Chesapeake Beach City Zoning Code
ARTICLE V
Dimensional Requirements
§ 290-19 Tables; requirements; exceptions.
[2-16-2006 by Ord. No. O-06-3; 10-11-2006 by Ord. No. O-06-12; 2-7-2007 by Ord. No. O-06-17; 9-11-2008 by Ord. No. O-08-7; 11-17-2022 by Ord. No. O-22-12; 1-15-2015 by Ord. No. O-14-21; 3-16-2023 by Ord. No. O-23-2; 7-20-2023 by Ord. No. O-23-16; 5-15-2025 by Ord. No. O-25-5]
A.
Tables of dimensional requirements. The regulations for each district pertaining to minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum height, and minimum required yards shall be as specified in the Table of Dimensional Requirements set forth below.
Zoning Districts | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
R-LD | R-MD | R-HD | RV-1 | RV-2 | NC | TC | PC | MC | RC | ||
A. | Minimum lot size (square feet except where noted) | 10,000 | 7,500 | 5,000 | 7,500 | 7,500 | 7,500 | 7,500 | 7,500 | 7,500 | 20 acres |
B. | Average minimum lot area per dwelling unit (square feet)2 | — | — | 2,500 | 6,000 | 5,000 | n/a | 7,500 | n/a | n/a | n/a |
C. | Minimum lot width (feet)3 | 75 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 150 |
D. | Minimum front yard setback (feet) | 15 | 15 | 15 | 15 | 15 | 10 | 10 | 10 | 10 | 25 |
E. | Minimum side yard setback (feet) | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 75 |
F. | Minimum rear yard setback (feet) | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 25 |
G. | Minimum open space | 40% | 35% | 35% | 35% | 35% | 20% | 20% | 20% | 20% | 85% |
H. | Maximum building height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
Notes: | |
|---|---|
1 | Lot areas must conform to State and County Health Department requirements. |
2 | The average lot area of all dwellings on the lot shall equal or exceed that set forth above, provided that not lot is created with a lot area less than 2,000 square feet. Dwellings in the TC District are permitted within a building in combination with a permitted commercial use. |
3 | The minimum lot width for lots with single-family dwellings without public water and sewer is 100 feet. |
4 | For buildings in the designated 100-year floodplain, the building height may be measured from the flood protection elevation as defined in the Floodplain Management Ordinance (Chapter 149, Town Code). |
B.
Buffer requirements for waterfront lots.
(1)
All waterfront lots created after the date of the Town Critical Area Protection Program approval shall establish a minimum one-hundred-foot Buffer from the mean high water line, all tributary streams, and from the edge of all tidal wetlands, and a twenty-five-foot buffer from the edge of all nontidal wetlands in the Critical Area District, except as provided in other provisions of this chapter relating to Buffer areas in the Town's Critical Area Ordinance. The Buffer areas established hereunder shall be expanded 10 feet for a building restriction line, unless otherwise established on a project-by-project basis.
(2)
The Buffer shall be expanded beyond 100 feet to include contiguous, sensitive areas, such as steep slopes, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments. In the case of contiguous slopes of 15% or greater, the Buffer shall be expanded four feet for every 1% of slope, or to the top of the slope, whichever is greater in extent.
C.
Lot area or yards required. The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
D.
Exceptions to minimum lot sizes and lot widths.
(1)
If two or more adjoining lots of record, one or both of which fail to meet the requirements of this chapter with regard to lot area and/or lot width, have continuous frontage and are in single ownership at any time after the application of the provisions of this chapter to such lots, and if such lots taken together would form one or more lots, each meeting the requirements of this chapter with regard to lot area and lot width, such lot or lots shall no longer be considered nonconforming, and must be used in compliance with the lot area and lot width requirements, irrespective of subsequent changes in ownership.
(2)
In any district in which single-family dwellings are permitted, subject to the provisions of Subsection D(1) above, if a lot which is of record prior to May 26, 1972, is insufficient as to lot area or lot width, a single-family detached dwelling may be constructed on such lot regardless of the requirements of this chapter with regard to lot area, lot width and setbacks, but conforming to all other regulations of the district in which such lot is located and provided that:
(a)
All health requirements are met;
(b)
In no case shall any side yard be less than 10% of the width of the lot;
(c)
Within the Residential, Medium-Density (R-MD) Zone in such instances where the side yard setback required under Subsection A is reduced by the operation of Subsection D(2)(b), the maximum building height shall be the higher of 25 feet or the maximum height of any structure on an adjoining property on the side yard for which the setback was reduced. If both side yard setbacks are reduced under Subsection D(2)(b), and there is a structure on both of the adjoining lots on either side of the lot to be developed, then the maximum height limitation shall be higher of 25 feet or the average of the maximum height of the two adjoining structures. The height limitations of this section shall apply notwithstanding the maximum building height provided for by Subsection A, but shall only apply if the property owner takes advantage of the reduction in side yard setback(s) under Subsection D(2)(b).
(d)
In no case shall the depth of the rear yard be less than 10 feet.
(3)
On any nonconforming lot within any district in which single-family dwellings are permitted, a property owner may replace a single-family detached dwelling with another single-family detached dwelling without regard to the setback standards of § 290-19A, provided the following conditions are satisfied:
(a)
The application for construction of the new dwelling shall be submitted at the same time as the application for demolition of the existing dwelling.
(b)
The replacement dwelling is located on the same footprint as the dwelling to be demolished or no closer at any point to any side, front, or rear property line than the existing dwelling.
(c)
The height of the replacement dwelling shall be no greater than the dwelling to be demolished, except that only such additional height as may be required to adhere to the flood protection elevation as defined by the Town's Floodplain Management Ordinance[1] is allowable up to but not exceeding the maximum building height required by § 290-19A.
(d)
Upon receipt of an application under the terms of this section, the Zoning Administrator shall send written notice by certified mail to the owners of property contiguous to and immediately across the street from the subject property. Such written notice shall provide such owners 10 days to submit written comments on the proposed plan prior to any decision on the application.
E.
Front yard reduction. When there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected, where both such existing buildings have an alignment nearer to the street line than the required front yard depth elsewhere specified in this chapter, and when both such existing buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard depth onto which the proposed building is to be erected, provided that the above reduction shall not apply to any special exception uses or to any construction in Buffer Areas.
F.
Permitted projections into required yards.
(1)
Covered porches and decks over 35 square feet or decks, whether covered or uncovered, shall not be permitted in the setbacks required by Subsection A of this section.
