Chesapeake City City Zoning Code
PART 6
Site and Building Design Standards
§ 120-6.1.1 Land suitability.
A.
Unsuitable land not for development. No land shall be subdivided for development that is held unsuitable for its proposed use by the Planning Commission for reasons of flooding, being located within the 100-year floodplain, inadequate drainage, excessive slope, severe erosion potential, or any other natural features that may be harmful to the health, safety, and welfare of future residents, property owners or the community at large.
B.
Proposed improvements to unsuitable land. All proposed improvements necessary to make land suitable for development shall be in full compliance with any laws and ordinances regulating such improvements and with any conditions as may be required by the Planning Commission to reduce risks to health and safety. The ability to mitigate an environmental health concern through proposed improvements in no way guarantees that the Planning Commission will approve a project on land that is otherwise unsuitable for its proposed use.
C.
Deed restrictions required. When a subdivider does not intend to develop the plat himself or herself and the improvements are necessary to reduce hazards and/or to make land suitable for development, the Planning Commission shall require appropriate deed restrictions to be inserted on every deed and noted on every recorded plat and parcel.
§ 120-6.1.2 Perennial stream no disturbance buffer.
A.
Buffer required. A 300-foot vegetative buffer from all perennial streams shall be required for all development.
B.
Expanded buffer may be required. The perennial stream buffer shall be expanded to include contiguous 100-year floodplain and nontidal wetlands, hydric soils, highly erodible soils, and soils on slopes greater than 15% that are contiguous with the perennial stream.
C.
Modification of buffer. In the review of a site plan or subdivision plat, the Planning Commission may modify this buffer requirement, provided it be not less than 100 feet, if it establishes written finding of fact that:
(1)
The design, construction and use of the entire site with less than a 300-foot buffer will provide the same or greater protection of water quality as the 300-foot buffer, and the development proposal provides heightened measures to minimize the runoff of stormwater from the site and to minimize impervious surfaces and the removal of natural vegetation within 300 feet of the stream;
(2)
It is the development of a planned public street that has necessitated an incursion into the buffer and evidence is provided that disturbance will be minimized in so far as possible; or
(3)
Other public or community facilities are required and evidence is provided that disturbance will be minimized in so far as possible.
§ 120-6.1.3 Intermittent stream no disturbance buffer.
A.
Buffer required. A fifty-foot vegetative buffer from all intermittent streams shall be required for all development.
B.
Expanded buffer may be required. The intermittent stream buffer shall be expanded to include contiguous 100-year floodplain and nontidal wetlands, hydric soils, highly erodible soils, and soils on slopes greater than 15% that are contiguous with the stream.
C.
Modification. In the review of a site plan or subdivision plat, the Planning Commission may modify this buffer requirement, provided the buffer is not less than 25 feet, if it establishes written finding of fact that:
(1)
The development proposal provides heightened measures to minimize the runoff of stormwater from the site and to minimize impervious surfaces and the removal of natural vegetation within 50 feet of the stream;
(2)
It is the development of a planned public street or other infrastructure that has necessitated an incursion into the buffer and evidence is provided that disturbance will be minimized in so far as possible; or
(3)
It is the development of other necessary public or community facilities that has necessitated an incursion into the buffer and evidence is provided that disturbance will be minimized in so far as possible.
§ 120-6.1.4 Nontidal wetland buffer.
A.
Buffer required. A fifty-foot setback from all nontidal wetlands shall be required for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corps of Engineers and the State of Maryland, Department of Natural Resources, Nontidal Wetland Division.
B.
Expanded buffer may be required. The wetland buffer shall be expanded to include contiguous 100-year floodplain and nontidal wetlands, hydric soils, highly erodible soils, and soils on slopes greater than 15% that are contiguous with the wetland.
C.
Modification. In the review of a site plan or subdivision plat, the Planning Commission may modify this buffer requirement, provided the buffer is not less than 25 feet, upon establishing written findings of fact that:
(1)
The development proposal provides heightened measures to minimize the runoff of stormwater from the site and to minimize impervious surfaces and the removal of natural vegetation within 50 feet of the wetland;
(2)
It is the development of a planned public street or other infrastructure that has necessitated an incursion into the buffer and evidence is provided that disturbance will be minimized in so far as possible; or
(3)
It is the development of other necessary public or community facilities that has necessitated an incursion into the buffer and evidence is provided that disturbance will be minimized in so far as possible.
