.
G. 
Yard regulations.
(1) 
Side. Each side yard shall be a minimum of 10 feet.
(2) 
Rear. Each rear yard shall be a minimum of 25 feet in depth.
H. 
Lot coverage. Structures shall not occupy more than 20% of the total area of the lot.
I. 
Height regulations.
(1) 
Buildings may be erected up to 2 1/2 stories but shall not exceed 35 feet in height.
(2) 
A public or semipublic building such as a school, church or library may be erected to a height of six feet from grade, provided that required front, side and rear yards shall be increase one foot for each foot in height over 35 feet.
(3) 
Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(4) 
No accessory building which is within 20 feet of any lot line shall be more than one story high. No accessory building shall exceed the main building in height.
J. 
Special provisions for corner lots.
(1) 
Of the two sides of a corner lot fronting on streets, the front shall be deemed to be the shortest.
(2) 
The side yard on the side facing the side street shall be 20 feet or more for both main and accessory buildings.
(3) 
Each corner lot shall have a minimum width at the setback line of 100 feet.
[Amended 6-13-2005; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Purpose and intent.
(1) 
The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the Town, as well as provide a choice to home buyers.
(2) 
The Rural Areas District also serves as the initial zoning classification for any undeveloped rural land in Frederick County which is incorporated into the Town of Middletown by either annexation or boundary adjustment. The purpose of this district is to provide for the reasonable and orderly interim regulation of the use and development of rural land within any annexation or boundary adjusted area consistent with the property rights of the owner of said land prior to annexation or boundary adjustment by the Town of Middletown.
(3) 
The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result.
B. 
Permitted uses. Structures and land shall be used for one of the following uses:
(1) 
Agriculture, farming, dairies and forestry.
(2) 
Orchards, horticulture and the production of nursery stock and products.
(3) 
Single-family dwellings.
(4) 
Schools.
(5) 
Public parks and playgrounds.
(6) 
Churches.
(7) 
Home occupations.
(8) 
Natural conservation areas.
(9) 
Group homes.
(10) 
Museums, parks or historic sites used for educational or historic preservation purposes.
(11) 
Accessory uses.
C. 
Special uses. The following uses of structures and land in the rural areas shall be allowed only if a special use permit has been granted for the use:
(1) 
Country general stores.
(2) 
Antique shops.
(3) 
Campgrounds, tourist camps, recreation areas and resorts.
(4) 
Commercial outdoor recreation, athletic or park facilities.
(5) 
Retailing or wholesaling of nursery stock and related products.
(6) 
Landscape contracting businesses.
(7) 
Cottage occupations.
(8) 
Day-care facilities.
(9) 
Schools.
D. 
Permitted residential density; exception.
(1) 
The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section.
(2) 
Exception to permitted density. On lots containing between six and 13 acres which were lots of record prior to the adoption of this section, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of this section. Within subdivisions utilizing rural preservation lots, the 40% parcel shall not count against the permitted density of the parent tract.
E. 
Minimum lot size. The minimum lot size for permitted uses shall be two acres.
F. 
Permitted lot sizes. The following types of lots shall be permitted:
(1) 
Traditional five-acre lots. On any parcel, lots of five acres in size or greater shall be permitted.
(2) 
Family division lots. On any parcel which contained seven acres or more prior to the adoption of this section, lots as small as two acres may be created, provided that the following conditions are met:
(a) 
Lots are conveyed to members of the immediate family of the owner of record of the parent tract.
(b) 
Only one such lot shall be permitted per immediate family member.
(c) 
One parcel of at least five acres in size shall remain intact following the division.
(3) 
Rural preservation lots.
(a) 
Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following:
[1] 
Forty percent of the parent tract must remain intact as a contiguous parcel.
[2] 
This acreage must be designated prior to the division of the fourth lot.
[3] 
No future division of this portion of the parent tract will be permitted.
(b) 
Exception to single 40% parcel. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption, could be achieved by allowing two residual parcels to be created, the Zoning Administrator may permit the 40% to be made up of two parcels.
G. 
Setback requirements. The following setback requirements shall apply to all parcels within the Rural Areas Zoning District (RA):
(1) 
Traditional five-acre lots and permitted two-acre lots. Setbacks from traditional five-acre lots and permitted two-acre lots shall be a set out below:
(a) 
Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five-acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement.