(3)
Subject to Subsections J and M of this section, in any district where single-family attached dwellings or townhomes are permitted, with respect to a single-family attached dwelling or townhome that was constructed prior to November 21, 2024:
(a)
The provisions of Subsection A, item E, "Minimum side yard setback," and item F, "Minimum rear yard setback," of this section shall not apply to an uncovered deck or a porch less than 350 square feet in area, provided that:
(b)
Notwithstanding the provisions of Subsection F(3)(a), no deck or porch shall be permitted in the front yard setbacks.
(c)
Notwithstanding the provisions of Subsection A, item G, "Minimum open space," the required open space for a single-family attached dwelling or townhome that was constructed prior to November 21, 2024, may be reduced with respect to uncovered decks of 350 square feet or less on lots that abut permanent open space in common ownership of the owners of the adjacent lots, provided that:
G.
Fences and walls. Subject to Subsection J of this section, the provisions of Subsection A of this section shall not apply to fences or walls that are less than six feet above the natural grade, or to terraces, steps, or other similar features not more than three feet higher than the floor level of the ground story.
I.
Accessory buildings in side and rear yards.
(1)
Completely detached accessory buildings may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line.
(2)
In R-LD, R-MD, R-HD, RV-1, RV-2, and RPC Districts, self-supporting decks of less than 500 square feet may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line. A deck is self-supporting if it is not reliant upon a connection to the dwelling for structural support.
(3)
No outdoor storage shall take place in the required front yard, parking or loading areas, or in the Buffer or any other buffer area unless otherwise permitted in this chapter.
J.
Front and side yards of corner lots. On a corner lot, the street side yard shall equal the required front yard for lots facing that street.
K.
Rear yard requirements for triangular lots. In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front line shall be at least twice the rear yard setback specified in Subsection A.
L.
Traffic visibility across corners. On any corner lot, no wall, fence, or other structure shall be erected or altered, or no hedge, tree, shrub, or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view. Visual obstructions shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line 25 feet from the intersection of said street lines.
M.
Walls not parallel to lot lines. Where a wall of a building is not parallel with its corresponding lot line, the required width or depth of any yard on that side of the building shall be taken as the average width or depth, provided that said yard shall not be narrower at any point than 3/4 of the required width or depth.
N.
Height exceptions to maximum regulations.
(1)
Church spires, chimneys, antennas, and other structures normally built or located above the roof and not devoted to human occupancy may exceed the height regulations of the district in which they are located by one foot for every one foot of setback of the structure (e.g., chimney, spire) from the closest side lot line.
O.
Design standards for townhouses and multifamily developments of three or more dwelling units.
(1)
Setbacks between buildings.
(a)
Purpose. The purpose of setbacks is to ensure that residents in the community and surrounding area will receive sufficient light and air and will be able to maintain privacy and freedom from disturbances within the area. However, the strict application of setback requirements can discourage innovation and promote unnecessarily monotonous site designs. Therefore, flexibility is incorporated into the following provisions in order to enable designers to address the problems of light, air, privacy and freedom from disturbance from traffic and neighbors through the use of techniques other than setback requirements.
(b)
Basic requirements for building-to-building setbacks in townhouse and multifamily buildings:
Description | Setback (feet) |
|---|---|
Front building to front building | 35 |
Rear building to rear building | 50 |
Side building to side building | 60* |
Front building to rear building | 75 |
Front building to side building | 50 |
Rear building to side building | 30* |
Corner to corner | 30 |
NOTE: | |
* | A break between blocks of five or fewer units may be reduced to a minimum of 15 feet, if the Planning Commission finds the reduction is necessary to achieve better overall design or an improved arrangement of open space. |
(2)
Exceptions. If all the following conditions are met, building-to-building setback requirements may be modified:
(a)
The Planning Commission finds that the reduction of building-to-building setbacks enhances open space for screening, buffering, or common use of the site, and is in compliance with Subsection M(1)(a).
(b)
Private outdoor spaces, if provided, are visually screened from each other and from public travel ways (vehicular and pedestrian) to a height of at least four feet. (To qualify, screening must be permanent, year-round and require little to no maintenance.)
(c)
Windows of individual units do not directly face each other unless a minimum of 25 feet is provided between windows.
(d)
At least one wall of each unit is provided with windows looking onto a space at least 50 feet square (50 feet by 50 feet).
(e)
Each unit is designed to ensure adequate ventilation.
(f)
No distinction is made, in terms of exterior siding and trim, between fronts, sides and rears of buildings.
(g)
The Calvert County Fire Marshal has reviewed the plan showing the proposed building-to-building setbacks and has no adverse comments.
(3)
(4)
Building setback from adjacent property.
(a)
Purpose: to protect the privacy of existing residents; to provide a visual transition between different housing densities and to help ensure compatibility with the existing character of the neighborhood.
(b)
The minimum setback to any front, side, or rear lot line shall equal the height of the building, or 30 feet, whichever is greater. If variable roof heights are utilized, the average height of the building at the boundary to adjacent property shall be used to establish minimum setbacks.
(c)
Exception. The setback from front, side, or rear lot lines may be reduced to the minimum allowed in the zoning district where the project is proposed if the Planning Commission finds that the compatibility standards in § 290-22.1 are met and the reduction has no adverse impact on neighboring properties.
(5)
Size and scale and building mass.
(a)
To avoid monotonous linear development, townhouse and multifamily developments shall be in small clusters designed as neighborhood units. A cluster shall not include more than 50 dwelling units.
(b)
The number of townhouse units in a block shall be limited to a maximum of six units.
(c)
The number of dwelling units in a multifamily building within the RV-2 District shall be limited to eight units except that the Planning Commission may approve a building with more than eight units, up to the maximum otherwise allowed by this chapter, upon a third-party evaluation of architectural design compatibility as authorized in § 290-22.1C(4) of this chapter.
(d)
Offsets at party walls and/or front and rear facades and/or similar devices are required to visually reduce building mass and create individualized spaces (courtyards, seating areas, etc.) for both townhouse and multifamily projects.
(e)
Each story of the end units of a townhouse block or the side of a multifamily building shall be articulated with windows and projections (such as porches, bay windows, balconies, etc.) to avoid monotonous blank walls.
(f)
Each unit of a townhouse development shall be provided with accessory structures such as front porches, rear decks, patios, and fencing that provide a unified presentation for the overall development project and these shall be provided at the time of initial project development.
(g)
To provide privacy, security, and safe play areas, each individual townhouse unit will include rear and side yard fencing that shall be compatible with any boundary fencing of the development.
(h)
Along with the required site plan, the developer shall submit a landscape design plan prepared by a registered landscape architect for Planning Commission approval which shall provide for an organized and unified development and include renderings of proposed trees and shrubs at full maturity.
