A.
For the purpose of this chapter, all land within the
Town of Mount Airy is hereby designated on the Zoning Map[1] as being in one of the following districts:
RE
|
Existing Residential District
| |
R1
|
Residential District
| |
R2
|
Residential District
| |
R3
|
Residential District
| |
R5
|
Residential District
| |
R7
|
Residential District
| |
CD
|
Conservation District
| |
LC
|
Limited Commercial District
| |
NP
|
Neighborhood Professional District
| |
CC
|
Community Commercial District
| |
I
|
Industrial District
|
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
B.
Unless otherwise indicated on the zoning district
maps, the boundary lines of the districts follow lot lines, center
lines of streets, alleys, railroad beds, or such center lines extended,
center lines of creeks, measured lines, or the corporate limit line
as existing at the time of adoption of this chapter and as subsequently
and lawfully amended.
[Amended 6-5-2006 by Ord. No. 2006-2; 8-14-2006 by Ord. No.
2006-10; 5-7-2007 by Ord. No. 2007-15]
No building or land shall hereafter be used
and no building or part thereof shall be erected, moved or altered
by permit unless for the use expressly permitted by and in conformity
with the regulations and minimum construction, architecture and design
requirements for the district in which it is located.
A.
Zoning of annexed areas. All territory which may hereafter
be annexed to the Town shall from time of annexation be considered
as being in the R-1 District until changed by ordinance, unless the
resolution of annexation by the Town Council provides for other district
classification or classifications.
B.
Referral to Planning and Zoning Commission. The Town Council shall refer all annexations to the Planning Commission for recommendation and report on annexation and the zoning classification. If the Commission makes no report on either annexation or zoning within 120 days from the date of its first regularly scheduled monthly meeting after referral by the Town Council, it shall be considered to have made a report making no recommendation, provided that the Town Council may extend this period of 120 days for one definite additional period for a demonstrated sufficient reason. The Town Council shall then hold a public hearing as described in Subsection C below.
[Amended 11-2-2020 by Ord. No. 2020-23]
C.
Public hearing. After the Planning Commission shall have rendered its recommendation as described above in Subsection B, the Town Council shall then hold a public hearing in relation thereto, as required by Article 23A, § 19, of the Annotated Code by giving required notice of the time and place of such hearing in a newspaper published in or having a general circulation in the Town of Mount Airy. Zoning of annexed areas must comply with Article 23A of the Annotated Code.
D.
Location of zoning line in vacated street. Whenever
the Town Council vacates a street or alley, adjacent districts shall
extend to the center line of the vacation.
Yards, parking space, or lot area required for
one building cannot be used for another main building nor can the
size of a lot be reduced below the requirements of this chapter.
[Amended 1-6-2003 by Ord. No. 2002-30]
Any use not specifically enumerated as being allowed in a given district in this chapter shall not be allowed by approval of a special exception from the Board of Appeals unless the Board of Appeals find that the use not specifically enumerated is identical in impact to a use permitted by right or allowed by special exception in the district. All such uses must meet all requirements for the identical use as well as the general requirements for a special exception (§ 112-62E). This section shall not apply to any use (or similar use) that is expressly listed in this chapter as being prohibited.
Any lawful use of land or structure existing
at the time of adoption of this chapter, or subsequent amendment of
this chapter, may be continued with the following limitations:
A.
Expansion of nonconforming uses. Nonconforming uses
may upgrade, repair, or make alterations to their facilities. However,
for the expansion of any nonconforming use, a site plan must be approved
by the Town Planning Commission. Such expansion must meet the following
requirements:
(1)
Expansion is limited to the lot that exists at the
time of adoption of this chapter and additional acreage may not be
added to enlarge any nonconforming use.
(2)
Provision for access drives, off-street parking and
loading shall be consistent with the requirements for the use as provided
in this chapter.
(3)
Provisions for yards, building height and building
area shall be consistent with the requirements for the most restricted
permitted uses for the zone in which the nonconformity is located.
(4)
Buffers and screens shall be provided as determined
by the Planning Commission to adequately protect neighboring properties.
This includes but is not limited to fences, walls, plantings and open
space.
B.
Nonconforming uses not to rebuild. Any nonconforming
use, which has been damaged to the extent of 80% or more of its current
fair market value, as estimated immediately prior to damage, shall
not be rebuilt, replaced, or reconstructed except in conformity with
this chapter, or upon a finding by the Board of Appeals that the new
use is of the same type and would not have any more adverse impact
than the prior use. Nonconforming single-family dwellings are exempt
from this section and may be rebuilt.
C.
Discontinued nonconforming uses not to reestablish
after one year. No nonconforming use shall be established or reestablished
after having been discontinued for one year. Vacating of premises
or building, or nonoperative status shall be evidence of a discontinued
use.
D.
Substitution of nonconforming uses. A nonconforming
use may be substituted for any other nonconforming use only through
a special exception approval where there Board of Appeals determines
that the new use would be a lesser use with a lesser impact on the
community.
E.
Nonconforming structures not meeting dimensional requirements.
Nonconforming structures which do not meet the dimensional requirements
(i.e., height, setbacks, lot area, etc.) may be used for special exception
uses only so long as the nonconformity is not increased and that the
request complies with all other Board of Appeals conditions for a
special exception.
F.
Allowable projections of nonconforming building setbacks
into yards. Whenever a building exists with nonconforming setbacks,
such building may be expanded along the existing nonconforming setback
line provided that no new nonconformities are created and the existing
nonconforming setback is not increased.
[Amended 2-1-2010 by Ord. No. 2009-7]
A.
Size of
parking space. Each parking space shall not be less than nine feet
wide and 20 feet long (no exceptions), exclusive of passageways and
driveways appurtenant to the space and giving access to it. Minimum
parking aisle widths are:
B.
Spaces
required. Off-street parking spaces must be provided for each building
erected or enlarged in accordance with the following schedule, except
as may be authorized below:
[Amended 2-1-2016 by Ord.
No. 2015-22; 9-11-2017 by Ord. No. 2017-7]
Type of Use
|
Minimum Parking Space
|
Time of Use1
(a/b/c/d/e/f)
| |
---|---|---|---|
Residential dwelling (other than apartments)
|
3 spaces per unit
|
100/60/100/100/80/100
| |
Residential apartment
|
2 spaces per unit
|
100/60/100/100/80/100
| |
Boardinghouse
|
1 space per bedroom
|
100/60/100/100/80/100
| |
Bed-and-breakfast (special exception)
|
2 spaces plus 1 per guest room [refer to § 112-62F(26]
|
100/40/100/100/40/100
| |
Hotel, motel, hotel with conference center
|
1 space per room plus 1 space employee
|
100/70/100/100/70/100
| |
Office building
|
1 space per 250 square feet
|
5/100/20/5/10/10
| |
Retail store or shop
|
1 space per 150 square feet of gross floor area
|
5/70/80/5/100/100
| |
Restaurant
|
Indoor dining: 1 space for each 90 square feet of gross floor
area of the building in which the restaurant is located or 1 space
for each 2 seats, whichever is greater, plus
|
5/80/100/5/80/100
| |
Outdoor dining: 1 space for each 90 square feet of land area
set aside or provided for outdoor dining (served seating and/or dedicated
seating for one particular restaurant) or 1 space for each 4 seats,
whichever requirement is greater
| |||
Bowling alley
|
4 spaces per lane plus 1 space per employee
|
5/20/60/5/100/100
| |
Other recreational establishments
|
1 space per 250 square feet of gross floor area
|
10/40/100/50/80/100
| |
Automobile repair, gasoline
|
1 space per 400 square feet of gross floor area and ground area
devoted to repair and service facilities
|
70/100/100/70/100/100
| |
Flex space, industrial
|
1 space per employee plus 1 space per company vehicle on the
lot, or 3.5 spaces per 1,000 square feet gross floor area, whichever
is greater
|
5/100/20/5/5/5
| |
Warehouses
|
2 spaces per 1,000 square feet of gross floor area
|
5/100/20/5/5/5
| |
Self-storage (mini warehouses)
|
1 space per 1,500 square feet of gross floor area plus 2 spaces
per employee
|
5/100/20/5/5/5
| |
Funeral home
|
10 spaces per public room or 1 space per 50 square feet of floor
area, whichever requirement is greater
|
5/100/100/5/100/100
| |
Clubs, lodges and other similar places
|
1 space per 3 persons capacity or 1 space per 100 square feet
of floor area of meeting rooms, whichever is greater
|
5/50/100/5/100/100
| |
Other commercial buildings
|
1 space per 250 square feet of gross floor area
|
5/100/100/5/100/100
| |
Hospital, sanitarium
|
1 space per bed plus 1 space per 1.5 employees, or 1 per 200
square feet of gross floor area, whichever is greater
|
100/100/100/100/100/100
| |
Auditorium, church without preschool, theater and other such
places of public assembly, non-weekday institutional
|
1 space per 3 persons' capacity
|
5/70/100/5/100/100
| |
Convenience stores
|
1 space per 200 square feet of gross floor area
|
10/100/100/10/100/100
| |
Medical offices
|
5 spaces per doctor plus 1 space per employee or 1 space per
250 square feet of gross floor area, whichever is greater
|
5/100/20/5/100/20
| |
Veterinary clinic
|
3 spaces per doctor, plus 1 space per employee
|
5/100/20/5/100/20
| |
Beauty and barber
|
3 spaces per operator or 1 space per 100 square feet of gross
floor area, whichever is greater, plus 1 space per employee
|
5/50/100/5/100/100
| |
Preschool, day-care, nursery
|
1 space per employee plus 1 space per 6 students
|
5/100/20/5/10/10
| |
Grade school (K-8), private school, or weekday institutional
|
2 spaces per classroom plus 1 space per 8 seats in auditoriums
and assembly halls
|
5/100/20/5/10/10
| |
Grade school (9-12), private school, or weekday institutional
|
1 space per 10 students plus 1 space per school staff (teachers
and employees)
|
5/100/100/5/100/100
| |
Banks
|
1 space per 200 square feet of gross floor area plus 1 space
per employee; drive-through stacking that does not impede through
lanes may be counted towards total spaces required up to 50% of total
requirement
|
5/100/40/5/100/40
| |
Laundromat
|
1 space per 2 machines (washers and dryers)
|
5/50/100/5/100/100
| |
Mixed commercial: office, retail, restaurant
|
1 space per 200 square feet of gross floor area; restaurant
not to exceed 40% of gross floor area, otherwise restaurant to be
calculated separately; any outdoor land area set aside or provided
for outdoor dining shall be included in the gross floor area
|
5/100/55/5/65/50
| |
Swimming pool
|
1 space per 4 persons' capacity
|
5/60/20/5/100/20
| |
Health and fitness club
|
1 space per 250 square feet of gross floor area
|
5/60/80/5/100/80
| |
Skating rink
|
1 space per each 3 persons' capacity
|
5/20/60/5/100/100
| |
Home occupation (special exception)
|
In addition to dwelling requirements, 1 space plus 1 space per member of immediate family employed [refer to § 112-62F(7)]
|
Not applicable
| |
Professional office (special exception)
|
In addition to dwelling requirements, 3 spaces per professional [refer to § 112-62F(12)]
|
Not applicable
| |
Shopping center (special exception)
|
1 space per 200 square feet of gross floor area [refer to § 112-62F(15)]
|
5/80/100/5/80/100
| |
Family apartment (special exception)
|
In addition to dwelling requirements, 2 spaces for the apartment [refer to § 112-62F(17)]
|
Not applicable
| |
Veterinary clinic (special exception)
|
9 spaces for clinic plus 2 spaces for residence [refer to § 112-62F(18)]
|
Not applicable
| |
Elderly housing (special exception)
|
2 spaces per unit, including 1 dedicated space per unit [refer to § 112-62F(21)]
|
Not applicable
| |
Retail and commercial in excess of 65,000 square feet (no more
than 4 establishments) (special exception)
|
1 space per 200 square feet of gross floor area [refer to § 112-62F(23)]
|
5/70/80/5/100/100
| |
Nonresident professional office (special exception)
|
In addition to dwelling requirements (if any), 3 spaces per professional [refer to § 112-62F(24)]
|
5/100/20/5/10/10
| |
OPE build to suit/speculative building
|
1 space per 250 square feet
|
Not applicable
|
NOTE 1: Time of use based on the following schedule:
| |||
---|---|---|---|
(a)
|
Monday through Friday, 12:00 midnight through 8:00 a.m.