(b) 
Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be 50 feet.
(2) 
Rural preservation lots. The following setbacks shall apply to rural preservation lots which adjoin other rural preservation lots, but those lots which adjoin any lot or parcel other than a rural preservation lot shall be determined by § 220-5G(1):
(a) 
Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision.
(b) 
Side setback. No principal use or structure shall be located closer than 15 feet to any side lot line.
(c) 
Rear setback. No principal use or structure shall be located closer than 40 feet to any rear lot line.
(3) 
Existing dwellings. The side or rear setbacks for any lot created around an existing dwelling or any family division lot shall be 50 feet from all lot lines.
(4) 
Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five-acre lot or any side or rear property line of a rural preservation lot.
H. 
Minimum width; maximum depth.
(1) 
Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 25 feet at the front setback line.
(2) 
Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line.
I. 
Height restriction. No structure shall exceed 35 feet in height.
[Amended 3-31-1988; 12-14-1989; 1-9-1992; 3-12-1992; 5-14-1992; 6-12-1997; 2-11-1999; 4-8-1999; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Statement of intent. Generally, the B-1 District covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking, other than stocking and delivery of light retail goods, or by any nuisance factors other than occasioned by incidental light and noise of congregation of stores, banks, theaters, business offices, newspaper offices, restaurants, taverns, multifamily dwellings and single-family dwellings. Manufactured or mobile homes as defined are not permitted.
B. 
Uses permitted by right. In Central Business District B-1, structures to be erected or land to be used shall be for one or more of the following uses:
(1) 
Animal hospitals or clinics.
(2) 
Assembly halls.
(3) 
Auto and home appliance services.
(4) 
Bakeries.
(5) 
Banks and financial institutions.
(6) 
Barber and beauty shops.
(7) 
Boardinghouses, rooming houses and nursing homes.
(8) 
Churches.
(9) 
Drugstores.
(10) 
Dry cleaners.
(11) 
Fire and rescue squad stations.
(12) 
Fraternal and auxiliary organizations.
(13) 
Funeral homes.
(14) 
Furniture stores (sales or repair).
(15) 
Hardware stores.
(16) 
Hospitals.
(17) 
Hotels, motels, and inns.
(18) 
Laundries and laundromats.
(19) 
Libraries.
(20) 
Newspaper office buildings.
(21) 
Office buildings.
(22) 
Personal and professional services.
(23) 
Pet shops, excluding boarding kennels.
(24) 
Printing shops and sign shops.
(25) 
Radio and television broadcasting stations, studios and offices.
(26) 
Restaurants, excluding drive-in and fast-food restaurants.
(27) 
Retail stores.
(28) 
Service stations, gasoline, with major repair under cover.
(29) 
Theaters, indoor.
(30) 
Wearing apparel stores.
(31) 
Public utilities, poles, lines, booster and relay stations, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities.
(32) 
Off-street parking for permitted uses in the district as set forth in § 220-18.
(33) 
Signs as set forth in § 220-20.
(34) 
Fences as set forth in § 220-16.
(35) 
Accessory buildings as defined; however, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. Accessory buildings that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Up to three accessory buildings are allowed on the same parcel. An accessory building must be located in a rear yard area but shall not be located closer than five feet to any property line or to any other structure. Accessory buildings over one story in height shall be at least 10 feet from any property line or from any other structure. The floor area of an accessory building cannot exceed 25% of the gross floor area of the primary residential structure, except for garages which can be up to 100% of the gross floor area of the primary building in height. In no case shall a mobile home or temporary trailer be allowed as an accessory building.
(36) 
Single-family dwellings.
(37) 
Child day center.
(38) 
Family day home.
C. 
Uses permitted by special permit. The following uses shall be permitted by special permit:
(1) 
Apartment buildings as set forth in § 220-22.
(2) 
Conversion of residential and/or commercial structures into buildings with a greater number of dwelling units.
(3) 
Public billiard parlors and poolrooms, bowling alleys, dance halls, health spas and clubs and similar forms of public amusement, only after a public hearing shall have been held by the Town Council on an application submitted to the Council for such use. The Town Council may request that the Planning Commission submit a recommendation to it concerning such use applications. In approving any such applications, the Town Council may establish such special requirements and regulations for the protection of adjacent property, set such hours of operation and make such requirements as it may deem necessary in the public interest before granting approval to such application.