(i)
The development shall provide variety in the architecture to add interest and character and use high-quality building materials to contribute to sustained quality and sense of permanence.
(j)
The development shall provide variety in the roof form, mass, shape, and material changes to create variations in planes.
(k)
In areas with a relatively smaller scale character, the upper levels of townhouse and multifamily buildings shall be stepped down to bring them into compatibility with smaller scale buildings.
(l)
The development of larger complexes shall feature variations in roofline, balcony placement, windows, and chimneys and where units are clustered in one structure, they should have varying front setbacks, staggered roof planes, and variety in orientation.
(m)
All roofs of townhouse and multifamily buildings shall be sloped in a manner compatible with structures in the neighborhood but shall not be less than 15%.
(6)
Parking.
(a)
Purpose: to ensure parking areas do not monopolize the overall site development, that their impervious surfaces are minimized to only that necessary, and they are integrated into the overall project design.
(b)
Parking shall be located at the rear or interior of a development site where possible and the placement of parking lots that front the street shall be avoided, but, if approved, any portion of a street-fronting parking area shall be set behind a minimum ten-foot-wide landscaping strip and screened from the street.
(c)
Deciduous shade trees shall be planted, in protected parking lot planting beds sized for the trees' mature sizes, at a minimum ratio of one tree per seven parking spaces.
(d)
Multifamily and townhouse developments must include 2.5 parking spaces per dwelling unit in addition to any required handicap accessible parking spaces. If the Planning Commission finds that the specific occupancy of the proposed project warrants a reduction in parking, the requirement may be reduced.
(e)
On-site guest parking must be included in all multifamily and townhouse developments with three or more housing units at a ratio of a minimum of one space for every six parking spaces.
(f)
Tandem parking spaces are prohibited in townhouse and multifamily developments.
(g)
Where on-street parking is readily available, after accounting for existing use, or where such parking could be provided or enhanced through developer improvements to the public street, the Planning Commission may permit a commensurate reduction in the on-site parking requirements that otherwise would have applied.
(h)
Snow storage areas shall be provided for snow cleared from parking and driveway surfaces.
(i)
Townhouse or multifamily developments may allow for surface parking or for parking below grade but shall not provide parking in a structure above grade level.
(j)
For multifamily structures, parking at grade level may occupy no more than 50% of the building's footprint.
(7)
Pedestrian accessibility.
(a)
Purpose: to promote walking and connectivity between housing developments and their neighborhoods, and to ensure the safest and most convenient routing for occupants and visitors including children and individuals with disabilities.
(b)
Buildings shall present a facade that encourages interaction between the buildings and the street by including entry features, windows, and landscaping along the street sides of the building.
(c)
Sites shall have obvious and direct pedestrian accessways between building entrances and adjacent streets/sidewalks, parking areas, and open space features.
(d)
Front yards shall include an entrance sequence between the sidewalk and the building including elements such as lawn, landscaped borders, low fences and hedges, shrub plantings along the building wall and porches.
(e)
Fences, signage, gates, bollards, planted areas, and topography shall be used to assist and guide users in navigating the site in a prescribed manner while similarly impeding or discouraging undesirable movements within the property.
(f)
Development projects shall design and install a public sidewalk along the full street frontage(s) of the site under the terms of a Town public works agreement. The developer may be required to dedicate land or pedestrian easements to the Town to meet this requirement.
(8)
Lighting.
(a)
Purpose: to ensure site lighting provides a safe and secure housing community that respects the ambient light level conditions and character of the neighborhood, and prevents glare, excessive light levels and the intrusion of illumination from the site.
(b)
Photometric plans shall be provided for the entire site documenting the proposed horizontal illumination on the site and the vertical light trespass around the perimeter of the site. The plan shall reflect adherence to the guidelines and recommendations of the Illuminating Engineering Society of North America (IESNA) lighting handbook (most current edition).
(c)
Parking areas and entry drives shall be illuminated to facilitate pedestrian movement, safety, and security.
(d)
Pole lighting shall be placed to achieve maximum energy efficiency, have a maximum height of 14 feet, and shall be shielded from the sky (full-cutoff).
(e)
Pedestrian-scaled lighting (such as bollard lighting, step lighting and pole-mounted lighting) shall be provided for all on-site walkways.
(f)
Accent and architectural lighting shall be used to highlight special focal points such as building and site entrances and signage.
(g)
Building lighting may be placed on the side or rear of a multifamily building only but shall be located below the eave line and no higher than 14 feet from grade and shall be shielded from the sky (full-cutoff), glare free, and shielded from adjacent properties.
(h)
Details and specifications on all site lighting fixtures and poles shall be provided with the site plan and shall demonstrate that the proposed lighting is architecturally integrated with the building style, material, and colors.
(9)
Sustainability.
(a)
Purpose: to promote housing in arrangements and designs that maximize energy efficiency and minimize impact to area water quality.
(b)
Site lighting fixtures shall be energy efficient, shall utilize LED lamps for energy efficiency and long lamp life, and have photosensitive timers.
(c)
Building orientation: Whenever practicable, building shall be oriented within 20° of north/south axis, with 90% of south facing glazing shaded from the sun at 12:00 noon on June 21 with overhangs, awnings, vegetation, or automated shading devices, and unshaded from the sun at 12:00 noon on December 21.
(d)
To the extent practicable, the floor plan of dwellings shall be oriented on an east/west axis with daytime living portions related to the sun to capitalize on natural light and passive solar heat.
(e)
The site's stormwater management system shall be designed with an emphasis on stormwater infiltration, bioretention, and open channel conveyance, with as little conventional piped conveyance as possible.
(10)
The minimum tract size for townhouse or multifamily developments shall be 20,000 square feet.
P.
Common open space requirements.
(1)
Purpose. Common open space shall be provided within all future residential developments to preserve, protect and enhance the quality and value of developed lands; promote the preservation of natural and scenic areas; protect sensitive natural resource areas; for the natural retention of stormwater and floodwaters; and to promote access to light, open air, and recreational opportunities for the health and public welfare of residents.
(2)
Identification. Common open space shall mean landscaped or undeveloped land used for outdoor active and passive recreational purposes or for critical area or resource land protection, including structures incidental to these open space uses, including required buffers, but excluding land occupied by structures or impervious surfaces not related to the open space uses and yards required by this chapter.
(3)
A minimum of 1,000 square feet per housing unit of common open space shall be provided, and no less than 75% of such open space shall be improved as a recreational area.
(4)
For any proposed development of 10 dwelling units or greater, the development plans shall provide details on the recreational amenities to be constructed or installed by the developer in the common open space for Planning Commission approval; such amenities shall be suited to the needs of the residents of the development.