| ||
(b)
|
Monday through Friday, 8:00 a.m. through 5:00 p.m.
| ||
(c)
|
Monday through Friday, 5:00 p.m. through 12:00 midnight.
| ||
(d)
|
Saturday and Sunday, 12:00 midnight through 8:00 a.m.
| ||
(e)
|
Saturday and Sunday, 8:00 a.m. through 5:00 p.m.
| ||
(f)
|
Saturday and Sunday, 5:00 p.m. through 12:00 midnight.
|
C.
Location. The parking area must be on the same or nearby premises.
If on nearby premises:
(1)
The nearest point of the parking lot shall be not further than the
following distances to the nearest point of the property served: 100
feet in the case of a commercial use, 200 feet in the case of a residential
use, and 300 feet in the case of industrial use and all other uses.
(2)
The parking area must remain under control of the owner or operator
of the use to which the parking area is appurtenant.
D.
Layout. Parking areas must be arranged so there will be no need for
motorists to back onto:
E.
Parking area adjacent to street and property lines. All parking areas
must be set back from all street and property lines a distance equal
to 1/2 the yard setback, but in no case closer than 10 feet.
F.
Paving. All required parking or permitted motor vehicle or motor
equipment storage areas on all access drives shall be paved with concrete,
bituminous paving or other approved material in accordance with Town
of Mount Airy design specifications with a slope in any area of parking
that is no greater than the maximum slope permitted under the Americans
with Disabilities Act and in no event greater than 8%. The Planning
Commission may permit a gravel pavement surface, in accordance with
the Town of Mount Airy design specifications, if the applicant can
satisfy the Commission of the existence of one of the following: that
the proposed gravel parking area will be used no more than twice per
month or 24 days per year total; will allow the preservation of wooded
areas that would otherwise be removed; is within a well recharge area;
and/or that it is in the best interest of the Town that the pavement
material not be permanent.
[Amended 3-2-2015 by Ord. No. 2015-1]
G.
Access driveways. Within 10 feet of a street right-of-way line, access
driveways for parking areas may not exceed 35 feet in width. Such
driveways may not enter a public street within 40 feet of the street
right-of-way line of an intersecting street and within 25 feet of
another access drive on the same property. For all uses except single-family
residential, access drives must be set back from a side property line
a minimum of 10 feet. Single-family residential driveways must be
set back from a side property line a minimum of three feet or as otherwise
determined by the Zoning Administrator or as recommended by the Town
Engineer.
[Amended 3-2-2015 by Ord. No. 2015-1]
H.
Existing buildings. Existing buildings not complying with off-street
parking requirements may be remodeled, repaired and structurally altered,
and any enlargement or change of use of existing buildings will require
that all parking areas be paved. Any enlargement must provide the
required parking spaces for said enlargement and a change of use within
existing buildings that cannot comply with parking can occur, provided
that the new use does not require more parking than the existing use.
However, any change to a new use which would require more parking
than the prior use may be permitted upon application to the Planning
Commission, provided that the distance between the nearest point of
the building involved to the nearest point of a municipal parking
lot is not greater than 1,000 feet. In granting any such application,
the Planning Commission shall consider the following factors: existing
and proposed parking of the applicant current and projected usage
of the municipal lot; proposed and projected number of employees of
the applicant; applicant's proposed hours of operation in relation
to the peak hours of use of the municipal lot; compatibility and desirability
of the proposed use in relation to other uses in the immediate area;
the hardship, if any, upon the applicant if denied; and the benefit,
if any, to the public in terms of increased sources of goods and services
and the economic vitality of the area involved.
[Amended 3-2-2015 by Ord. No. 2015-1]
I.
Handicap parking. At a minimum, accessible parking shall be provided
in accordance with 28 CFR Part 36, ADA Standards for Accessible Design
(latest version). In general, for the first 100 parking spaces a minimum
of one handicap space per 25 total spaces is required with an adjacent
aisle five feet wide by 20 feet long. Each handicap space shall be
nine-feet wide by 20 feet long.
J.
Shared parking can be implemented via sharing arrangements made between
individual facility developers and owners. The total required spaces
must follow the minimum parking requirements and time-of-use requirements
of this section of the Mount Airy zoning code. Such arrangements shall
be first reviewed and approved by the Town Zoning Administrator and
Town Attorney, and then recorded within the respective County Circuit
Court. Such agreement shall be recorded prior to approval of any building
permit.
K.
With respect to mixed-use development within the Community Commercial District (MXU-CC) by special exception pursuant to § 112-39C(12), the Planning Commission, at the time of the concept site plan, shall determine if the appropriate, approximate number of spaces have been provided. At the time of the final site plan approval, the Commission shall determine the final number of spaces, based upon the considerations of safety, convenience, pedestrian and vehicular circulation, and added landscaping within the parking areas provided. In addition, the Planning Commission may reduce the number of spaces required for any use in Chapter 112, Article II, § 112-7.
[Added 9-11-2017 by Ord.
No. 2017-7]
L.
Parking design standards. With respect to mixed-use development within the Community Commercial District (MXU-CC) by special exception pursuant to § 112-39C(12), where appropriate, the following design guidelines shall be considered during the concept plan phase of the development:
[Added 9-11-2017 by Ord.
No. 2017-7]
A.
Every building or structure used for retail, wholesale
or similar commercial uses, or industrial uses and constructed after
the adoption of this chapter shall provide space on the property to
be used exclusively for loading and unloading of vehicles. Such space
shall be in accordance with the following schedule:
Required Spaces
|
Building Floor Area
(square feet)
|
---|---|
1
|
0 to 8,000 square feet
|
2
|
8,001 to 25,000 square feet
|
3
|
25,001 to 40,000 square feet
|
4
|
40,001 to 100,000 square feet
|
B.
For buildings over 100,000 square feet, four spaces
plus one additional space for each additional 50,000 square feet.
C.
For the purpose of determining adequacy of loading
area, each space shall not be less than 12 feet in width, 45 feet
in length, and 14 feet in height.
On any corner lot in all districts there shall
be no obstruction to traffic visibility within 35 feet of the intersection
of the two street property lines of the corner lot. At driveway locations,
there shall be no planting or other sight obstruction greater than
three feet in height at a location within 10 feet of the existing
or planned sidewalk location.
No structure or land development (such as parking
lot, fill or excavation) shall be permitted within the annual, historical
or one-hundred-year floodplain, whichever is greater. The above requirements
shall not be considered prohibiting road crossings nor the placement
of public service lines, provided the intent is adhered to.
[Amended 1-16-2001 by Ord. No. 2000-6; 9-8-2014 by Ord. No. 2014-14; 6-5-2017 by Ord. No. 2017-6; 11-4-2019 by Ord. No.
2019-11]
A.
Scope and purpose. It shall be the purpose of this section to govern
the approval, placement, display, size and design of temporary and
permanent signs located on private property within the Town limits.
This section shall apply to signs approved and/or lawfully placed
or displayed on or after the effective date of this section, which
is November 24, 2019. The version of this section as it existed prior
to the effective date of this section, last amended pursuant to Ordinance
2017-6 on or about June 5, 2017, shall govern the approval, placement,
display, design, size and other restrictions on signs which were approved
by the Zoning Administrator and lawfully placed prior to the effective
date of this section.
B.
ABANDONED OR DILAPIDATED SIGNS
BANNERS
BEACON
BUILDING UNIT
COMMERCIAL SIGN
FEATHER FLAG SIGN
FLAG
FLASHING SIGN
HANDWRITTEN SIGN
INFLATABLE SIGN
LIGHTED BOX SIGNS
LIVING OR HUMAN SIGN
MARQUIS SIGN
MONUMENT SIGN
PENNANT, STREAMER
PERMANENT SIGNS
POLE BANNER
PORTABLE SIGN
PRIMARY FRONTAGE
PROJECTED IMAGE SIGN
READER BOARDS
SECONDARY FRONTAGE
SPONSORSHIP SIGNS
TEMPORARY SIGNS
Definitions. The following words have the following definitions for
the purposes of this section:
Any sign which has been expressly abandoned by its owner,
is out of date on its face and/or is in poor condition (e.g., has
faded or missing lettering, has fallen down, become unattached or
been significantly leaning without correction for two or more months,
has had its message obscured by vegetation, is substantially damaged
and/or is otherwise not in condition to be seen in the normal course).
A type of temporary sign of lightweight fabric or similar
material that is attached to a building or other structure erected
for a purpose other than holding or displaying the banner. The term
"banner" does not include feather flag signs.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
A building unit is equivalent to the tenant space.
Any sign that advertises or conveys a message about a for-profit
or not-for-profit commercial activity.
