Town of Mount Airy, MD General Regulations

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.

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.

§ 112-3 Application of regulations.

[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.

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.

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]

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.

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.

§ 112-4 Required open area not to be infringed upon.

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.

§ 112-5 Uses not listed.

[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.

§ 112-6 Continuance of nonconforming uses.

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:

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.

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.

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.

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.

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.

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.

§ 112-7 Off-street parking.

[Amended 2-1-2010 by Ord. No. 2009-7]

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:

(1)

Twenty-four feet for 90° parking.

(2)

Eighteen feet for 60° parking.

(3)

Thirteen feet for 45° parking.

(4)

Eleven feet for 30° parking.

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.

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.

Layout. Parking areas must be arranged so there will be no need for motorists to back onto:

(1)

Local streets as defined in the Chapter 98, Subdivision of Land and Site Plan Approval. This does not apply in the case of single-family detached residential uses.

(2)

Major thoroughfares as designated in the Town Master Plan.

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.

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]

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]

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]

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.

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.

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]

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]

(1)

Surface parking:

(a)

Surface parking lots shall be located to the rear of principal buildings or the side.

(b)

Adhere to dimensional standards for parking spaces as prescribed in § 112-7A.

§ 112-8 Off-street loading.

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

For buildings over 100,000 square feet, four spaces plus one additional space for each additional 50,000 square feet.

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.

§ 112-9 Obstructions to vision at intersections prohibited.

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.

§ 112-10 Structures and land development in floodplain.

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.

§ 112-11 Signs.

[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]

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.

Definitions. The following words have the following definitions for the purposes of this section:

ABANDONED OR DILAPIDATED SIGNS

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).

BANNERS

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.

BEACON

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.

BUILDING UNIT

A building unit is equivalent to the tenant space.

COMMERCIAL SIGN

Any sign that advertises or conveys a message about a for-profit or not-for-profit commercial activity.

FEATHER FLAG SIGN

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.

FLAG

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.

FLASHING SIGN

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.

HANDWRITTEN SIGN

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.

INFLATABLE SIGN

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.

LIGHTED BOX SIGNS

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.

LIVING OR HUMAN SIGN

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.

MARQUIS SIGN

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.

MONUMENT SIGN

A permanent sign at the entrance to a commercial office park or industrial complex listing the businesses in the park or complex.

PENNANT, STREAMER

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.

PERMANENT SIGNS

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.

POLE BANNER

Banners affixed to light, street or utility poles.

PORTABLE SIGN

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.

PRIMARY FRONTAGE

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.

PROJECTED IMAGE SIGN

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.

READER BOARDS

A type of sign that permits different messages to be displayed at any one time by means of interchangeable lettering or numbering.

SECONDARY FRONTAGE

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.

SPONSORSHIP SIGNS

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.

TEMPORARY SIGNS

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.

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.

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.

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.

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 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.

(14)

Notwithstanding the other provisions of this subsection, the following signs are not permitted in the Downtown Zone (DTZ) that front onto Main Street or Center Street:

(a)

Living or human signs.

(b)

Feather flags.

(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.

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)

(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 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)

(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.

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.

(2)

Temporary signs shall be taken down and removed the later of:

(a)

Within seven days after the conclusion of the construction, event, activity, service, product or sale of limited duration that is the subject matter of the sign; or

(b)

Within 30 days after the sign was placed.

(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.

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.

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.

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.

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.

Special provisions related to reader boards on freestanding signs.

(1)

Reader boards will be included in total area allowed for a freestanding sign.

(2)

Letters may be manually attached or electronically remote controlled.

(3)

Periodic changes of messages are allowed; however, boards shall not have flashing, blinking, fading or moving messages of any type.

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.

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.

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.

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.

The Board of Appeals is authorized to condition the grant of any special exception upon signage that is compliant with this section.

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.

§ 112-12 Prohibited uses.

[Amended 1-6-2003 by Ord. No. 2002-31]

Billboards are prohibited in all districts.

Private or public shooting ranges are prohibited in all districts.

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.

Salvage yards of any waste materials, with the exception of recycling facilities for waste construction materials, are prohibited in all districts.

Mobile homes and mobile home courts or parks are prohibited in all districts.