(5)
Common open space shall be owned and maintained by a homeowners association or similar entity.
(6)
No part of the common open space requirement of this section shall be satisfied through a payment of a fee-in-lieu of providing that space.
(7)
The common open space requirement of this section applies to developments with three or more housing units.
§ 290-20 Parking and loading.
A.
General regulations applying to required off-street parking facilities.
(1)
Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
(2)
Changes in requirements.
(a)
Whenever there is an alteration of a structure or a use which increases the parking requirements according to the standards of Subsection B, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of that subsection.
(b)
No open space in an automobile parking compound shall be encroached upon by buildings, storage or any other use; nor shall parking space be reduced in area, except upon approval of the Zoning/Public Works Administrator and then only after proof that, by reason of reduction in floor area, meeting area, or other factors controlling the regulation of such parking facilities, the proposed reduction in off-street parking space is reasonable and in accordance with the standards of Subsection B.
(3)
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
(4)
Continuing character of obligation. All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner of the particular uses to assure the availability of required facilities to the customers, employees, or other persons whom the facilities are designed to serve.
(5)
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. If one parking lot serves several businesses with different parking characteristics or businesses that operate with different hours, the total number of parking spaces may be reduced by 20% by the Planning and Zoning Commission.
(6)
Fractional spaces. Where the computation of required parking space results in a fractional number, only the fraction of 1/2 or more shall be counted as one.
(7)
Location of parking space. Required off-street parking spaces shall be on the same lot or premises with the principal use served or, where this requirement cannot be met, within 400 feet of the principal use served within the same district or on a lot abutting a Commercial District subject to the requirements of Article III, § 290-9. Parking for private residences in residential districts shall not be located within the front setback area between the principal structure and the street. A parking space in a garage or enclosed carport shall not be counted toward complying with the parking requirement for residential dwellings.
(8)
Off-street loading and unloading.
(a)
Off-street loading and unloading shall be provided especially and specifically for the following purposes:
(b)
Dimensions of off-street loading and unloading areas. Each area shall have the following minimum dimensions, exclusive of driveways, entrances and exits:
(d)
The Planning and Zoning Commission may reduce by 20% any or all of the requirements of this subsection or increase the minimum requirements of this subsection when the public health, welfare and safety of the Town or the Town's citizens or the peculiar circumstances of the site so require.
(9)
Pedestrian and vehicular flow.
(a)
Site access.
[1]
Sites shall be designed to provide proper site access to ensure traffic safety, pedestrian safety, and alleviate traffic congestion.
[2]
The Planning and Zoning Commission may approve or require one or more than one additional accesses if access is deemed to be significantly beneficial to the safety and operation of the road or the site or in the instance of one access if only one access approach would be a safety hazard or increase traffic congestion.
[3]
The Planning and Zoning Commission may approve or require additional access when the parcel is bisected by steep slopes in such a manner as to render some portion(s) of the property inaccessible without additional road access.
[4]
In the event that the Planning and Zoning Commission requires more information to determine traffic safety, pedestrian safety and traffic congestion, the Planning and Zoning Commission may require additional information from the applicant, including, but not limited to, a traffic study.
(b)
Vehicular flow (on-site). Sites shall be designed to prevent awkward or dangerous vehicular flow.
[1]
If a parking lot is adjacent to a road, a five-foot-wide median must be provided. Exceptions to this rule may be in width or eliminating the median in instances where the Planning and Zoning Commission determines that a median or the width of the median is not feasible.
[2]
Room must be available to allow vehicles to back out of parking spaces. Space for maneuvering incidental to parking shall not encroach upon any public way.
(e)
The Planning and Zoning Commission may reduce by 20% any or all of the requirements of this subsection or increase the minimum requirements of this subsection when the public health, welfare and safety of the Town or the Town's citizens or the peculiar circumstances of the site so require.
B.
Table of parking requirements. Parking spaces shall be provided in accordance with the following schedule and subject to conditions contained in Article III, § 290-11. In all zones, either space for parking and storage of vehicles shall be provided or the applicant shall demonstrate to the satisfaction of the Planning and Zoning Commission that adequate parking is provided. Table 2 illustrates the uses and parking space requirements:
Table 2 | ||||
|---|---|---|---|---|
Land Use Classifications | Parking Space Requirement | |||
Residential Uses | ||||
1. | Single-family detached | 2/dwelling unit | ||
2. | Single-family attached | 2/dwelling unit | ||
3. | Townhouse dwelling | 2/dwelling unit | ||
4. | Multifamily dwelling | 1.5/dwelling unit | ||
5. | Dwelling, accessory | 1/dwelling unit | ||
6. | Dwelling unit in combination with commercial use | * | ||
Institutional, Recreational and Educational Uses | ||||
7. | Churches and other places of worship, provided housing for religious personnel shall meet the minimum requirements of Uses 1 through 4 as applicable. | 1/4 seats in main assembly hall | ||
8. | Public/Private schools | 1/5 students + 1/staff** | ||
a) | Elementary school | 3/teaching station | ||
b) | Middle school | 3/teaching station + 1/6 seats in main assembly hall | ||
c) | High school | 3/teaching station + 1/4 seats in main assembly hall | ||
9. | Home day care | 1/staff | ||
10. | Day-care center, nursery school, kindergarten or other agency giving care to persons as a commercial operation | 3/classroom | ||
11. | Professional school, studio for music or art instruction, dancing school, similar | 1/5 students | ||
12. | Library, museum, community center, adult education center or similar open to the public or connected with a permitted use and not conducted as a private business | 1/500 square feet of gross floor area (GFA) + 1/staff | ||
13. | Public building or recreational facility owned and operated by Chesapeake Beach or other government agency | * | ||
14. | Private club, lodge, dining club, yacht club not run as a private gainful business | * | ||
15. | Orphanage, nursing home, or other licensed establishment for the care of aged, disabled, or convalescent persons, etc. | 1/5 beds + 1/staff | ||
16. | Group home | * | ||
Office and Commercial Uses | ||||
17. | Professional office in residence, physician, architect, lawyer, similar | 2/professional | ||
18. | Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto | 2/examining room | ||