A freestanding temporary sign typically constructed of a
single plastic or metal shaft driven in the ground with an attached
pennant that is vertically elongated and attached to the shaft.
A device generally made of flexible material, usually cloth,
paper or plastic, typically used as a symbol of a government, school,
or religion, and not containing a commercial message. The term "flag"
does not include feather flag signs.
A sign where the illumination of which is not kept constant
in intensity at all times when in use and which exhibits marked changes
in lighting effects.
A sign, the content of which is in whole or in part hand
written in ink as opposed to typed or printed. Handwritten signs shall
not include signs containing printed font that resembles handwriting.
Any display capable of being expanded by air or other gas
and used on a permanent or temporary basis to advertise a product
or event.
A sign with a lighting device behind written text or messaging
on an opaque or transparent surface designed to illuminate from behind
the text or messaging.
A sign held by or attached to a human for the purposes of
advertising or otherwise drawing attention to an individual, business,
commodity, service or product. This can also include a person dressed
in costume for the purpose of advertising or drawing attention to
an individual, business, commodity, service or product.
A structure placed over the entrance to a hotel, theatre,
casino, train station, or similar building, often having a sign or
reader board stating either the name of the establishment or, in the
case of theatres, the play or movie and the artist(s) appearing at
that venue.
A permanent sign at the entrance to a commercial office park
or industrial complex listing the businesses in the park or complex.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in a series, designed to move in the wind.
Signs that are permanently attached or designed to be permanently
attached to real property as fixtures, the ground, a building, pole,
staff or other permanent support anchored to a building or into the
ground.
Banners affixed to light, street or utility poles.
A type of commercial sign that is not permanently attached
or designed to be permanently attached to the ground, a building,
or a pole or other temporary or permanent support. This includes a
sign that is, or is designed to be, mounted on wheels or built to
roll or slide or to be moved, including sandwich boards.
The linear distance along which a lot line adjoins a public
street right-of-way. The "primary frontage" of a corner lot, or through
lot, is the street with the highest functional street classification
or longest street frontage if functional street classification is
the same. If the street is a frontage road, the functional classification
of the road which the frontage road fronts shall be used to determine
maximum sign face area. The primary frontage shall be considered the
portion of any frontage containing the primary public entrance to
the building or building units.
A type of sign that is a form of electronic display that
projects images onto a screen or other flat surface, including LCD
and plasma displays.
A type of sign that permits different messages to be displayed
at any one time by means of interchangeable lettering or numbering.
Those frontages containing secondary public entrances to
the building or building units facing a public street or primary parking
area that are not designated as the primary building frontage or shall
include those frontages facing a public street that are not designated
as the primary building frontage.
A sign which displays advertisement for sponsors of any event
or facility, such as an athletic event or field, on the location where
the sign is located.
A sign that is not permanently attached or designed to be
permanently attached to the ground, a building, or a pole staff or
other permanent support anchored to a building or into the ground;
includes a banner sign and a sign that is affixed to a stake or rod
driven into the ground without any other anchor, such as concrete;
includes a sign that is cardboard, paper or which is laminated, but
does not include portable signs.
C.
Signs, general provisions.
(1)
No overhanging sign shall extend beyond the plane that runs parallel
with, and is four feet out from, the building facade. Measurement
from the building facade shall begin from the edge of the front exterior
structural wall and not from any ornamental extension thereto.
(2)
All signs on and in front of the building shall be immobile, nonflashing,
and in no way resemble traffic signals or other warning devices. They
may be lighted indirectly or from within. Illuminated signs shall
be so constructed as to avoid glare or reflection on any portion of
an adjacent highway or residential building.
(3)
All freestanding signs shall be subject to 1/2 the setback requirements
for the district in which located and shall be so located and shall
be so placed as to allow clear and ample visual sight lines for driveways
leading into a street and at intersecting streets and alleys.
(4)
In no case shall any sign attached to a building project more than
three feet above the roofline.
(5)
A freestanding sign shall not exceed 25 feet in height above the
average grade of the road on which it faces.
(6)
The area of a sign shall be the product of its greatest horizontal
and vertical dimensions measured over its entire face, including background
and borders, but excluding supports; provided that where a sign consists
only of lettered, figured, pictorial matter, device or representation
applied directly to the surface of a building, without special background
or border, then its area shall be determined by measuring the overall
length and height of the lettering or other matter.
(7)
Nonconforming signs may continue to exist but must be brought into
conformance with any change in size or location which was previously
approved by the Zoning Administrator or Planning Commission.
(8)
A V-shaped sign shall be considered as one sign, so long as the interior
angle does not exceed 30°. Such sign shall not be located within
200 feet of a principal building on an adjoining lot.
(9)
Prohibited signs and devices. Unless expressly permitted elsewhere,
the following signs and devices are specifically prohibited:
(a)
Abandoned or dilapidated signs.
(b)
Beacon/searchlight.
(c)
Billboards, stationary or mobile.
(d)
Flashing signs.
(e)
Off-site signs (except as otherwise permitted in this section).
(f)
Portable signs (except as otherwise permitted in this section).
(g)
Balloon and inflatable signs.
(h)
Projected image signs, except for menu boards at drive-through
fast food restaurants.
(i)
Signs that are obscene, contain curse words, are vulgar or graphic.
(j)
Handwritten permanent signs.
(k)
Lighted box signs.
(l)
Signs attached to utility poles or street signposts, unless
otherwise permitted herein or authorized by the Town.
(m)
Signs advertising a tobacco shop, vape shop, cannabis business or hemp business that flash, are neon (i.e., constructed from fluorescent lights), or are constructed with light-emitting diodes ("LED"); or that contain anything other than essential text as permitted in § 112-62F(30)(g). Displays, moving or still imagery, logos, branded colors, mottos, selling messages, displays of product including cannabis, hemp, tobacco, vape products, cigarettes, electronic cigarettes, pipes, paraphernalia, or any implement or act of smoking, vaping or consumption are prohibited).
[Amended 11-6-2023 by Ord. No. 2023-39]
(n)
Any signage visible from the exterior of any business or building advertising the sale of tobacco or vaping materials (including Delta-8 tetrahydrocannabinol and kratom), or any products associated with the use of tobacco or vaping (e.g., electronic cigarettes, pipes, or paraphernalia) not in compliance with Subsection C(9)(m) above.
[Added 11-6-2023 by Ord. No. 2023-39]
(o)
Signs not expressly permitted.
[Added 11-6-2023 by Ord. No. 2023-39]
(10)
Exemptions. This section does not relate to building design,
nor does it regulate the following:
(a)
Official traffic or governmental signs;
(b)
Customary maintenance;
(c)
Window displays;
(d)
Product dispensers;
(e)
Scoreboards on athletic fields;
(f)
Sponsorship signs at athletic fields or other related venues;
(g)
Flags of any nation or government;
(h)
Commemorative signs, tablets, or plaques;
(i)
Signs required to be maintained by law or governmental order,
rule, or regulation;
(j)
The display of street numbers;
(k)
Signs or displays on service or delivery vehicles in their normal
performance of businesses.
(11)
To the extent that two or more provisions herein can be read
to govern the size, quantity, location and/or restrictions of a sign
and are in conflict, the provision that more specifically applies
to the type and location of the sign shall govern. If two or more
provisions equally apply to the type and location of a sign, the more
restrictive provision shall apply.
D.
Signs in RE, R1 to R7 Districts. The following signs are permitted
on private property in the RE, R1, R2, R3, R5, and R7 Zoning Districts
in the Town of Mount Airy:
(1)
For properties within a residential zoning district used in part
commercially pursuant to a special exception, while still being used
as a residence with the exception of accessory or family apartments,
or on property used as a boarding house or nonresident professional
office, permanent unlighted or indirectly lighted signs not to exceed
two square feet in size which are approved by the Planning Commission
for design, size and location as a part of the site plan process.
(2)
Permanent signs approved by the Town Planning Commission as a part
of the site plan process at or near the entrances of subdivisions,
golf courses, public and private parks, playgrounds, recreational
properties or facilities, cemeteries, nature study preserves and reservations,
nursery schools, child-care centers, public utility buildings, veterinarian
clinics, churches, schools, libraries, clubs or fraternal and service
organizations, community centers, fire and rescue stations, public
buildings, convalescent or nursing homes, and elderly housing that
do not exceed 120 square feet in size. However, the Zoning Administrator
shall have the discretion to reduce the square footage in consideration
of neighboring aesthetics and health and safety.
(3)
Temporary signs approved by the Zoning Administrator displayed on
a single residential lot that are no greater than six square feet
in size, except that real estate signs advertising the sale of the
property do not require approval of the Zoning Administrator.
(4)
Temporary signs approved by the Zoning Administrator displayed at the entrance of a subdivision that are no more than 100 square feet in size, except that off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(5)
Temporary signs approved by the Zoning Administrator located on property at which an upcoming event is to take place no larger than 50 square feet, except that off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(6)
A single banner sign approved by the Zoning Administrator, and for
which a permit is issued, subject to the special provisions set forth
below, not to exceed 24 square feet.
(7)
A single flag not to exceed three feet by five feet approved by the
Zoning Administrator, and for which a permit is issued, for display
during operating hours.
(8)
Pennant/streamers that are approved by the Zoning Administrator,
and for which a permit is issued, no larger than eight feet in length.
(9)
In addition to the signs prohibited in all zoning districts, portable
and living or human signs are prohibited in residential districts.
E.
Signs in Conservation Zone. The following signs are permitted on
private property in the Conservation Zone in the Town of Mount Airy:
(1)
In addition to the signs permitted in Subsection C above, and the restrictions on such signs contained therein, a sign approved by the Zoning Administrator located in front of or at the entrance to a farm in the Conservation Zone is permitted up to but not exceeding 10 square feet.
(2)
Permanent signs approved by the Planning Commission as a part of
the development plan approval process at or near the entrances to
water supply works, flood control or watershed protection works, fish
and game hatcheries and nature study preserves and reservations not
to exceed 18 inches by 24 inches.
F.
The following signs are permitted on private property in the commercial
districts in the Town of Mount Airy:
(1)
Permanent signs approved by the Planning Commission located or to be located on residences, or that portion of property on which a residence exists, that adhere to the requirements of, and restrictions set forth in Subsection D above, except as set forth below with respect to professional office locations.