§ 120-6.1.5 Steep slopes.
A.
No disturbance of steep slope. No structure, impervious surface or other land disturbance shall occur on any slope with a grade of 15% or greater unless the Zoning Administrator determines that the structure, impervious surface or land disturbance is necessary for stabilization of the slope.
B.
Buffer. A minimum fifty-foot buffer shall be established between development and the crest of slopes in excess of 25%.
§ 120-6.1.6 Habitats of rare, threatened and endangered species.
Development shall avoid areas of habitat of rare, threatened and endangered species as defined by the Maryland Department of Natural Resources.
§ 120-6.1.7 Forest conservation.
A.
Forest Conservation Ordinance. The Forest Conservation Ordinance of Cecil County shall be complied with in all respects within the boundaries of the Town of Chesapeake City.
B.
Landscaping and tree requirements in subdivisions.
(1)
Existing trees shall be preserved whenever possible. The protection of trees six inches or more in diameter (measured at breast height) shall be given high priority in determining the location for open spaces, structures, underground utilities, walks, and paved areas, Areas in which trees are preserved shall remain at original level and shall remain undisturbed wherever possible.
(2)
Where extensive natural tree cover and vegetation does not exist, landscaping and the planting of native tree species shall be provided to establish a tree canopy, enhance the appearance of the development, aid erosion control and stormwater runoff management, provide protection from wind and sun, screen and shade streets and paved areas, promote energy conservation of buildings, and enhance the privacy of dwelling units.
(3)
If available, the Town's street tree planting guidelines shall be followed in all subdivisions.
§ 120-6.2.1 General applicability.
A.
The provisions of this article shall apply to all development where site plans are filed in accordance with the provisions of this chapter and to all public and private parking facilities. This article establishes the minimum requirements for site landscaping and screening for projects requiring site plan review. More than the minimum requirements may be required to meet the purposes of this chapter.
§ 120-6.2.2 Purpose and intent.
A.
Intent. This article is intended to set forth certain minimal requirements for the use of landscaping and planting in relation to site plan approvals.
B.
Purposes:
(1)
To screen or buffer incompatible 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;
(2)
To reduce the harmful effect of heat and noise and the glare of motor vehicle lights;
(3)
To help preserve underground water reservoirs, to permit the return of precipitation to the groundwater strata and otherwise act as a natural drainage system to improve stormwater drainage problems, prevent soil erosion and help meet the requirements of state stormwater regulations;
(4)
To provide shade and to prevent the blighting appearance of unkempt parking lots; and
(5)
To promote compatibility among new and older development, accentuate traditional qualities and patterns of development, and expand the tree canopy in the Town.
§ 120-6.2.3 Landscaping requirements.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Landscape plan.
(1)
A landscaping plan shall be submitted for approval by the Planning Commission as part of every Category 1 site plan. A landscaping plan may be required in certain cases as determined by the Planning Commission or Zoning Administrator for Category 2 development.
(2)
If deemed necessary the Planning Commission may require a review of the plan by a professional landscape architect/designer. All fees incurred will be paid for by the applicant.
B.
Content of landscape plan. A landscaping plan shall include dimensions and distances and clearly delineate all buildings and existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size, species, and description of all landscaping materials to be used; preference shall be given to native species as set forth in the Town Planting Guide.[1]
[1]
Editor's Note: See Appendix A, Guide for Landscaping, included as attachment to this chapter.
C.
Perimeter parking lot landscaping. All off-street parking lots, whether or not located on the same lot as the use to which it is accessory, containing 10 or more parking spaces shall meet the following perimeter landscaping requirements:
(1)
Property line landscape area between adjacent land uses shall be provided in accordance with the requirements set forth in this article.