19. | Therapeutic massage | * | ||
20. | Offices for business, professional, or governmental purposes | 1/400 square feet GFA | ||
21. | Artist's or photographer's gallery, studio | 1/500 square feet GFA | ||
22. | Retail establishments carrying one type of interrelated goods, such as bookstore, gift shop, florists shop, etc.; adult bookstore prohibited | 1/350 square feet GFA | ||
23. | Retail convenience stores and retail establishments carrying commodities which tend to be purchased on a comparison basis, such as food supermarket, department store, discount store, pharmacy, etc. | 1/250 square feet GFA | ||
24. | Personal services, including barbershops, salons, laundry, dry cleaning (receiving stations), shoe repair, travel agency, insurance, real estate, repair shop for bikes, watches, locks, etc. | 1/250 square feet GFA | ||
25. | Financial service, bank | 1/300 square feet GFA | ||
26. | Business services, printing, copying, contractors shop, plumbing shop | 1/400 square feet GFA | ||
27. | Appliance and furniture repair, upholstery | 1/400 square feet GFA | ||
28. | Restaurant; drive-up/drive-through windows at fast-food restaurants are prohibited | Equal to 30% of the legal seating/standing capacity of persons | ||
29. | Tavern, nightclub | Equal to 30% of the legal seating/standing capacity of persons | ||
30. | Bed-and-breakfast establishment | 1/unit | ||
31. | Rooming house, boardinghouse, lodging house | * | ||
32. | Motel, hotel, tourist home | 1/unit + 1/staff | ||
33. | Entertainment and recreation facilities operated as a business within a building, with the exception of an adult bar, restaurant, or nightclub | 1/250 square feet GFA | ||
34. | Outdoor entertainment and recreation facilities operated as a gainful business | * | ||
35. | Animal hospital, veterinarian clinic | 1.5/examining room | ||
Automotive and Boat Service Uses | ||||
36. | Nonresidential parking area located in a residential district | * | ||
37. | Automotive service station | 1/pump + 1/service bay + 1/staff | ||
38. | Sale or rental of automobiles | 1/300 square feet GFA | ||
39. | Repair garage, including paint spraying and body and fender work or car washing facility | 1/service bay + 1/staff | ||
40. | Marina, including fuel service for watercraft, boat storage and repair yard, boat sales and service | 3/5 boat slips; 5/boat ramp + 10/boat ramp (overflow-grass permitted) | ||
Utilities, Communications, Transportation | ||||
41. | Transformer station, structure housing switching equipment and regulators, power transmission line right-of-way, radio, television transmitter tower, cellular tower, etc. | * | ||
42. | Bus station, intermodal transit center | * | ||
Industrial Uses | ||||
43. | Light industrial uses | 1/2 staff | ||
44. | Water-dependent processing, fishing activities | 1/2 staff | ||
45. | Warehousing and storage in association with marine commercial activities | 1/1,500 square feet GFA | ||
Unclassified Uses | ||||
46. | Customary home occupation (1 employee) | N/A | ||
47. | Home occupation (maximum 2 employees) | 1/staff + 3/physician or dentist | ||
48. | Garage, yard, estate sale | N/A | ||
49. | Carnival or similar transient enterprise | * | ||
50. | Temporary building incidental to construction | N/A | ||
51. | Dwelling for resident watchman | N/A | ||
C.
Design standards.
(1)
The minimum dimensions of stalls and aisles shall be as follows:
(b)
Compact stalls. If more than 20 spaces are required, the owner/applicant may designate up to 20% of the spaces as compact spaces, with a minimum width of eight feet and length of 17 feet, subject to the Planning and Zoning Commission's approval.
(c)
Handicap stalls. All uses shall provide handicap spaces at a rate of one per each 25 required parking spaces or part thereof. Handicap spaces are to be 12 feet wide by 18 feet long.
(d)
Boat ramp stalls. Spaces accompanying boat ramps shall be at least 12 feet by 40 feet.
(2)
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle.
(4)
In no case shall parking areas for three or more vehicles be designed to require or encourage cars to back into a public or private street in order to leave the lot.
(5)
Parking areas associated with public, semi-public, commercial, or industrial use shall have an all-weather surface designed to prevent dust, erosion, or excessive water flow across streets or adjoining property. All parking shall be located on a parking surface approved by the Public Works/Zoning Administrator.
(6)
All lighting used to illuminate any parking space or spaces shall be arranged so as not to cause a glare into abutting lots.
(7)
Establishments with drive-in facilities may, upon the approval of the Planning and Zoning Commission, substitute stacking spaces on a one-for-one basis for required parking, provided that a minimum of six parking spaces are provided and the stacking is designed so as to not impede normal vehicular flow on- or off-site.
(8)
All off-street parking lots and their access drives shall be at least 10 feet from any principal building;
(9)
No off-street parking aisle for motor vehicles shall exceed 180 feet in length. Separate parking areas on a lot shall be physically separated from one another, except for access drives or streets, by eight-foot planting strips.
(10)
All parking facilities and site amenities shall comply with the requirements of the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990 regarding facilities for the handicapped.
D.
Off-street loading spaces required. In any zone in connection with every building or part thereof, having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display or sales, mortuary, or other uses similarly requiring the receipt and distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building or use at least one off-street loading space plus one additional such loading space for each 10,000 square feet of gross floor area or major fraction thereof. Each loading space shall be not less than 10 feet in width, 45 feet in length, and 14 feet in height. Such space may occupy all or any part of any required yard or court, except a front yard. No such space shall be located closer than 50 feet to any lot located in any R-LD, R-MD, R-HD RV-1 or RV-2 District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
[Amended 3-16-2023 by Ord. No. O-23-2]
E.
Minimum bicycle parking requirements by land use. Bicycle parking shall be provided in accordance with the following schedule. In all zones, either space for parking and/or storage of bicycles shall be provided or the applicant shall demonstrate to the satisfaction of the Planning and Zoning Commission that adequate bicycle parking is provided for.
Land Use | Bicycle Parking Space Required | |||
|---|---|---|---|---|
Boardinghouses | 2, or 1 per 10 units | |||
Bed-and-breakfast, hotels, motels | 2, or 1 per 25 employees | |||
Retail sales, service operations | 2, or 1 per 5,000 square feet GFA | |||
Office buildings | 2, or 1 per 5,000 square feet GFA | |||
Museums, libraries, similar | 4, or 1 per 3,000 square feet GFA | |||
Churches, similar | 1 per 50 members | |||
Community centers | 1 per 250 square feet GFA | |||
Schools: | ||||
a) | Elementary | 1 per 10 students | ||
b) | Middle and high | 1 per 6 students | ||
Indoor amusement | 4, or 1 per 50 seats | |||
Restaurants, ice cream shops, coffee shops | 4, or 1 per 50 seats | |||
Other commercial industrial/warehousing | 2, or 1 per 50 employees | |||
F.
Design of bicycle parking spaces. Bicycle parking spaces shall be provided in accordance with the amounts required by Section 5-205 and with the design regulations in this section.