(2)
Permanent marquis or monument signs that are approved by the Planning
Commission as to design, size and location as a part of the site plan
process that are located at or near the entrance to or otherwise in
front of a professional office as follows:
(a)
The total area for all attached signs per use or business on
the premises shall not exceed one square foot per building front foot
or frontage per premises with a maximum size of 200 square feet (per
individual sign) as provided below:
[1]
The frontage of any building unit shall include the elevation
facing a public street, facing a primary parking area for the building
or tenants, or containing the public entrance to the building or building
units.
[2]
A principal building or building unit(s) with more than one
frontage, such as a building located on a through lot or corner lot,
shall be allowed to add to its signage calculations the secondary
frontage equal to the signage allotment rate of the primary frontage.
However, if secondary signage is used, this signage must be located
and oriented toward the secondary frontage.
(3)
Permanent signs that are approved by the Planning Commission as to
design, size and location as a part of the development plan approval
process that are located at or near the entrance to, or otherwise
in front of, individual professional offices that are no larger than
four square feet.
(4)
Portable signs that are approved by the Planning Commission as to
design, size and placement and subject to the special provisions set
forth below.
(5)
Permanent signs, except portable signs, that are approved by the
Planning Commission as to design, size and location located on property
on which a business or service is, or multiple businesses or services
are, conducted as follows:
(a)
The total area for all attached signs per use or business on
the premises shall not exceed one square foot per building front foot
or frontage per premises with a maximum size of 200 square feet (per
individual sign) as provided below:
[1]
The frontage of any building unit shall include the elevation
facing a public street, facing a primary parking area for the building
or tenants, or containing the public entrance to the building or building
units.
[2]
A principal building or building unit(s) with more than one
frontage, such as a building located on a through lot or corner lot,
shall be allowed to add to its signage calculations the secondary
frontage equal to the signage allotment rate of the primary frontage.
However, if secondary signage is used, this signage must be located
and oriented toward the secondary frontage.
(b)
A permanent sign approved by the Planning Commission as to size,
design and location at or near the entrance to a shopping center or
other integrated group of commercial buildings no larger than 150
square feet in area, which shall be subject to setback requirements
for the district in which located.
(c)
A single freestanding sign approved by the Planning Commission
as to size, design and location which does not exceed 50 square feet
per road frontage to a maximum of 150 square feet, except that where
commercially zoned property adjoins residentially zoned property,
no freestanding sign shall be placed within 100 feet of the residentially
zoned property.
(d)
Reader boards on a freestanding sign approved as to design,
size and location by the Planning Commission subject to the Special
Provisions below.
(6)
Permanent signs approved by the Town Planning Commission at or near
the entrances of subdivisions, golf courses, public and private parks,
playgrounds, recreational properties or facilities, cemeteries, nature
study preserves and reservations, nursery schools, child-care centers,
public utility buildings, veterinarian clinics, churches, schools,
libraries, clubs or fraternal and service organizations, community
centers, fire and rescue stations, public buildings, convalescent
or nursing homes, and elderly housing that are no more than 120 square
feet in size.
(7)
Temporary signs approved by the Zoning Administrator displayed at the entrance of a subdivision not to exceed 100 square feet in size, except that off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(8)
Temporary signs approved by the Zoning Administrator located on property at which an upcoming event, activity, service, product or sale of limited duration is to take place not to exceed 50 square feet, except that real estate signs advertising the sale of the property and off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(9)
Banner signs approved by the Zoning Administrator, and a permit issued
for each banner sign, but not to exceed 24 square feet and subject
to the special provisions below.
(10)
Pole banners approved by the Planning Commission as to size,
design and location that are no greater than 10 square feet, with
a limit of two banners per pole and which are at least 12 feet above
grade. Pole banners may only be attached to parking lot light poles
on private property with an approved site development plan detailing
the location, size, and quantity of pole banner signage. Pole banners
may have periodic changes in copy without submittal for an amended
site development plan, provided there is no change to the location,
size or quantity of signage.
(11)
A single flag approved by the Zoning Administrator that is no
larger than three feet by five feet.
(12)
Pennants/streamers approved by the Zoning Administrator which
shall count against and be a part of a total sign allocation of 50
square feet per road frontage not to exceed 150 square feet.
(13)
Living or human signs subject to the special provisions below.
(15)
Any sign allowed on private property in the Downtown Zone or
the Historic District must follow the design standards for business
signs as printed in the 2010 copy of Design Guidelines: Rehabilitation
of Historic Properties in Town of Mount Airy, Maryland, or any successor
version thereof and as amended from time to time.
G.
The following signs are permitted on private property in the Industrial
and Office Park Employment (OPE) Zoning Districts in the Town of Mount
Airy:
(1)
Permanent marquis or monument signs approved by the Planning Commission
as a part of the development plan approval process that are located
at or near the entrance to an industrial plant not to exceed 50 square
feet.
(2)
Permanent signs that are approved by the Planning Commission as to
design, size and location as a part of the development plan approval
process that are located at or near the entrance to, or otherwise
in front of, individual professional offices that are no larger than
four square feet.
(3)
Portable signs that are approved by the Planning Commission as to
design, size and placement subject to the special provisions set forth
below.
(4)
Permanent signs, except portable signs, that are approved by the
Planning Commission as to design, size and location located on property
on which is located a business, or service, or on which multiple businesses
or services are conducted as follows:
(a)
The total area for all attached signs per use or business on
the premises shall not exceed one square foot per building front foot
or frontage per premises with a maximum size of 200 square feet (per
individual sign) as provided below:
[1]
The frontage of any building unit shall include the elevation
facing a public street, facing a primary parking area for the building
or tenants, or containing the public entrance to the building or building
units.
[2]
A principal building or building unit(s) with more than one
frontage, such as a building located on a through lot or corner lot,
shall be allowed to add to its signage calculations the secondary
frontage equal to the signage allotment rate of the primary frontage.
However, if secondary signage is used, this signage must be located
and oriented toward the secondary frontage.
(b)
A marquis or monument sign approved by the Planning Commission
as to size, design and location at or near the entrance to an industrial
park, or other integrated group of buildings, no larger than 150 square
feet in area, which shall be subject to setback requirements for the
district in which the property is located.
(c)
A single freestanding sign approved by the Zoning Administrator
as to size, design and location which does not exceed 50 square feet
per road frontage to a maximum of 150 square feet, except that where
industrially or OPE zoned property adjoins residentially zoned property,
no freestanding sign shall be placed within 100 feet of the residentially
zoned property.
(d)
Reader boards may be permitted on a freestanding sign subject
to the special provisions below.
(5)
Permanent signs approved by the Town Planning Commission at or near
the entrances of subdivisions, golf courses, public and private parks,
playgrounds, recreational properties or facilities, cemeteries, nature
study preserves and reservations, nursery schools, child-care centers,
public utility buildings, veterinarian clinics, churches, schools,
libraries, clubs or fraternal and service organizations, community
centers, fire and rescue stations, public buildings, convalescent
or nursing homes, and elderly housing that are no more than 64 square
feet in size. However, the Zoning Administrator shall have the discretion
to reduce the square footage in consideration of neighboring aesthetics
and health and safety.
(6)
Temporary signs approved by the Zoning Administrator displayed at the entrance of an industrial or office park that are no more than 100 square feet in size subject to the special provisions set forth below, except that off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(7)
Temporary signs approved by the Zoning Administrator located on property at which an upcoming event, activity, service, product or sale of limited duration is to take place not to exceed 50 square feet subject to the special provisions set forth below, except that real estate signs advertising the sale of the property and off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(8)
Banner signs approved by the Zoning Administrator, and for which
a permit is issued, subject to the special provisions set forth below,
not to exceed 24 square feet.
(9)
Pole banners approved by the Planning Commission as to size, design
and location that are no greater than 10 square feet, with a limit
of two banners per pole and at least 12 feet above grade. Pole banners
may only be attached to interior parking lot light poles, without
road frontage, on private property with an approved site development
plan detailing the location, size, and quantity of pole banner signage.
Pole banners may have periodic changes in copy without submittal for
an amended site development plan provided there is no change to the
location, size or quantity of signage.
(10)
A single flag approved by the Zoning Administrator that is no
larger than three feet by five feet.
(11)
Pennants/streamers approved by the Zoning Administrator which
shall count against and be a part of a total sign allocation of 50
square feet per road frontage not to exceed 150 square feet.
(12)
Living or human signs approved by the Zoning Administrator subject
to the special provisions below.
H.
Special provisions for temporary signs.
(1)
Temporary signs shall not be placed more than 30 days before any
construction, event, activity, service, product or sale of limited
duration described in the sign.
(3)
Temporary signs in the same location concerning an event, activity, service, product or sale of limited duration on the premises may not be posted more than three times per year, except that off-premises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(4)
Sign text and graphics are to be preprinted on weather-resistant
material, the size of which shall not exceed two feet by three feet,
and temporary signs shall not be posted on utility poles, traffic
control devices or signs or existing signs or structures.
I.
Special provisions for banner signs.
(1)
Banner signs may be attached to buildings, fences, structures, or
mounted on stakes in the ground.
(2)
One banner sign shall be permitted per property or business.
(3)
Banner signs which are solely erected by a Mount Airy based youth
athletic association for the sole purpose of informing the public
of an upcoming sports team registration event may be placed up to
45 days prior to the beginning of the registration event and must
be taken down no later than seven days after the conclusion of the
event. Sign text and graphics are to be preprinted on weather-resistant
material, the size of which shall not exceed three feet by eight feet.
J.
Special provisions for feather flag signs.
(1)
Feather flag signs shall be no greater than 3.5 feet in width (at
the widest point) and up to 12 feet in height. The height shall be
measured at grade and include the full length of the supporting pole.
(2)
The number of feather flag signs is limited to one every 50 linear
feet of road frontage, but shall be subject to the discretion of the
Zoning Administrator as to aesthetics and health and safety.
(3)
A maximum of four signs per road frontage shall be permitted.
(4)
Feather flags cannot be on display any sooner than two hours after
the business opens and must be taken down no later than 30 minutes
prior to closing.
(5)
Within any given calendar week, feather flags cannot be on display
for more than five of those days.
K.
Special provisions for living or human signs.
(1)
Living or human signs require a permit issued by the Zoning Administrator.
(2)
Living or human signs are restricted to the property of the business
that is being advertised or within six feet of the right-of-way immediately
adjacent to the property of the business that is being advertised.
The human sign shall not be permitted off site or within the right-of-way
immediately adjacent to the property.
(3)
Living or human signs are restricted to a maximum of two times per
calendar year for no more than two consecutive days.
(4)
Permits must be issued at least seven days in advance of the days
in which the human sign will be used.
(5)
The sign area shall not exceed three square feet in size.
L.