(2)
Any parking lot that is adjacent to a road, public right-of-way, or residential district shall provide a landscaping area width based upon the following right-of-way width:
(3)
Where the pavement width of the parking lot exceeds 60 feet, the landscape area adjacent to a road or public right-of-way shall be increased by five feet for every additional 60 feet of parking lot width perpendicular to the right-of-way as indicated in the following table:
[Amended 5-22-2023 by Ord. No. 2023-003]
Parking Lot Width (feet) | Required Landscape Area Width (feet) |
|---|---|
45 to 60 | 10 |
61 to 120 | 15 |
121 to 180 | 20 |
181 to 240 | 25 |
241 to 300 | 30 |
301 to 360 | 35 |
361 or greater | 40 |
(4)
Each landscape area adjacent to a street, right-of-way, or residential district shall contain a minimum of one tree per 40 feet of landscape area parallel to the right-of-way or residential district or more than one tree per 40 feet when deemed appropriate by the Zoning Authority due to the location, size, configuration, or topographic condition of the lot. In addition, a vegetative screen, landscaped berm, wall, masonry wall, or other methods to reduce the visual impact of the parking area shall be provided. The vegetative screen shall have an average continuous height of four feet and be permanent, for example evergreen.
(5)
Grass or ground cover shall be planted on all portions of the landscaped area not occupied by other landscape material.
(6)
Special notes on existing natural vegetation:
(a)
In all cases where significant natural vegetation exists, as determined by the Planning Commission, there will be limits of clearing/grading areas established to protect and preserve these natural areas. These natural areas will not be disturbed by the installation of any structures, utilities, storm and sanitary sewers, water lines, sediment and erosion control traps, stormwater management systems, or signage. Existing landscape material which is proposed to be used to fulfill landscape requirements shall be shown in the required plan.
(b)
In the case where buffers are created by the application of these standards, no structures will be permitted.
(c)
Where pedestrian and bike paths are proposed in the landscape area, such paths shall be meandering in order to preserve the existing trees.
(7)
Trees required as a part of the parking lot, street, or right-of-way landscaping may be placed on the right-of-way adjoining such vehicular use area when approved by the Planning Commission. Such trees shall be in addition to any street trees required by any development and/or subdivision regulations.
(8)
The required landscape area for parking areas may be combined with a utility or other easement only if all landscape requirements can be met. Otherwise, the landscape area shall be in addition to, and separate from, any easement.
(9)
In any parking lot perimeter landscaping area all trees shall be set back at least four feet from the edge of paving where vehicles overhang.
Illustration 3 - Depicting interior landscaping with staggered trees on parking aisles and pedestrian walkway. |
 |
D.
Internal landscaping of parking lot.
(1)
For any parking lot containing more than 6,000 square feet of area or 15 or more spaces, interior landscaping shall be provided in addition to the previously required perimeter landscaping. Interior landscaping shall be contained in peninsulas or islands. An interior parking lot landscape island or peninsula is defined as a landscaped area containing a minimum area of 153 square feet having a minimum width of 8.5 feet and a minimum length of 18 feet. There shall be a minimum of four feet to all trees from the edge of paving where vehicles overhang. The minimum landscape area permitted shall be 10% of the parking area; except as required for stormwater management, each island or peninsula shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface.
(2)
Where a parking area is altered or expanded to increase the size to 3,000 or more square feet of area or 15 or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.
E.
Landscape area. For each 100 square feet, or less, of vehicular use area, five square feet of landscaped area shall be provided. The interior landscaping requirement shall be computed on the basis of the net parking facility. For the purposes of this section, "net parking facility" shall include parking stalls, access drives, aisles, walkways, dead spaces, and required separations from structures, but shall not include required street setbacks or access driveways or walkways within such setbacks.
(1)
Landscape islands or peninsulas; number required:
(a)
For fewer than 100 spaces, one island or peninsula is required for every seven parking spaces.
(b)
For 100 spaces or more, one island or peninsula is required for every 10 spaces.
(c)
Each 10 parking spaces shall require an interior planting island.