(1)
Each bicycle parking space shall be sufficient to accommodate a bicycle at least six feet in length and two feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock, locker, or other storage facilities which are convenient for storage and are reasonably secure from theft and vandalism. The separation of the bicycle parking spaces and the amount of corridor space shall be adequate for convenient access to every space when the parking facility is full.
(2)
When automobile parking spaces are provided in a structure, all required bicycle spaces shall be located inside that structure or shall be located in other areas protected from the weather. Bicycle parking spaces in parking structures shall be clearly marked as such and shall be separated from auto parking by some form of barrier to minimize the possibility of a parked bicycle being hit by a car.
(3)
Bicycle parking spaces shall be located near the entrance of the use being served and within view of pedestrian traffic if possible, and shall be sufficiently secure to reasonably reduce the likelihood of bicycle theft.
(4)
Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture.
(5)
Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least 24 inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.
(6)
Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.
§ 290-21 Landscaping and screening requirements.
A.
Purpose and intent. The purpose and intent of this section is to preserve and promote the health, safety and general welfare of the public; to facilitate the creation of an attractive Town; to conserve natural resources, including adequate air and water; to conserve properties and their values; and to encourage the appropriate use of land. More specifically, this section is intended to make incompatible uses compatible by requiring a screen or buffer between the uses in order to minimize the harmful impact of noise, dust and other debris, artificial light intrusion, and other objectionable activities or impact conducted or created by adjoining or nearby uses. Additionally, this section is intended to require the landscaping of certain parking lots in order to reduce the harmful effects of heat and noise, and the glare of motor vehicle lights; to preserve underground water reservoirs and to permit the return of precipitation to the groundwater strata; to act as a natural drainage system and ameliorate stormwater drainage problems; to prevent soil erosion; and to provide shade and to enhance the blighted appearance of parking lots.
B.
Applicability. The provisions of this section shall apply to all development where site plans are filed in accordance with the provisions of Article VI and to all public and private parking facilities.
C.
Landscaping requirements.
(1)
A landscaping scheme shall be submitted as part of every site plan required by the provisions of Article VI.
(2)
Such landscaping schemes shall include dimensions and distances and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials to be used.
(3)
The landscaping measures shall be completed according to specifications prior to approval of any zoning and occupancy permit.
D.
Screening requirements. All developments for which site plans are filed in accordance with the provisions of Article VI shall be effectively screened on each side that adjoins a residential use. Required screening shall consist of a masonry wall or wooden fence not less than 72 inches high at the time of original planting. Where a masonry wall or wooden fence is utilized, a minimum twenty-four-inch landscaping strip outside the fencing shall be planted with clusters of trees and shrubs with a maximum spacing between clusters of 25 feet.
(1)
The required screening must be seven feet high at installation if the adjacent property is currently residential and if a residence is currently less than 100 feet from the property line.
(2)
The screen shall be capable of providing year-round screening.
(3)
Where noise is likely to be a factor, the screen shall be of sufficient construction to be an effective noise buffer.
(4)
The screening shall be located so as to provide a maximum of visual screening.
E.
Perimeter parking lot landscaping. All off-street parking facilities, whether or not located on the same lot as the use to which they are accessory, containing five or more parking spaces shall meet the following perimeter landscaping requirements:
(1)
A landscaping strip five feet in width shall be located between the parking facility and the adjoining lot lines.
(2)
A minimum of one shade tree for every 40 feet of lot perimeter shall be planted in the landscaping strip. Deciduous shade trees with ground cover or low shrubs shall be used as the primary landscape material.
(3)
On the landscaping strip adjacent to a street right-of-way, or to an R-LD, R-MD, R-HD, RV-1, RV-2 or RPC District, a compact evergreen hedge, an ornamental wall, or a wooden fence of not less than four feet in height or greater than six feet in height is required to reduce the visual impact of the parking facility.
[Amended 3-16-2023 by Ord. No. O-23-2]
F.
Internal landscaping of surface parking facility. Any surface parking facility of 25 or more spaces shall be landscaped with shade trees of not less than 5% of the internal area of the surface parking facility. The internal area of a parking facility is defined by the perimeter of the curbs or edge of paving. The planting area should be wide enough to protect the trees from a vehicle's swinging doors and bumper overhang.
G.
Lighting in parking lots. Any lighting used to illuminate any parking area shall be so arranged as to direct the light away from adjoining premises located in an R-LD, R-MD or RPC Zoning District and from public roads.
H.
Maintenance.
(1)
All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. Fences and walls shall be maintained in good repair.
(2)
The owner, or his agent, shall be responsible for the maintenance, repair and replacement of all landscaping and screening materials as may be required by the provisions of this section.
§ 290-22 Signs.
A. OFF-PREMISES SIGN ON-PREMISES SIGN SIGN
As used in this section, the following terms shall have the meanings indicated:
A sign which directs attention to a business, commodity, service, entertainment, home occupation, or other activity not conducted, sold, or offered on the same lot.
A sign which directs attention to a business, commodity, service, entertainment, home occupation, or other activity conducted, sold, or offered on the same lot. A sign advertising exclusively the sale, lease, rental or development relating to the lot on which it is displayed shall be deemed an "on-premises sign."
Any structure, part thereof, or device attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, direction, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry, which is located upon any land, on any building, in or upon a window, or indoors in such a manner as to attract attention from outside the building.
B.
Intent and exemptions from the terms of this article.
(1)
No sign shall be erected, hung, placed, or painted in any district except as hereinafter provided.
(2)
Tacking, painting, posting, or otherwise affixing of signs or posters of a miscellaneous character on the walls of buildings, barns, sheds, trees, posts, poles, fences, walls, or other structures, except as provided for in this chapter, is prohibited.
(3)
No sign erected before the enactment of these regulations shall be altered in any respect or moved, except in compliance with the provisions of this chapter.
(4)
The residential districts include the R-LD, R-MD, R-HD, RV-1, RV-2, and RPC Districts. The commercial districts include the NC, TC, PC, and MC Districts.
[Amended 3-16-2023 by Ord. No. O-23-2]
C.
Word interpretation. For the purpose of this section and any other sections relating to signs in this chapter, any of the following words are intended to include any tense or to read with the prefix "re-": affix, alter, attach, display, erect, hang, move, paint, paper, paste, place, post, repair.
D.
Area of sign.
(1)
The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.
(2)
The area of a sign painted upon or applied to a building shall be construed to include all lettering, wording, and accompanying designs or symbols, together with any backing associated with the sign.
(3)
Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.
(4)
In computing square foot area of a double-face sign, only one side shall be considered, provided both faces are identical.
E.