Special provisions for portable signs.
(1)
Portable signs shall be no greater than three feet in height with
a width not to exceed the greater of 1/2 of the sidewalk upon which
they are displayed or three feet.
(2)
Portable signs must be displayed directly in front of the business
and within 10 feet of the business.
(3)
Portable signs must be set back at least two feet from the road or
property line, except that where the property adjoins a residential
zone, no portable signs shall be placed within 100 feet of residentially
zoned property.
(4)
Portable signs may be displayed only during normal business hours
and may not impede foot traffic or create any safety issues.
M.
Special provisions related to reader boards on freestanding signs.
N.
Off-premises commercial signs.
(1)
Signs advertising a commercial business, service or product not located
on the same physical site as the business are prohibited except the
following signs that otherwise comply with the requirements of this
section:
(a)
A contractor may post a sign advertising his/her/its services
at a location where the contractor is performing work for so long
as the work is in progress, not to exceed six continuous months. The
Zoning Administrator may approve one additional extension of no more
than six months.
(b)
A real estate agent may post the following signs, without any
balloons attached:
[1]
No more than two temporary signs, limited to one on each road
on which the property fronts, advertising the real estate agent's
services at a location where the real estate agent holds a listing
for real property, from the date that the real estate agent first
lists the property until the listing expires or is terminated or until
closing on the sale is completed, whichever shall first occur;
[2]
No more than two directional signs directing the public to the
property listed at each of the nearest intersections on each side
of the property, from the date that the real estate agent first lists
the property until the listing expires or is terminated or until closing
on the sale is completed, whichever shall first occur; and
[3]
No more than a total of two open house signs for any property
that the real estate agent lists at each of the nearest intersections
on each side of the property, starting one business day before the
open house begins and until the open house concludes.
(c)
A sign that advertises a charitable Town or community event
or fundraiser that lists or displays the logo or other trademark of
the commercial business as a sponsor or other contributor to the event.
(d)
Signs on vehicles indicating the name of a business, when the
vehicle remains stationary off premises and for display of such a
sign.
(e)
Temporary signs not otherwise prohibited by this section to
be placed in a commercial district, other than the Downtown Zone,
or in the Industrial or Office Park Employment District, that the
Zoning Administrator approves as to size, quantity, location, design
and duration taking into consideration the following factors:
[1]
Aesthetics;
[2]
Safety;
[3]
Whether the property location where the commercial activity
to be advertised off premises should be sufficient to advertise the
commercial activity compared to whether the temporary off-premises
commercial sign would uniquely promote the commercial activity; and
[4]
Whether the proposed off-premises advertisement is connected
to a specific commercial event such as a sale.
O.
In evaluating the location and design of proposed sign, the following
may be considered by the Town:
(1)
Safety, including site lines for motor vehicles.
(2)
Whether a proposed sign unduly impairs the visibility of lawful signs
on neighboring properties.
(3)
Whether the proposed location and design are aesthetically and architecturally
consistent with neighboring properties, the historic area, if applicable,
the zoning district in which it is to be located, the architecture
of the improvements located, or proposed to be located, on the property,
and the Town's design guidelines.
P.
Sign approvals.
(1)
Except where otherwise indicated above, and except where a sign is
a part of a site or subdivision plan under consideration by the Planning
Commission, all permanent signs must be approved, and a permit must
be issued, by the Zoning Administrator.
(2)
All signs other than those that the Planning Commission approves as a part of the site plan process must be approved, and a permit must be issued, by the Zoning Administrator, except that off-premises real estate signs described in Subsection N(1)(b) do not require approval by the Zoning Administrator.
(3)
With respect to any sign that the Planning Commission must approve
under this section, the Planning Commission may delegate to the Zoning
Administrator its authority to approve and issue a permit for the
sign.
(4)
With respect to any sign that the Zoning Administrator must approve
under this section, the Zoning Administrator may refer the matter
to the Planning Commission for review and a recommendation.
Q.
The Planning Commission may grant a variation, in the case of a permanent
sign, and the Zoning Administer may grant a variation, in the case
of temporary signs, as to an applicable size or quantity per property
or business restriction if the Commission or Administrator finds by
a preponderance of the evidence that:
(1)
That denial of a variation will result in hardship based upon some
unique configuration or other characteristic of the property;
(2)
That granting the variation will promote commercial business and
will be beneficial to the Town;
(3)
That granting the variation will not impair sight lines, create an
undue distraction to passing motorists traveling at the speed limit,
bicyclists or pedestrians, or will otherwise adversely impact safety;
and
(4)
That granting the variation will not unduly impair the view of other
lawful signs on neighboring properties by passing motorists traveling
at the speed limit, bicyclists or pedestrians.
R.
The Board of Appeals is authorized to condition the grant of any
special exception upon signage that is compliant with this section.
S.
Removal of noncompliant signs. Signs that do not comply with the provisions of this section may be removed pursuant to the provisions of Chapter 92, in addition to being subject to citation for municipal infraction pursuant to § 112-22A and any other remedies available to the Town under applicable law.
[Amended 1-6-2003 by Ord. No. 2002-31]
A.
Billboards are prohibited in all districts.
B.
Private or public shooting ranges are prohibited in
all districts.
C.
Junkyards are prohibited in all districts, including
those for storage of wrecked, dismantled or abandoned motor vehicles
and parts thereof, and for the storage and sale of other similar scrap
materials.
D.
Salvage yards of any waste materials, with the exception
of recycling facilities for waste construction materials, are prohibited
in all districts.
E.
Mobile homes and mobile home courts or parks are prohibited
in all districts.
F.
Concrete plants, including but not limited to, concrete
manufacturing facilities and ready-mix concrete facilities, are prohibited
in all districts.
G.
Asphalt plants, including but not limited to asphalt
manufacturing facilities, are prohibited in all districts.
H.
Fertilizer plants and fertilizer manufacturing facilities
are prohibited in all districts.
I.
Sales
as a regular course of business or trade with the principal objective
of profit (to include by way of Internet, arm's-length or mail-order
transactions) of alcohol, or firearms shall be permitted if and to
the extent otherwise permitted as a use of right or special exception
in the Downtown Zone and the Limited Commercial, Community Commercial
and Industrial Districts, but shall be prohibited in all other zoning
districts.
J.
Any industry not meeting the standards in § 112-45B of this chapter is prohibited in all districts.
K.
Any use not identical in impact to a use permitted by right or allowed by special exception under the standards provided in § 112-5 of this chapter.
L.
Tobacco
shops, vape shops, cannabis businesses or hemp businesses, except
tobacco shops, vape shops and certain types of cannabis businesses
and hemp businesses pursuant to a special exception in the Community
Commercial (CC) District.
[Added 11-6-2023 by Ord. No. 2023-39]
M.
"On-site consumption licensed establishments" as defined in § 112-71 of the Town Code.
[Added 11-6-2023 by Ord. No. 2023-39]
N.
Growing
cannabis within the Town limits in any form, scale or location is
strictly prohibited, except as permitted pursuant to the Criminal
Law Article of the Maryland Code, § 5-601.2.
[Added 11-6-2023 by Ord. No. 2023-39]
O.
Processing
cannabis within the Town limits in any form, scale or location is
strictly prohibited, except on-site and incidental to the operation
of a dispensary properly authorized by the Town Code.
[Added 11-6-2023 by Ord. No. 2023-39]
[Amended 12-2-2002 by Ord. No. 2002-28]
Storage of compressed gases and liquid fuels
shall conform to the following:
A.
Compressed gases. Storage of compressed gases used
for individual homes, apartment houses, and commercial establishments
may be above ground in all districts if the total capacity of all
containers is less than 2,000 gallons in commercial and industrial
districts and 500 gallons maximum in residential districts, and provided
that each individual container is no less than 25 feet from the nearest
line of adjoining property, except that containers totaling 500 gallons
or less may be no less than 10 feet from the nearest line of adjoining
property. Containers used for apartment houses and commercial establishments
shall be screened by evergreen plantings of a height not less than
the height of the containers so as to effectively obscure the containers
from view.
B.
Below-ground storage.
(1)
In all districts, storage of compressed gases shall
be in accordance with Town regulations. Each individual underground
container shall be located with respect to the nearest line of adjoining
property as follows:
Size of Container
(gallons)
|
Distance
(feet)
|
---|---|
000 to 2,000
|
25
|
2,001 to 30,000
|
50
|
30,001 to 60,000
|
75
|
In excess of 60,000
|
100
|
(2)
In residential districts underground containers are
prohibited.
C.
Gasoline, kerosene, fuel oil and other liquid fuels.
Gasoline, kerosene, fuel oil and other liquid fuels shall be stored
underground or within the structure to be heated. In accordance with
Town regulations, each individual container shall be located with
respect to the nearest line of adjoining property as follows:
Zoning Classification
Distance
(feet)
| |||
---|---|---|---|
Water Capacity
(gallon)
|
Residential*
|
Commercial
| |
000 to 2,000
|
25
|
10
| |
2,001 to 10,000
|
50
|
15
| |
In excess of 10,000
|
Prohibited
|
15
| |
*NOTE: In residential districts, underground
containers are prohibited.
|
D.
Emergency access. The location of all containers for
the storage of inflammable fuels shall be such to provide adequate
fire vehicle and apparatus access to such containers.
In any site plan review, the Planning Commission
may require adequate provision for landscaping/screening in order
to protect adjoining properties; to provide for aesthetic appearance
of the site; and to screen parking, loading and other objectionable
views from the public and neighbors. All commercial and industrial
sites must provide at least 20% of their site in landscaped area.
Landscaped area is the area of a site not covered by impervious surfaces,
and may include stormwater management areas.
No more than one single-family detached dwelling
shall be permitted per lot and no more than two principal commercial
or industrial buildings per lot, except for shopping centers and industrial
centers.
Below- and aboveground essential services, such as utility lines, cables, poles, etc., shall be exempt from the provisions of this chapter except for the aboveground buildings and structures (pumping station, electric substation, switching building, etc.) which will require approval of a special exception by the Board of Appeals for compliance with §112-62E and F(13).
Temporary structures of contractors and lot
owners in conjunction with a construction project will be permitted
in any district where the project is located subject to the setback
requirements of the permitted use and that the temporary structure
be removed at completion of construction or expiration of the permit.
[Amended 2-3-2003 by Ord. No. 2003-4]
A.