(d)
All interior parking aisles shall contain at least two landscape islands. Adjoining aisles islands shall be staggered to present a random, natural appearance. Refer to Appendix A, Illustration 2.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Landscape areas larger than the above are permitted as long as the additional area is in excess of the required minimum, except that landscape areas larger than the maximum permitted may be allowed as required landscaping areas in those cases where significant natural vegetation exists.
(4)
A minimum of one large shade tree shall be required for each 250 square feet of required landscape area. The remaining area of the required landscaped area shall be landscaped with shrubs or ground cover not to exceed two feet in height, or grass.
(5)
Alternative parking area landscaping design may be considered by the permitting officials in cases where unique topography and site constraints dictate such alternative. The innovative use of planting design and materials is encouraged and will be evaluated on the intent demonstrated to fulfill the stated objectives of this chapter.
(6)
Any parking lot of 25 or more spaces shall be internally landscaped with shade trees. Shade trees shall be planted in planting areas. Planting areas which shall comprise at least 10% of the internal area of the parking lot and shade trees shall be installed such that no parking space is located more than 60 feet from a parking lot shade tree. Planting areas should be wide enough to allow for the mature growth of the tree chosen.
F.
Landscaping for stormwater management. Landscaping in relation to parking lots may be used for stormwater management provided the requirements of this section are met.
G.
Landscaping for service structures. When located in the General Commercial or Marine Commercial Zone, all service structures shall be fully screened when located within 100 feet of any zone other than General Commercial or Marine Commercial. For the purposes of this article, service structures shall include propane tanks, dumpsters, air-conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a site.
(1)
A continuous planting, hedge, wall, masonry wall, or earth mound shall enclose any service structure or loading zone on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. No interior landscaping shall be required within an area screened for service structures.
(2)
Protection of screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved or emptied. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container.
H.
Building wall yard planting. A planting area shall be established along any building wall facing an adjacent off-street parking lot or right-of-way. Shade trees, ornamental trees, and shrubs shall be planted in this planting area to aesthetically enhance the appearance of buildings and provide shade according to the following minimum standard: one shade tree for every 40 feet of wall yard length and one ornamental tree for every 30 feet of wall yard length.
I.
Required planting material. In meeting the requirements of this chapter, only those plants listed on the Town's Recommended Plant and Landscape Guidelines, which shall be maintained by the Zoning Administrator, shall be used.
J.
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. Walls shall be maintained in good repair.
(2)
The owner 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.
(3)
Failure to maintain required landscaping, or to adhere to an approved landscaping plan, shall constitute a zoning violation subject to the remedies set forth in this chapter.
§ 120-6.2.4 Waiver or modification.
Provided that the Planning Commission establishes findings of fact that a modification will not have any detrimental effect on existing or planned development of adjacent properties, it may approve a waiver or modification of the requirements of this article. Such waiver or modification may be approved in the following instances: for an interim use of a duration of less than two years, or where deemed appropriate due to the location, size, configuration or topographic condition of the lot, provided the Planning Commission finds that the purposes of this article will be met.
§ 120-6.2.5 Screening, bufferyards and shading.
A.
Buffers.
(1)
Purpose.
(a)
One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar nuisance characteristics. Bufferyards will operate to minimize the negative impact of any future use on neighboring uses.
(b)
The bufferyard is a combination of setback and a visual buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this chapter are specified and are designed to reduce nuisances between adjacent zoning districts to ensure a desired character along public streets and roads. The planting units required of bufferyards have been calculated to ensure that they do, in fact, function as buffers.
(c)
Bufferyards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Mature woodlands are considered the best buffers and should be used whenever possible.
(d)
Bufferyards shall be required to minimize the impact of satellite parking on all adjacent properties.
(2)
Location of bufferyards. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. Bufferyards shall not be located within a yard required in a single-family attached (townhouse) development or planned unit development.
(3)
Determination of required bufferyard. To determine the type of bufferyard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used:
(a)
Identify whether any portion or property line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property.
(b)
Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved.
(c)
Classify any street adjacent to the proposed use as a local, collector, or arterial street.
(d)
Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the tables of required bufferyards.
(e)
Determine if the proposed development is a use which has bufferyards required to separate that use from certain uses. Then determine the bufferyard required between such uses by referring to the tables of required bufferyards.