Permit requirements for signs. No on-premises sign over four square feet in area and no off-premises sign (except governmental sign) of any size shall be erected, affixed, painted, hung, or otherwise displayed, altered, or repaired, unless a permit therefor has been issued. No permit shall be required for the repainting or repapering of a sign which conforms to the provisions of this chapter. Signs on theaters advertising changes in program shall not require permits except for the initial installation thereof. All signs of any size must comply with all the regulations contained herein, irrespective of whether a permit is required.
F.
Signs permitted in residential districts.
(1)
On-premises signs.
(a)
Official traffic signs and other official federal, state, county or Town government signs.
(b)
A sign indicating the name or number of the building or premises or the accessory use of a dwelling for a home occupation, provided that such sign shall not exceed two square feet in area; and that not more than one such sign shall be erected on a property, unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
(c)
A sign, if illuminated, shall be indirectly lit, and no flashing lights or backlit signs shall be permitted.
(d)
Bulletin or announcement board or identification signs for schools, churches, hospitals, and other principal uses and buildings other than dwellings, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be placed on property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
(e)
Signs advertising exclusively the prospective sale or lease of the land or building upon which such signs are displayed, provided that the area of any such signs shall not exceed six square feet and not more than one such sign shall be placed on a property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage. Such signs shall be removed immediately upon final settlement or renting of a property.
(f)
A temporary sign advertising the development of the property upon which it stands or the opening of a new subdivision, provided that the area of any such sign shall not exceed 100 square feet, that not more than one such sign may be placed on a property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage. Such signs shall be removed immediately upon completion of the development or 18 months after erection of the signs, whichever shall occur first.
(g)
Temporary contractors', architects' or building signs, provided that the area of any such sign shall not exceed 12 square feet. Such signs shall be removed immediately upon completion of the work or 18 months after erection of the signs, whichever shall occur first.
(h)
Traffic control and directional signs not exceeding two square feet in area. Such signs shall not be illuminated, but may be of the beaded reflector type. No advertising matter whatsoever shall be contained on signs of this type.
(i)
Trespassing signs or signs indicating the private nature of a road, driveway, or premises, provided that the area of any such sign shall not exceed two square feet.
(j)
Temporary signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization. Such signs shall not exceed 12 square feet in area and shall be removed not more than five days after the event. Temporary signs shall not be permitted for more than 60 days per year.
(2)
Off-premises signs: official traffic signs and other federal, state, county, or Town government signs.
G.
Signs permitted in the commercial districts.
(1)
On-premises signs.
(a)
All signs permitted in Subsection F at the standards prescribed therein except as otherwise provided in this subsection.
(b)
Signs for permitted nonresidential uses, provided:
[1]
The aggregate area of all signs attached to or printed on a building shall not exceed 10% of the area of the building face to which they are attached and painted or 100 square feet, whichever is less.
[2]
Freestanding signs identifying a single building or its business or a shopping center in accordance with the following schedule:
Total Street Frontage (feet) | Number of Signs Permitted | |
|---|---|---|
1 to 1,000 | 1 | |
Each additional 1,000 | 1 | |
The area of any freestanding sign shall not exceed one square foot for each lineal foot of street frontage occupied by the use on which or in connection with which the sign is to be erected, but in no case shall the area of a sign exceed 100 square feet. | ||
(2)
Off-premises signs.
(b)
Signs used for directing patrons, members, or audience to service clubs, churches, or other nonprofit organizations, provided the signs shall indicate only the name, emblem, meeting hours, address, and direction of the facility, and shall not exceed four square feet in area.
H.
General sign regulations.
(1)
No sign shall project more than three feet above the roof or more than 14 inches out from the wall to which it is attached. Signs not exceeding four square feet in area may be placed perpendicular to a building face if attached to and below a canopy projection from said building.
(3)
Signs shall not exceed the height limit permitted in any district in which they are located. The maximum height for freestanding signs shall be 20 feet.
(4)
Signs shall not obstruct any window, door, fire escape, stairway, or other opening intended to provide light, air, ingress to, or egress from any building or structure.
(5)
No sign shall constitute a public safety and traffic hazard, such as by obstructing traffic signals, road warning signs, street name signs, or the full view of the traffic in all directions. Lighting devices shall be shielded so that they do not shine directly into a public street or highway or into a residential district.
(6)
All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises or the public safety, in the opinion of the Public Works/Zoning Administrator, he/she shall order that such sign be made safe or removed. Such order shall be complied with within five days of receipt thereof by the person, firm, or corporation owning or using the sign or the owners of the building or premises on which such unsafe sign is affixed or erected.
(7)
Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs, if not removed, may be repainted or repaired, provided such repainted or repaired sign does not exceed the dimensions of the existing sign, and provided no change is made in the general wording or content of the sign.
(8)
Signs, including portable and temporary signs, directing patrons, members, or audience to temporary exhibits, shows, or events, are permitted subject to the following requirements:
(a)
No such sign shall exceed 12 square feet in area.
(b)
Signs shall be removed within five days after the date of the exhibit, show, or event.
(c)
No such sign shall be posted earlier than two weeks before the occurrence of the event to which it relates. Signs shall be permitted for more than 60 days per year.
(d)
Failure to remove such signs within the time prescribed shall result in the Town having the sign removed at the owner's expense.
(9)
Signs shall be removed when the business, enterprise, etc. advertised ceases to exist, or at the expiration date specified in the permit for erection; removal shall be the responsibility of the owner of the property on which the sign is located.
(10)
No sign shall have moving parts or project any intermittent or flashing illumination.
(11)
No sign shall be displayed which uses the words "Stop" or "Danger" or presents or implies the need or requirement of stopping or the existence of danger as part of an advertising sign.
(12)
No sign shall be permitted which contains statements, words, or pictures of an obscene character.
(13)
No signs shall be placed on rocks, tree, or on poles maintained by public utilities.
(14)
All portable signs shall be limited as follows:
(a)
Hot air balloons and searchlights are allowed for promotions only, not to exceed 72 hours in a year.
(b)
Pennants and banners (with no words or advertising) are permitted for display periods not to exceed 14 days prior to an event, and not to exceed 30 days per year.
(c)
One sandwich-type (A-frame) sign is permitted per business on premises, subject to the following:
§ 290-22.1 Standards of compatibility.
[Added 7-20-2023 by Ord. No. O-23-17]
A.
Purpose and defining criteria. The purpose of applying standards and requiring findings of compatibility is to ensure that the site plannings, building design, and landscape features of new development complement the neighborhood within which they are proposed. These standards should promote historic and environmental features related to our unique natural setting, as outlined in the Town's Comprehensive Plan. Compatibility is achieved when adjacent land uses differing in function, scale, and intensity complement the surrounding neighborhood.
B.
Applicability.