BULB
DIRECT LIGHT
FIXTURE
FLOOD OR SPOT LIGHT
FOOTCANDLES
FULL CUTOFF
FULLY SHIELDED
GLARE
IESNA
LAMP
LIGHT TRESPASS
LUMENS
LUMINAIRE
OUTDOOR LIGHTING
OUTDOOR TEMPORARY LIGHTING
WATT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A lamp that produces the actual light.
Light emitted directly from, through or off of the lamp,
reflector, reflector diffuser, refractor or diffuser lens of a light
source.
The assembly that houses the lamp or bulb, which may include
a housing, mounting bracket, pole socket, lamp holder, ballast, reflector
or mirror, and/or refractor or lens.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
The amount of light striking a surface. One footcandle is
one lumen per square foot, or the amount of light given off by a wax
candle striking a one foot square surface which is one foot from the
candle.
A light fixture which cuts off all upward transmission of
light.
A fixture with housing or an attachment which prevents light
from being emitted directly by the bulb or lamp, such that it prevents
a line of sight to the bulb when viewed from another property and
prevents light rays from being emitted at angles above the horizontal
place as certified by any photometric test report, if required.
Light emitting from a light source with an intensity great
enough to reduce a viewer's ability to see, resulting in annoyance
or discomfort as well as loss of visual performance.
Illuminating Engineering Society of North America.
A light source, which may include a bulb, that produces the
actual light.
Light projected onto a property from a fixture not located
on that property.
A unit used to measure the actual amount of light produced
by a bulb or lamp. One thousand eight hundred lumens is the output
of a one-hundred-watt incandescent lamp.
A complete lighting system, including the bulb, lens, fixture,
diffuser and/or reflective enclosure.
Nighttime illumination of an outside area or object by any
device located outdoors that produces light by any means.
The specific illumination of an outdoor area for a period
of less than 10 days, with at least 180 days passing before being
used again, except for emergencies.
A unit used to measure the amount of electrical energy consumed
by a lamp.
B.
General requirements.
(1)
All outdoor lighting shall conform to the requirements
of this chapter.
(2)
All lighting in place prior to the effective date
of this chapter shall comply with this chapter with any change, other
than replacement of the existing bulb; with any change in location
of any light source; with any change of intensity level of the light
being emitted; or with any change in ownership of the underlying property.
C.
Control of glare.
(1)
Site lighting shall be provided by full cutoff fixtures
and shall be directed downward on site, so that the lamp does not
create glare on adjacent properties, is not visible from adjacent
properties or public streets, and so that the light does not spill
onto adjacent properties unless beneficial to and approved by the
adjacent property owner.
(2)
Any light source emitting more than 9,500 initial
lumen output (roughly equivalent to 100 watts if using a high-pressure
sodium light source) shall not emit direct light about a horizontal
plane through the lowest direct-light-emitting part of the light source.
(3)
The maximum height of any light source shall be 25
feet except around perimeters. Any light source emitting more than
9,500 initial lumen output (roughly equivalent to 100 watts if using
a high-pressure sodium light source) shall be mounted at a height
no more than the value (three plus D/3), where D is the distance in
feet to the nearest property boundary.
(4)
The maximum height of any light source on perimeters
shall be 15 feet. Any light source emitting more than 9,500 initial
lumen output (roughly equivalent to 100 watts if using a high-pressure
sodium light source) shall be mounted at a height no more than the
value (three plus D/3), where D is the distance in feet to the nearest
property boundary.
(5)
Light trespass from originating property shall not
exceed 0.1 footcandle on residentially zoned property or .5 footcandle
on commercially zoned property, measured on a vertical plane five
feet above grade at the property line.
(6)
Maximum illumination from any light source shall be
50,000 initial lumen output (roughly equivalent to 400 watts if using
a high-pressure sodium light source).
(7)
All lighting shall be subject to adjustment after
installation to avoid glare on adjacent properties.
D.
Wall-mounted lighting.
(1)
Any wall-mounted lighting or wall-packs must be fully
shielded, and reflect light downward, below the horizontal rather
than above the horizontal.
(2)
Lighting fixtures shall be located, aimed and shielded
so that light is not directed toward adjacent streets, roads or adjacent
properties. Fixtures designed to wash light down the building surface
are preferred. No facade uplighting shall be permitted.
(3)
The maximum illumination on any vertical surface shall
be five footcandles except the surface immediately adjacent to any
wall-mounted fixtures.
E.
Prohibitions.
(1)
No site lighting will be permitted except those equipped
with full cutoff fixtures and which are directed downward on site,
so that the lamp does not create glare on adjacent properties, is
not visible from adjacent properties or public streets, and so that
the light does not spill onto adjacent properties unless beneficial
to and approved by the adjacent property owner.
(2)
The use of search lights, laser lighting, or lights
that pulse, flash, rotate or simulate motion for any purpose is prohibited.
(3)
Tower lighting will not be permitted unless and to
the extent required by the Federal Aviation Administration. Any such
required lighting shall be of the minimum, lowest allowed intensity
and shall be red in color unless specifically forbidden under Federal
Aviation Administration requirements.
F.
Plan submissions.
(1)
The applicant for any permit required under this chapter
in connection with any proposed outdoor lighting shall submit as part
of the application for a permit evidence that the proposed work will
comply with this section. As necessary, the Planning and Zoning Commission
may require submission of the lighting plan to a lighting engineer
chosen by the Commission at the cost of the applicant. The submission
shall contain but shall not necessarily be limited to the following,
all or part of which may be in addition to information required elsewhere
in this chapter:
(a)
Plans indicating the specific location, height
and type of illuminating devices, fixtures, lamps, or any other light
sources;
(b)
A full description of each light source, fixtures,
lamps, and other devices, to include catalog cuts by manufactures
and diagrams, where appropriate;
(c)
Photometric data, such as that furnished by
manufacturers, or similar information demonstrating the angle of cutoff
and/or light emissions;
(d)
For any commercial site plan, analysis and illuminance
level diagrams showing that the proposed installation conforms to
the lighting level standards of this chapter;
(e)
Tests, reviewed by a lighting engineer, indicating
that the lighting plan is sufficient to meet IESNA recommendations,
i.e., not to exceed IESNA recommendations, may be required by the
Planning and Zoning Commission; and
(f)
Computer-generated, point-by-point lighting
calculations on a scaled site plan with a ten-feet-by-ten-feet grid
of footcandle readings, indicating initial horizontal footcandles
at grade, and initial vertical footcandles five feet above grade at
the property line.
(2)
For any site plan, if the above plans, descriptions
and data does not, due to the nature or configuration of the devices,
fixtures or light sources proposed, enable the Planning and Zoning
Commission to certify that the lighting plan complies with this chapter,
the applicant shall additionally submit such certified reports of
tests by a lighting engineer or recognized testing laboratory as will
enable such determination.
(3)
High-pressure sodium lighting shall be preferred unless
the Planning and Zoning Commission specifically permits other lighting
types.
(4)
Lamp, fixture, or light source substitution permit
originally issued. Should any outdoor light fixture, lamp or light
source be changed after the permit has been issued, a change request
prior to the substitution must be submitted to the Zoning Administrator
together with adequate information to assure compliance with this
Code. Only the replacement of a failed or damaged lamp, fixture or
light source for outdoor lighting for which a permit was obtained
under this chapter may be allowed under a change request, that is,
without a permit.
(5)
Lamp, fixture or light source substitution installed
before effective date. Outdoor light fixtures, lamps or light sources
in existence before the effective date of this chapter must submit
a change request prior to replacement of a fixture or light source,
other than a bulb or lamp, together with adequate information to assure
compliance with this Code. Only the replacement of a failed or damaged
lamp, fixture or light source for outdoor lighting for which a permit
was obtained under this chapter may be allowed under a change request,
that is, without a permit.
G.
Existing lighting.
(1)
Any lighting fixture or light source which directs
light towards residential property, streets or parking lots shall
be shielded or redirected within 30 days after a notice of violation
is sent to the property owner and/or agent.
(2)
Any lighting fixture or light source which permits
reaiming or adjustment shall be brought into compliance with the terms
of the chapter within 30 days after a notice of violation is sent
to the property owner and/or agent.
(3)
Any lighting which, using IESNA recommended guidelines,
is found to create a public hazard and/or endanger health or safety
of any person may be ordered altered or removed at any time.
H.
Enforcement; violations and penalties.
(1)
In the event of a violation of any provision of this
section, a notice of violation detailing the violation and steps to
be taken to correct the violation shall be sent by certified U.S.
Mail, return receipt requested, and regular mail, to the property
owner and/or property owner's agent giving 30 days to make corrections,
except in cases of an imminent threat to health or safety, when as
little as 24 hours' notice may be given. If both notices are not returned
as undeliverable, after the applicable deadline the Town may issue
a citation or take other legal action to enjoin or abate any violations
of any provisions of this section.
(2)
At the expiration of the deadline period stated in
the notice of violation, the Town may take action to abate the infraction
and charge costs to the property owner or agent as real estate taxes
on the property in question only if the intent to take such action
was stated in the notice of violation and both notices were not returned
as undeliverable.
(3)
In addition to taking any other action that may be
permitted by law, the Town may consider a violation of any provision
of this section to constitute a municipal infraction and such violation
may be punished by a civil penalty of $100 per day. In prosecuting
a citation the Town may seek an abatement order preventing future
violations and permitting the Town to take action to abate any violations
and charge the costs of correction as real estate taxes on the subject
property. Each day a violation continues shall constitute a separate
offense.
I.
Exemptions.
(1)
All vehicle lighting, emergency traffic lighting,
and traffic control lighting shall be exempt;
(2)
Temporary outdoor lighting which provides specific
illumination of an outdoor area shall be exempt from any permit requirement
but shall otherwise comply with this chapter;
(3)
Lighting up to 10:00 p.m. which is reasonably related
to sports, amusements, entertainment events or other public gatherings
operating as part of an athletic contest, carnival, fairground activity,
parade or public celebration;
(4)
Lighting up to 12:00 midnight which is reasonably
related to sports, amusements, entertainment events or other public
gatherings operating according to the requirements of an appropriate
permit and as part of an athletic contest, carnival, fairground activity,
parade or public celebration;
(5)
Emergency lighting, including lighting required for
emergency street, utility or construction repairs, shall be exempt
if temporary and discontinued immediately upon abatement of the emergency;
and
(6)
Emergency repairs conducted by a public agency, including
the Town of Mount Airy, shall be exempt if temporary and discontinued
immediately upon abatement of the emergency.
[Added 6-4-2001 by Ord. No. 2001-5]
A.
For through lots, the Zoning Administrator or Planning
and Zoning Commission shall determine which lot line shall be designated
the front lot line and which shall be designated the rear lot line
based on the following factors:
(1)
Front and rear lot lines should coordinate with front
and rear doors of the residences and/or subdivision.