(4) 
Strip shopping center. Such special permit granted by the Town Council may require more restrictive covenants considering matters such as traffic congestion, noise, lights, dust, odor, fumes, vibration, timing of operation, screening and other matters which might be regulated to mitigate adverse impact to adjoining property owners and the neighborhood.
(5) 
Townhouses as set forth in § 220-23.
(6) 
Duplex dwelling. All provisions as set forth in § 220-7, Special regulations and provisions as to single-family dwellings shall be mutually applied to duplex dwellings.
D. 
Area regulations. The minimum lot area shall be 7,500 square feet.
(1) 
For apartments, area requirements shall be as stated in § 220-22.
(2) 
For townhouses, area requirements shall be as stated in § 220-23.
(3) 
For single-family dwellings, area requirements shall be as stated in § 220-7.
(4) 
Lot size shall be 50 feet by 150 feet.
E. 
Setback regulations. Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center of any street right-of-way less than 50 feet in width; however, no building needs to be set back more than the average of the setbacks of other adjacent structures on either side. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback.
(1) 
For apartments, setback regulations shall be as stated in § 220-22.
(2) 
For townhouses, setback regulations shall be as stated in § 220-23.
(3) 
For single-family dwellings, setback regulations shall be as stated in § 220-7.
F. 
Frontage and yard regulations. The minimum lot width at the setback line shall be 50 feet. If the property is adjacent to a residential district, the side yard adjoining the residence shall be a minimum of 10 feet, and the rear yard shall be a minimum of 20 feet.
(1) 
For apartments, the regulations contained in § 220-22 shall apply.
(2) 
For townhouses, the regulations contained in § 220-23 shall apply.
(3) 
For single-family dwellings, the regulations contained in § 220-7 shall apply.
(4) 
Side. Each side yard shall be a minimum of five feet.
(5) 
Rear. Each rear yard shall be a minimum of 15 feet.
(6) 
Lot coverage. Structures shall not occupy more than 50% of the total area of the lot.
G. 
Height regulations. Buildings may be erected up to 35 feet from grade, except that:
(1) 
A public or semipublic building such as a church, library or general hospital may be erected to a height of 60 feet from grade, provided that the required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.
(2) 
Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(3) 
Accessory buildings over one story in height shall be at least 10 feet from any lot line. No accessory buildings shall exceed the main building in height.
H. 
Buffer area.
(1) 
Maintenance of buffers. All barriers or buffers required pursuant to this chapter to separate commercial and residential properties or otherwise required shall be maintained in good condition by the owner.
(a) 
If natural vegetation barriers or buffers are required, they shall be kept trimmed, and if any such vegetation shall die, it shall be replaced by vegetation of the similar kind, shape and size.
(b) 
If constructed man-made barriers or buffers are required, said barriers or buffers shall be maintained in good condition, repaired as needed, and if replaced, shall be replaced by buffers or barriers of the same type.
(c) 
Upon written notice of violation of this subsection to the owner of such property by the Zoning Administrator, said owner shall thereafter within 30 days take all necessary action to place said barrier or buffer (whether of natural vegetation or man-made) in the same condition as required when the barrier or buffer was originally created.
(d) 
After said thirty-day period, failure by the owner to act shall constitute a continuing violation.
[Added 3-12-1992; amended 9-9-2002]
A. 
Area regulations.
(1) 
The minimum lot area shall be 10,000 square feet.
(2) 
Lot size shall be a minimum of 100 feet by 100 feet.
B. 
Setback regulations. Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center of any street right-of-way less than 50 feet in width; however, no building needs to be set back more than the average of the setbacks of other adjacent structures on either side. A vacant lot 50 feet or more in width shall be assumed to be occupied by a building having a minimum setback.
C. 
Frontage regulations. The minimum lot width at the setback line shall be 100 feet.
D. 
Yard regulations.
(1) 
Side. Each side yard shall be a minimum of five feet.
(2) 
Rear. Each rear yard shall be a minimum of 25 feet.
E. 
Lot coverage. Structures shall not occupy more than 20% of the total area of the lot.
F. 
Height regulations.
(1) 
Buildings may be erected up to 2 1/2 stories but shall not exceed 35 feet in height.