(1)
The provision of this section shall apply to proposed developments requiring site plan approval.
(2)
In the review of Category 1 site plans, the Planning Commission shall make findings with respect to a development's consistency with the compatibility standards in this section.
(3)
In the review of Category 2 site plans for single-family detached houses, the Planning and Zoning Administrator shall make findings with respect to a development's consistency with the compatibility standards.
(4)
The approving authority shall find that each of the compatibility standards is met prior to approving a site plan.
C.
Administration.
(1)
The Planning Commission shall take into consideration each of the following in its evaluation of compatibility:
(a)
Each standard is accompanied by a statement of explanation to be used by the Planning Commission (or Zoning Administrator) as guidance in applying the standard.
(b)
Some standards may have greater importance and appropriateness to particular development sites and surrounding conditions than other standards.
(c)
In this section the term "neighborhood" means the area adjacent to and extending from the proposed development site to a definable boundary, which may be a major street, an area of significant land use change, or a major natural feature that visually separates one area from another. The Planning and Zoning Administrator shall provide the Planning Commission with a recommendation as to the boundaries of the neighborhood for the application of the compatibility standards.
(d)
Neighborhood context is essential for the application of the standards but the absence of a specific precedent for a proposed development project within the neighborhood shall not be a basis for discounting the standard or for finding the developer has not met the standard.
(2)
Compliance with compatibility standards shall not be grounds for failing to meet the minimum development requirements and other regulations of this zoning ordinance.
(3)
Upon establishing findings with respect to each compatibility standard, the Planning Commission may direct that revisions be made to the proposed development for its further review and may approve a site plan on the condition that such revisions be made.
(4)
For any multifamily housing development with greater than eight units in a building, or any nonresidential building exceeding 10,000 square feet in size, the Planning Commission is authorized to retain the services of a third-party architectural design review by a Maryland registered architect of the project's adherence to the compatibility standard in Subsection D(6) below; the cost of such review shall be borne by the developer.
(5)
Every application should include a thorough analysis of existing conditions on and adjacent to the site. Analysis should include a careful evaluation of physical properties, special issues at the location, neighboring environment, natural features, and visual character.
D.
Compatibility standards. The development of a property shall be designed to achieve the following compatibility standards and the Planning Commission shall establish written findings with respect to each of them:
(1)
The general arrangement and orientation of proposed building(s) and site improvements are patterned in a similar manner and in harmony with those in the neighborhood.
(a)
Explanation statement for administrative guidance: The development patterns of a neighborhood are characterized by street layout, lot size and configuration, building orientation, natural terrain, and vegetation (most notably trees). New developments should respond to and integrate such components from the neighborhood into the site design and continue established street patterns by connecting street where possible, arrange lots and building layouts to reflect adjacent buildings, and incorporate natural terrain, vegetation, and pleasant views.
(2)
Building and parking layouts reinforce existing building and streetscape patterns and assure that the placement of buildings and parking lots have no adverse impact on the neighborhood.
(a)
Explanation statement for administrative guidance: A neighborhood street provides an organization of building forms and open spaces that create predictable patterns referred to here as "rhythm." Such rhythm is created by the intervals between buildings and open spaces and is thus influenced by the length of buildings, the width of side yards, and the placement of open areas. The established rhythm should be protected to the extent possible and, where variations in the rhythm might occur through the placement of different building forms or open spaces, transitions should be gradual. Transitions from one rhythm to another should not disrupt the overall appearance of the neighborhood as seen along the street.
(3)
The open spaces of the proposed development reinforce the open space patterns of the neighborhood in form and siting and complement existing open spaces, parks, forested buffers, and preserved spaces.
(a)
Explanation statement for administrative guidance: Open spaces on a development site can reinforce the neighborhood's arrangement by providing a focal point or landscape setting for significant structures, views, or activities, by containing recreational features, or by connecting the project to the larger neighborhood through green spaces or a community trail buildings, parking lots, and circulation routes on a site can be organized to create meaningful on-site open spaces and landscape areas that enhance design quality and integrate the site into the neighborhood.
(4)
Significant features of the site including but not limited to distinctive buildings, forested buffers along roadways, or scenic vistas are elements to be preserved in the design of sites, not to be obstructed or minimized through the placement of buildings, structures, or vegetation.
(a)
Explanation statement for administrative guidance: Prominent buildings and site features provide reference points and contribute to the overall aesthetic quality and identity of a neighborhood. These may be located on the development site itself or may be viewable through the site. Either way, significant features should be incorporated into the proposed site design and retained to the greatest extent possible.
(5)
The proposed landscape design complements the neighborhood's landscape and streetscape patterns and reinforces its functional qualities.
(a)
Explanation statement for administrative guidance: The term "landscape" here means the visible features of an area and how they integrate with natural areas, streets, and buildings. In considering landscape, such factors as the patterns of front lawns, the buffering of buildings with vegetation, the amount of open space on lots, the density and placement of trees and shrubs on a lot, the use of foundation plantings along buildings, and use of street trees. A neighborhood may have a landscape appearance that distinguishes it from other areas. The use of species is recommended in the landscape design.
(6)
The proportions, scale, massing and detailing of the proposed buildings are in proportion to those existing in the neighborhood such that the overall effect of new development is to support and reinforce the architectural setting of the neighborhood.
(a)
Explanation statement for administrative guidance: A cohesive and orderly relationship between existing and proposed buildings can be accomplished when new development uses predominant architectural characteristics from the neighborhood. The overall effect of new buildings should support and reinforce the architectural setting of the location. The intent of this standard is not to require that existing building styles be copied.
(b)
"Proportion" refers to the relationship between elements within a composition such as the relationship between windows and the wall "scale" refers to the size or extent of a building or its elements, relative to something else, usually its site or the buildings nearby. "Mass" refers to the physical form of a building and the extent to which it appears solid. "Massing" refers to strategies that break down something massive by inserting voids that create relief, by adding elements that project a lighter element in front of a more massive one (a building wall), or by using materials and architecture details to break down a building into component parts that are more readily appreciated. Scale, proportion, and massing do not imply making one thing "the same" as another. In applying this standard, it is correct to ask: is the arrangement of the proposed building elements comparable to that seen on other buildings.
(7)
Exterior signs, site lighting, and accessory structures support a uniform architectural theme and present a harmonious visual relationship with the surrounding neighborhood.
(a)
Explanation statement for administrative guidance: These elements of site design need to be coordinated with each other and with the neighborhood generally. Uncoordinated site improvements create visual clutter and are difficult to integrate with the neighborhood. Discernment in the selection, placement, and use of on-site improvements and accessory structures must be used to avoid damage to the aesthetics of the neighborhood.