(2)
Yards primarily used for private or recreational purposes
with planned or existing buffers over three feet in height, or in
which accessory structures already exist, are generally considered
adjacent to rear lot lines.
B.
Front and rear lot lines shall be uniform for each street or road in a subdivision. Persons wishing to change delineation of the front and rear lot lines of their residences must file a request for variance with the Board of Zoning Appeals. The decision of the Board of Zoning Appeals shall be based on the above guidelines and standards provided at § 112-62 of this chapter.
[Added 1-10-2022 by Ord. No. 2021-18]
A.
Purpose. The purpose of this section is to establish general procedures,
standards, and regulations, consistent with all applicable federal
and state laws, for the placement, construction, installation, co-location,
modification, relocation, operation and removal of small cell wireless
facilities and associated equipment in the Town. The goals of this
section are to:
(1)
Provide standards, technical criteria and details for wireless
facilities, wireless support structures and other related equipment
in the Town to be uniformly applied to all applicants, owners and
operators of such facilities;
(2)
Enhance the ability of wireless communications carriers to deploy
wireless technology in the Town quickly, effectively and efficiently
so that residents, businesses and visitors benefit from robust wireless
service availability;
(3)
Preserve the character of the Town and its corridors;
(4)
Ensure that wireless facilities, wireless support structures
and other related equipment conform to all applicable health and safety
regulations and blend into the surrounding environment to the greatest
extent possible.
B.
ANTENNA
CO-LOCATE
COMMUNICATIONS SERVICE
FACILITY
MICRO WIRELESS FACILITY
OMNI-DOME ANTENNA
PANEL ANTENNA
PROVIDER
PUBLIC RIGHT-OF-WAY
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
SUPPORT STRUCTURE
UTILITY POLE
WIRELESS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small cell wireless facility is
attached at the time of the application. "Co-location" has a corresponding
meaning.
Collectively, the equipment at a fixed location or locations
that enables communications services, including i) radio transceivers,
antennas, coaxial, fiberoptic or other cabling, power supply (including
backup battery), and comparable equipment, regardless of technological
configuration; and ii) all other equipment associated with any of
the foregoing. A communications facility does not include the pole,
tower or support structure to which the equipment is attached.
Wireless transmitting and/or receiving equipment, including
any associated electronics and electronics shelter or cabinet and
generator.
A wireless facility having dimensions no larger than 24 inches
in length, 15 inches in width, and 12 inches in height and an exterior
antenna no longer than 11 inches, if any.
A wireless transmitting or receiving antenna that radiates
or intercepts radio frequency (RF) electromagnetic fields equally
well in all horizontal directions in a flat, two-dimensional (2D)
geometric plane; it receives signals from all directions and so needs
to be installed in a vertical position in the area of the strongest
signal.
A type of directional antenna, sending and receiving signals
from only one direction, consisting of a dipole placed ahead of a
flat-panel reflector.
A communications service provider or a wireless services
provider, and includes any person that owns and/or operates any communications
facilities, wireless facilities, or poles built for the sole or primary
purpose of supporting communications facilities within the Town.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this chapter shall include
public utility easements.
A wireless facility that meets the following criteria:
Each antenna associated with the deployment, excluding the associated
equipment, is not more than three cubic feet in volume;
All other wireless equipment associated with the antenna, including
the provider's preexisting equipment, is cumulatively no more than
28 cubic feet in volume;
The facility does not require antenna structure registration
under federal law; and
The facility does not result in human exposure to radio frequency
radiation in excess of applicable safety standards under federal law.
A structure other than a pole or a tower to which a wireless
facility is attached at the time of the application.
A tall pole, usually constructed of wood, used to carry telephone
wires, electrical wires and other utility lines above the ground.
The equipment at a fixed location or locations in the Town
that enables wireless services. The term does not include coaxial,
fiber-optic or other cabling that is between communications facilities
or poles or that is otherwise not immediately adjacent to or directly
associated with a particular antenna. A small wireless facility is
one type of a wireless facility.
C.
Location of wireless facilities. The following areas are permitted
for placement of wireless facilities:
(1)
Public parks owned by the Town with approval by the Town Council
considering the recommendation of the Recreation and Parks Board with
input from the Planning Commission and other commissions, subject
to the following:
(a)
Screening and equipment enclosures shall blend with or enhance
the surrounding area in terms of scale, form, texture, materials,
and color. Equipment shall be concealed as much as possible by blending
into the natural and/or physical environment. All screening shall
be at the reasonable discretion of the Town Recreation and Parks Board
with input from the Planning Commission.
(b)
No small wireless facility, support structure and/or related
equipment shall be attached or supported by any park equipment, facilities,
or structures.
(c)
Any proposed location for a wireless facility, support structure
and/or related equipment within a public park is subject to relocation
within the park subject to the following:
[1]
In consideration of neighboring park facilities
or equipment, including other small cell facilities/wireless facilities
and/or support structures within the same park.
[2]
In consideration of the location of residences,
buildings and structures, including other small cell facilities/wireless
facilities and/or support structures, on adjoining property.
[3]
In consideration of noise that the new proposed
wireless facilities, support structures and/or related equipment make
individually and collectively with other surrounding similar facilities.
[4]
If the relocation of such would not impose burdensome
technical limits or other unreasonable burdens or expense on the operator.
(d)
The number of wireless facilities, support structures and/or
related equipment within a particular public park may be limited,
in consideration of:
[1]
Aesthetics;
[2]
Interference with the other similar communications
facilities and structures;
[3]
Noise that existing and new proposed small cell
facilities/wireless facilities and/or support structures make individually
and collectively;
[4]
Residences, buildings and structures, including
other wireless facilities, support structures and/or related equipment,
on adjoining property;
[5]
Whether denial of additional location of such facilities
within the park would materially inhibit the provision of wireless
services by the operator.
(2)
In the discretion of the Town Council with input from the Planning
Commission and other commissions, a new wireless facility, support
structure and/or related equipment may be located within other areas
of the Town, including within public rights-of-way and/or private
property as an accessory use, but subject to the conditions and limitations
set forth below:
(a)
If the operator demonstrates that the denial of any proposed
location outside a public park would materially inhibit provision
of wireless services by the operator.
(b)
In consideration of whether the proposed new wireless facilities,
support structures and/or related equipment can be screened, enclosed
or otherwise blended with or could enhance the surrounding area in
terms of scale, form, texture, materials, and color. Equipment shall
be concealed as much as possible by blending into the natural and/or
physical environment. If trees, bushes, rocks, and other forms of
landscaping are to be used for screening, such landscaping must match
the predominant landscaping form and species within one block of the
facilities. All required screening shall be at the reasonable discretion
of the Town Planning Commission.
(c)
In consideration of whether the proposed new wireless facility,
support structure and/or related equipment proposes a co-location,
as opposed to an entirely new location, support structure, or utility
poles.
(d)
In consideration of noise that the new proposed wireless facilities,
support structures and/or related equipment make individually and
collectively with other surrounding similar facilities.
(e)
As applicable and/or unless waived or modified by the Planning
Commission for good cause, so long as the proposed new wireless facility,
support structure and/or related equipment:
[1]
If proposed for location on property or a right-of-way
not owned by the Town, is authorized, in writing, by the owner of
said property or right-of-way in a lease or other similar agreement
as set forth below, or is otherwise proposed to be located on property
or within a public right-of-way owned by the Town;
[2]
Does not significantly create a new obstruction
to property sight lines;
[3]
Is in alignment with existing trees, utility poles,
and streetlights;
[4]
Is equal distance between trees when possible,
with a minimum of 15 feet of separation such that no proposed disturbance
shall occur within of the critical root zone of any tree;
[5]
Will maintain appropriate clearance from existing
utilities;
[6]
Is located at least 10 feet away from the triangle
extension of a driveway flare;
[7]
Is no closer than 250 feet, radially, to another
freestanding small cell;
[8]
Proposes that all lines, including power and transport
facilities, connecting to a new support structure shall be placed
in duct or conduit that is buried below ground;
[9]
Proposes that new overhead wiring to accommodate
the antennas will not be permitted;
[10]
All new wireless facilities within the Main Street
area must be located no closer than 200 feet from Main Street;
[a]
The Main Street Corridor, for the purpose of this
section and any document approved by the Town related to cellular
facilities, shall run from Culwell Avenue to the intersection of North
Main Street and State Route 27.
[11]
No small wireless facility shall be located closer than 500 feet from any public or private school, including day cares, except a day care run as a home occupation, a term defined in § 112-71, and is a special exception in some residential zones.
[12]
Proposed elements of poles shall be aesthetically
matching and consistent with the character and height of adjacent
poles and streetlights and approved and agreed to by the Town;
[13]
The requirements and findings are met with respect
to the location of the proposed wireless facility, support structure
and/or related equipment to be located on Town streets, sidewalks,
or other public rights-of-way as set forth below.
(f)
The Planning Commission may in its discretion propose to the
Town Council, for its approval, an alternate suitable location for
a wireless facility.
D.
Application for a permit.
(1)
Any wireless facility located, improved, co-located, modified,
etc. on Town property or facilities, on private property or anywhere
in the Town where it has authority, shall require a permit.
(2)
The installation of wireless facilities, support structures
and related equipment in a public right-of-way or property owned by
the Town shall require a permit under this section. No permit shall
be issued with respect to the installation of wireless facilities,
support structures or related equipment in, on, or over any Town park
or property, street, sidewalk, or right-of-way unless and until the
permit applicant and the Town have negotiated and executed a franchise
or right-of-way use agreement setting forth the terms and conditions,
including fair compensation to the Town and, where applicable, lease
payments for the use of any Town-owned poles or facilities and/or
property.