Concrete plants, including but not limited to, concrete manufacturing facilities and ready-mix concrete facilities, are prohibited in all districts.

Asphalt plants, including but not limited to asphalt manufacturing facilities, are prohibited in all districts.

Fertilizer plants and fertilizer manufacturing facilities are prohibited in all districts.

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.

[Added 3-6-2017 by Ord. No. 2016-27[1]; amended 11-6-2023 by Ord. No. 2023-39]

[1]

Editor’s Note: This ordinance also redesignated former Subsections I and J as Subsections J and K, respectively.

Any industry not meeting the standards in § 112-45B of this chapter is prohibited in all districts.

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.

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]

"On-site consumption licensed establishments" as defined in § 112-71 of the Town Code.

[Added 11-6-2023 by Ord. No. 2023-39]

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]

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]

§ 112-13 Storage of inflammable fuels.

[Amended 12-2-2002 by Ord. No. 2002-28]

Storage of compressed gases and liquid fuels shall conform to the following:

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.

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.

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.

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.

§ 112-14 Landscaping/screening requirements.

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.

§ 112-15 Principal uses permitted per lot.

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.

§ 112-16 Essential services exempt.

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).

§ 112-17 Contractor's/lot owner's temporary structures.

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.

§ 112-18 Outdoor lighting requirements and restrictions.

[Amended 2-3-2003 by Ord. No. 2003-4]

Definitions. As used in this section, the following terms shall have the meanings indicated:

BULB

A lamp that produces the actual light.

DIRECT LIGHT

Light emitted directly from, through or off of the lamp, reflector, reflector diffuser, refractor or diffuser lens of a light source.

FIXTURE

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.

FLOOD OR SPOT LIGHT

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.

FOOTCANDLES

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.

FULL CUTOFF

A light fixture which cuts off all upward transmission of light.

FULLY SHIELDED

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.

GLARE

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.

IESNA

Illuminating Engineering Society of North America.

LAMP

A light source, which may include a bulb, that produces the actual light.

LIGHT TRESPASS

Light projected onto a property from a fixture not located on that property.

LUMENS

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.

LUMINAIRE

A complete lighting system, including the bulb, lens, fixture, diffuser and/or reflective enclosure.

OUTDOOR LIGHTING

Nighttime illumination of an outside area or object by any device located outdoors that produces light by any means.

OUTDOOR TEMPORARY LIGHTING

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.

WATT

A unit used to measure the amount of electrical energy consumed by a lamp.

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.

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.

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.

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.

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.

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.

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.

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.

§ 112-19 Front and rear yards.

[Added 6-4-2001 by Ord. No. 2001-5]

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.

(3)

If Subsection A(1) or (2) above does not provide guidance, yard with main entrances or driveways should be considered adjacent to front lot lines.

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.

§ 112-19.1 Wireless facilities.

[Added 1-10-2022 by Ord. No. 2021-18]

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

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.

CO-LOCATE

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.

COMMUNICATIONS SERVICE

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.

FACILITY

Wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator.

MICRO WIRELESS FACILITY

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.

OMNI-DOME ANTENNA

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.

PANEL ANTENNA

A type of directional antenna, sending and receiving signals from only one direction, consisting of a dipole placed ahead of a flat-panel reflector.

PROVIDER

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.

PUBLIC RIGHT-OF-WAY

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.

SMALL WIRELESS FACILITY

A wireless facility that meets the following criteria:

(1)

The structure on which antenna facilities are mounted:

(a)

Is 30 feet or less in height, including existing antennas; or

(b)

Is not extended to a height of more than 30 feet or by more than 10% above its preexisting height, or whichever is less;

(2)

Each antenna associated with the deployment, excluding the associated equipment, is not more than three cubic feet in volume;

(3)

All other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration under federal law; and

(5)

The facility does not result in human exposure to radio frequency radiation in excess of applicable safety standards under federal law.

SUPPORT STRUCTURE

A structure other than a pole or a tower to which a wireless facility is attached at the time of the application.

UTILITY POLE

A tall pole, usually constructed of wood, used to carry telephone wires, electrical wires and other utility lines above the ground.

WIRELESS FACILITY

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.

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.

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.

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.

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.

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.

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.

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.