(2) 
No accessory building which is within 25 feet of any lot line shall be more than one story high. No accessory building shall exceed the main building in height.
[Amended 9-25-1978; 3-31-1988; 2-11-1999; 4-8-1999; 5-11-2015]
A. 
Statement of intent. Highway Business District (B-2) is intended to accommodate general business areas, highway oriented commercial uses, wholesaling operations, fast food establishments and similar uses that generate a great volume of traffic. Manufactured or mobile homes as defined are not permitted.
B. 
Permitted uses. In Highway Business District (B-2), structures to be erected or land to be used shall be for one or more of the following uses:
(1) 
Animal hospitals or clinics.
(2) 
Auction houses.
(3) 
Automotive and truck sales, service and repairs.
(4) 
Bakeries.
(5) 
Barber and beauty shops.
(6) 
Branch banks.
(7) 
Commercial greenhouses; nurseries.
(8) 
Contractor's offices, display rooms, storage.
(9) 
Department stores.
(10) 
Drugstores.
(11) 
Dry cleaners.
(12) 
Farm machinery sales and services, provided that servicing is under cover.
(13) 
Farm supplies with storage under cover.
(14) 
Furniture stores.
(15) 
Gasoline service stations, with major repair under cover.
(16) 
Grocery stores.
(17) 
Hardware store.
(18) 
Laundries or laundromats.
(19) 
Lumber and building supply, with storage under cover.
(20) 
Machinery sales and services.
(21) 
Motels and inns.
(22) 
Pet shops.
(23) 
Plumbing and electrical supply, with storage under cover.
(24) 
Printing and sign shops.
(25) 
Professional and public offices.
(26) 
Restaurants, including drive-in and fast-food restaurants.
(27) 
Retail stores.
(28) 
Theaters, indoor.
(29) 
Tire recapping and vulcanizing.
(30) 
Transportation terminals.
(31) 
Wholesale establishments with storage and processing, provided that the processing is not objectionable because of dirt, noise or odors.
(32) 
Public utilities, poles, lines, booster and relay stations, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities.
(33) 
Off-street parking for permitted uses in the district as set forth in § 220-18.
(34) 
Signs as set forth in § 220-20.
(35) 
Fences as set forth in § 220-16.
(36) 
Accessory buildings as defined; however, garages, carports, porches and stoops attached to the main building shall be considered part of the main building. Accessory buildings that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Up to three accessory buildings are allowed on the same parcel. An accessory building must be located in a rear yard area but shall not be located closer than five feet to any property line or to any other structure. Accessory buildings over one story in height shall be at least 10 feet from any property line or from any other structure. The floor area of an accessory building cannot exceed 25% of the gross floor area of the primary residential structure, except for garages which can be up to 100% of the gross floor area of the primary residential structure. No accessory building shall exceed the main building in height. In no case shall a mobile home or temporary trailer be allowed as an accessory building.
C. 
Use permitted by special permit. The following uses shall be permitted by special permit:
(1) 
Shopping centers as set forth in § 220-21.
(2) 
Public billiard parlors and poolrooms, bowling alleys, dance halls, health spas and clubs and similar forms of public amusement, only after a public hearing shall have been held by the Town Council on an application submitted to the Council for such use. The Town Council may request that the Planning Commission submit a recommendation to it concerning such use applications. In approving any such applications, the Town Council may establish such special requirements and regulations for the protection of adjacent property, set such hours of operation and make such requirements as it may deem necessary in the public interest, before granting approval to such application.
(3) 
Strip shopping center. Such special permit granted by the Town Council may require more restrictive covenants considering matters such as traffic congestion, noise, lights, dust, odor, fumes, vibration, timing of operation, screening and other matters which might be regulated to mitigate adverse impact to adjoining property owners and the neighborhood.
D. 
Area regulations. There shall be a minimum lot size of 10,000 square feet.
E. 
Setback regulations. The minimum setback shall be 40 feet from any street right-of-way which is 50 feet or greater in width and 65 feet from the center line of any street right-of-way less than 50 feet in width. Off-street parking may be permitted within the setback area in the Highway Business District, provided that there is a driveway into the parking area from the street and no parking space or driveway is closer than 10 feet to the front property line.
F. 