(3)
In addition to the other information required herein, an application
for such a permit shall include the following information pertaining
to particular sites or a proposed deployment:
(a)
A study, paid for by the applicant, showing that any new wireless
facility will not cause an exceedance in RF exposure limits safety
standards set by federal law;
(b)
A technical description of the proposed facilities, along with
detailed diagrams accurately depicting all proposed facilities and
support structures, and the proposed locations thereof;
(c)
A detailed deployment plan describing construction planned for
the twelve-month period following the issuance of the permit and a
description of the completed deployment;
(d)
An engineering certification relating to the proposed construction
submitted by an engineer licensed in the State of Maryland;
(e)
A statement describing the applicant's intentions with respect
to co-location;
(f)
A statement demonstrating the permittee's duty to comply with
applicable safety standards for the proposed activities;
(g)
If applicable, an executed agreement with the Town;
(h)
In the case of a proposed location on property or right-of-way
not owned by the Town, an executed agreement between the provider
and the owner of the property or right-of-way;
(i)
A certification from an telecommunications engineer or a professional
engineer with expertise in telecommunications that the proposed new
wireless facility, support structure and/or related equipment will
not interfere with the use, operation, maintenance and repair of existing
similar facilities, and will not otherwise interfere with the use,
operation, maintenance or repair of Town-owned equipment, facilities,
or structures to which the proposed new wireless facility, support
structure and/or related facility is to be attached or is to be installed
in proximity;
(j)
A certification from a telecommunications engineer or a professional
engineer with expertise in telecommunications as to the noise that
the proposed new small wireless facility, support structure and/or
related equipment will make individually and collectively with other
similar facilities that surround it; and
(k)
Such other information as the Town Council may require.
(4)
Within 30 days of the date of submission of an application,
the applicant shall be notified, in writing, of any deficiencies related
to the completeness of the application. No additional review or consideration
of the application shall occur until such deficiencies are corrected.
Remediation of deficiencies in an application shall be deemed an amendment
of the application that was received and will again be reviewed for
completeness as provided in this subsection. The Town reserves the
right to hire an outside consultant to review an application, for
which it shall be reimbursed by the applicant prior to the permit
being approved or denied.
(5)
The Town Planning Director may deny applications not meeting
the requirements stated herein or which are otherwise not complete
after proper notice and a reasonable opportunity to make the application
complete has been afforded. Applications will be deemed abandoned
if left incomplete for more than 90 days after the date of notice
of incompleteness.
E.
Wireless requirements and findings.
(1)
In addition to the findings required for the location of wireless
facilities, support structures and/or related equipment set forth
above, the following requirements and findings apply to proposed wireless
facilities, support structures and/or related equipment to be located
on Town streets, sidewalks, or other public rights-of-way;
(a)
Absent a special finding by the Town Council, wireless facilities
may only be installed on existing utility poles, and only entities
certificated by the Maryland Public Service Commission pursuant to
Maryland Code Annotated, Public Services and Utilities Article, Division
I, Title 7 or Title 8, may erect new poles in the public right-of-way.
(b)
Any new pole installed in public right-of-way to support wireless
facilities shall:
[1]
Comply with all structural and safety standards
specified by the Town and this section;
[2]
Not obstruct pedestrian or vehicular traffic flow
or sight lines;
[3]
Not exceed the average height of the existing streetlight
poles or utility poles within the area extending 1,000 feet in any
direction from the proposed structure;
[4]
Be designed to accommodate the co-location of at
least three different wireless providers' antennas and related equipment;
[5]
If metal, be treated or painted with nonreflective
paint, and in a way to conform to or blend into the surroundings;
and
[6]
Comply with such other requirements and conditions
as the Town may conclude are appropriate to impose.
(2)
Any wireless facilities installed on a pole or any other structure
in the public right-of-way or in a Town park shall:
(a)
Have an equipment box or boxes no greater in collective size
than 24 cubic feet in volume, provided that neither the width nor
the depth of any box may exceed two linear feet;
(b)
Have panel antennas no greater than two feet in height, and
omni-dome antennas no more than four feet in height, and no wider
than the sixteen-inch diameter;
(c)
Have no more than three single panel antennas per pole and no
more than one omni-dome antenna per pole;
(d)
Have microwave dishes no greater than two feet in diameter,
with no more than three microwave dishes per pole;
(e)
Be treated or painted with nonreflective paint, and in a way
to conform to or blend into the pole or the surroundings; and
(f)
Comply with such other requirements and conditions as the Town
may conclude are appropriate to impose.
(3)
Concealment.
(a)
All equipment for a wireless facility shall be located in an
adjoining underground vault next to the pole housing the antennas.
A waiver to this requirement may be issued by the Town Community Planning
Administrator if a case is made by the applicant that doing so would
create unnecessary hardship. A waiver issued for shall be needed for
each pole an applicant would like for a waiver to be issued, no blanket
waivers shall be allowed.
(b)
If a waiver is issued for the concealment of a wireless facility,
the following must be followed:
[1]
Wireless facilities shall be concealed in an equipment
box or cabinet. Unless approved by the Town, there shall be no external
wires hanging from the pole, and all wires shall be enclosed in a
conduit.
[2]
Equipment enclosures, including electric meters,
shall be as small as possible. Ground-mounted equipment shall incorporate
concealment elements into the proposed design, such as landscaping,
barriers, strategic placement in a less visible location and placement
within existing street furniture.
[3]
Landscape screening may be required around ground-mounted
equipment enclosures. The planting quantity and size must ensure that
100% screening is achieved within three years of installation. All
maintenance of landscaping is the responsibility of the operator.
Any proposed pruning or removal of existing trees, shrubs or other
landscaping in the public right-of-way for installation must be noted
in the permit application to be reviewed by the Town.
[4]
All colors must match the background of any wireless
support structure to which facilities are attached. In the case of
existing wood poles, finishes of conduit shall be aluminum or stainless
steel. Equipment attached to metal poles must match the pole finish
and color. Equipment cabinets and other encasements shall be finished
using a Town-approved method and color.
(4)
Signage/lights/logs/decals.
(a)
The operator shall post the name, location, identifying information,
and emergency telephone number in an area on the cabinet of the small
wireless facility visible to the public. Signage required under this
section shall be four inches by six inches, unless otherwise required
by law. If no cabinet exists, the signage shall be placed at the base
of the pole. Any signage shall blend with the posted location, and
shall not be overly noticeable from a distance of greater than six
feet from the posted location.
(b)
Wireless facilities, support structures and/or related equipment
shall not be illuminated, except to meet state, federal or local requirements
or unless illumination is integral to the camouflaging strategy, such
as a design intended to look like a streetlight pole.
(c)
The operator shall remove or paint over unnecessary equipment
manufacturer decals. Wireless facilities, support structures and/or
related equipment shall not include advertisements and may only display
information required by federal, state or local code.
(5)
Wireless facilities, support structures and related equipment
proposed to be located on Town streets or property, private property,
sidewalks, or other public right-of-way may be permitted upon a finding
by the Town that:
(a)
The application complies with all standards and requirements
set forth in this section;
(b)
The location selected in the application is not in an area where
there is an over-concentration of poles or other facilities in, on,
or over the streets, sidewalks or other public rights-of-way;
(c)
The location selected, and scale and appearance of the wireless
facilities, support structures and related equipment to be installed,
are consistent with the general character of the neighborhood;
(d)
The applicant has agreed to, and provided adequate insurance,
bonding and indemnification to, protect the Town and its residents
from injury or liability relating to or arising from the proposed
facilities and structures;
(e)
The applicant has entered into the franchise or right-of-way
use agreement with the Town; and
(f)
The wireless facilities, if located in or adjacent to a residential
district, does not generate any noise. In the event a fan is needed,
a low noise profile fan or a passive cooling system will be required.
F.
Exceptions.
(1)
No Town permit shall be required under this section to excavate
any portion of a street that is a part of the state highway system
and for which a state permit is required under the provisions of Maryland
Code Annotated, Transportation Article.
(2)
No permit shall be issued with respect to any Town street, sidewalk,
property or public right-of-way where, in the judgment of the Town,
sufficient capacity no longer exists for additional facilities to
be placed in the proposed location without jeopardizing the physical
integrity of utilities or other facilities already present in the
proposed location, or the safe and efficient vehicular or pedestrian
use of the street, sidewalk or public right-of-way.
G.
Fees, charges and bonds.
(1)
Every applicant shall pay a permit application fee as set forth
in the Town's fee schedule, to be paid upon submission of the application.
(2)
If the proposed facility is to be located on Town property or
in a Town public right-of-way, the provider shall pay the Town a use
fee as set forth in the Town's fee schedule. The use fee shall be
due and payable within 30 days of execution of the use agreement or
the issuance of the applicable permit(s), whichever is sooner.
(3)
The applicant or provider shall be subject to any other generally
applicable fees of the Town.
(4)
Except as otherwise provided in a use agreement with the Town,
the provider may remove its communications facilities or poles at
any time, upon not less than 30 days' notice to the Town, and may
cease paying the Town any applicable recurring fees for such use,
as of the date of the actual removal of the facilities and the complete
restoration of the public right-of-way or Town property. In no event
shall a provider be entitled to a refund of any fees paid prior to
the removal of its facilities or poles.
(5)
Unless otherwise provided in a use agreement with the Town,
a performance bond or other form of surety acceptable to the Town
in an amount equal to 125% of the estimated cost of restoration of
any work within the public right-of-way shall be provided to the Town
before any work commences on installation, modification or removal
of any communication facility or pole.
H.
Removal/abandonment of facilities.
(1)
The provider shall remove wireless facilities, support structures
and/or related equipment when such facilities are abandoned, regardless
of whether or not it receives notice from the Town. Unless the Town
sends notice that removal must be completed immediately to ensure
public health, safety, and welfare, the removal must be completed
within the earlier of 60 days of the wireless facility, support structure
and/or related equipment being abandoned, or within 60 days of receipt
of written notice from the Town. When the provider abandons permanent
structures on Town property or in the Town's public right-of-way,
the provider shall notify the Town, in writing, of each abandonment
and shall file with the Town the location and description of each
wireless facility, support structure and/or related equipment abandoned.
Prior to removal, the provider must make application to the Town and
receive approval for such removal. The provider must obtain a work
permit for the removal. The Town may require the provider to complete
additional remedial measures necessary for public safety and the integrity
of the Town's property or Town right-of-way.
(2)
The Town Council may, at its option, allow a support structure
to remain on Town property or in the right-of-way and coordinate with
the owner to transfer ownership of such support structure to the Town,
instead of requiring the owner and/or provider to remove such support
structure.
I.
Penalty.
(1)
Failure to comply with any provision of this section is a municipal infraction, as set forth in § 112-22.
(2)
In addition to the remedy in Subsection I(1) above, the Town Council may also pursue the remedies of revocation of the wireless facilities permit or specific performance of the violated provision.
(3)
The Town Council may excuse violations of this section for reasons
of force majeure. For purposes of this section, "force majeure" means
a strike, acts of God, acts of public enemies, orders of any kind
of a government of the United States of America or of the State of
Maryland or any of their departments, agencies or political subdivisions;
riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes,
storms, floods, civil disturbances, explosions, partial or entire
failure of utilities or any other cause or event not reasonably within
the control of the provider.