Frontage regulations. The minimum width of any lot at the setback line shall be 75 feet.
G. 
Yard regulations.
(1) 
Side yard. Each side yard shall be a minimum of 15 feet.
(2) 
Rear yard. The rear yard shall be a minimum of 20 feet.
(3) 
Parking. Parking may be permitted in the side and rear yard areas, provided that no driveway or parking space is closer than five feet to any side or rear property line.
H. 
Height and coverage regulations.
(1) 
Buildings may be erected, but not to exceed a height of 35 feet.
(2) 
Maximum combined building coverage and paved area shall be 80%.
I. 
Buffer area.
(1) 
Buffer area. All property lines abutting a residential district shall be appropriately fenced, walled, or enclosed with a suitable, solid barrier to a minimum height of eight feet, with a minimum additional buffer of eight feet of natural vegetation. All vegetation buffer strips shall be adjoining on the residential side of barrier.
(2) 
Maintenance of buffers. All barriers/buffers required pursuant to this chapter to separate commercial and residential properties, or otherwise required, shall be maintained in good condition by the owner.
(a) 
The natural vegetation buffer that is required shall be kept trimmed and if any shall die, it shall be replaced by vegetation of similar kind, shape and size.
(b) 
The constructed man-made solid barrier that is required shall be kept in good condition and repaired as needed.
(c) 
Upon written notice of violation of this subsection to the owner of such property by the Zoning Administrator, said owner shall thereafter within 30 days take all necessary action to place said barrier/buffer (whether natural vegetation or solid barrier) in the same condition as required when the barrier/buffer was originally created.
(d) 
After said thirty-day period, failure by the owner to act shall constitute a continuing violation.
J. 
Site plan review and approval. A site plan drawn in accordance with § 220-28 shall be submitted by the applicant, reviewed by the Planning Commission and approved or rejected by the Town Council, for all proposed structures or uses of land in the Highway Business District.
A. 
Purpose and intent. In order to promote the education, prosperity, cultural, tourism, economic and general welfare of the Town of Middletown, the Town Council deems it essential that the qualities relating to this Town's history be identified, enhanced and preserved as appropriate.
B. 
Boundaries.
(1) 
The boundaries of the Historic District shall be as marked as an overlay zoning designation on the Official Zoning Map. This repeals and re-enacts the Town's Official Zoning Map. A copy of the overlay map is also attached as a part of this Historic District Ordinance. The established district may be amended by the Town Council upon the consultation or recommendation by the Planning Commission, using the procedures in place for amending the Middletown Zoning Ordinance.
(2) 
The initial boundaries are within that already recognized and placed upon the National Register. However, where the boundaries of individual lots of record conflict with those of the National Register, the boundaries of the individual lots shall prevail; any parcel not wholly within the National Register in the initial boundary determination shall not be within the historic district; where a street is shown as the historic district boundary, the edge right-of-way adjoining the district shall be the actual district boundary.
C. 
Classification of buildings and structures. Within the Historic District, all buildings and structures shall be classified and designated on the historic building map adopted and approved by the Mayor and Town Council and made a part of the overlay Zoning Map initially following the National Register filings of the Middletown Heritage Society. Such buildings and structures shall be divided into two classes:
(1) 
Historic. Those buildings classified as historic shall possess identified historical, architectural or landscape merit of a degree warranting their preservation. To be so classified the building or structure shall meet one or more of the following criteria:
(a) 
It is associated with a particular person, event, activity or institution of local, state or national historical significance.
(b) 
The exterior design or features embody or exemplify the distinctive design characteristics of one or more historic areas, styles, materials, or construction methods, or exemplify the work of an acknowledged master or masters, or have environmental or geographical features that merit preservation.
(c) 
The building or structure contains qualities and/or artifacts which significantly contribute to present day knowledge and understanding of lifestyles, activities, events, or experiences of a previous era.
(d) 
The building or structure has a unique physical characteristic which represents an established and familiar pattern or unique visual feature of the Town.
(2) 
Non-contributing. Those buildings and structures not classified on the historic building map as historic.[1]
[1]
Editor's Note: Original Sec. 17-8, Floodplain Zones - General Provisions, which immediately followed this section, effective 10-8-2007, as amended 8-18-2009, was repealed 10-11-2016. See now Ch. 109, Floodplain Management.