(4)
Responsibility for bufferyards.
(a)
When a proposed use adjoins a vacant parcel for which a bufferyard is required by the presence of a zoning boundary, that use shall at the time of development provide half of the buffer which is required by the tables of required bufferyards.
(b)
The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those two uses. If the adjoining use had developed without a bufferyard, the second use will be responsible for installing the total bufferyard.
(c)
Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this chapter may be counted as contributing to the total bufferyard required between it and the second (adjacent) land use to develop.
(5)
Tables of required bufferyards.
Required Bufferyards Between Adjacent Zoning Districts | ||||||
|---|---|---|---|---|---|---|
Zone | RC | TND | V-1 | V-2 | MC | GC |
RC | — | B | B | B | C | E |
TND | B | C | B | B | C | E |
V-1 | B | B | B | — | C | D |
V-2 | B | B | — | B | C | D |
MC | D | D | C | C | B | C |
GC | E | E | D | D | C | — |
Required Street Buffers | Functional Classification | ||
|---|---|---|---|
Zoning Districts | Arterial | Collector | Local |
TND, RC | D | C | B |
V-1, V-2 | B | B | B |
MC, GC | C | C | C |
(6)
Bufferyard requirements. Illustrations graphically indicating the specification of each bufferyard are contained in Appendix B.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(7)
Bufferyard use.
(a)
A bufferyard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails, provided that no plant material is eliminated, the total width of the bufferyard is maintained, and all other regulations of this chapter are met. In no event, however, shall swimming pools, tennis courts or other such uses be permitted in bufferyards.
(b)
The Planning Commission may allow substitution or reduction of the bufferyard if it finds that the required bufferyard will obstruct the view of a driver or that the bufferyard is incompatible with the existing streetscape.
(8)
Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Chesapeake City, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this chapter. Final ownership shall be specified and approved by the Planning Commission.
(9)
Bufferyards which exceed minimum requirements. Where the bufferyards required between a land use and vacant land turn out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply:
(a)
The subsequent use may provide half of the buffer required by this section. The existing use may expand its use into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of this section.
(b)
The existing use may enter into agreements with abutting landowners to use its existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or all of the excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
(10)
Contractual reduction of bufferyards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class, and an agreement by the owner of the land that is to be developed first to assume all responsibility for additional buffer, if needed by the subsequent development of a less intense use than had been agreed upon, is transferred to the owner of the vacant (second in time to be developed) land.
[Amended 5-22-2023 by Ord. No. 2023-003]
B.
Shading.
(1)
Town findings and declaration of policy: shade trees.
(a)
The Town finds that:
[1]
Trees are proven producers of oxygen, a necessary element for human survival;
[2]
Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;
[3]
Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air-conditioning systems;
[4]
Trees have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;
[5]
Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control;
[6]
Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and
[7]
For the reasons indicated herein, trees have an important impact on the desirability of land and therefore on property values.
(b)
Based upon the findings set forth in Subsection B(1)(a), the Town declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the Town's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments.
(2)
Required trees along dedicated streets. Along both sides of all newly created streets that are constructed in accordance with the Chesapeake City street standards, the developer shall at a minimum either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the center line of the street there is for every 50 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in Appendix A.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Retention and protection of large trees.
(a)
Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.
(b)
No excavation or other subsurface disturbance may be undertaken within the dripline of any tree 18 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12 1/2 feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a "dripline" is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
(c)
The retention or protection of trees 18 inches in diameter or more as provided in Subsection B(3)(a) and (b) unreasonably burdens a developer if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
(d)
If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsection B(3)(a) or (b) and, as a result, the parking requirements set forth in Part 6 cannot be satisfied, the number of required spaces may be reduced by the number of spaces lost because of the provisions of Subsection B(3)(a) and (b), up to a maximum of 15% of the required spaces.
(4)
Shade trees in parking areas.
(a)
Vehicle accommodation areas that are required to be paved must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer to satisfy the requirements of this subsection, the developer shall choose trees that meet the standards set forth in Appendix A.[3]
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(b)
Each tree of the type described in Subsection B(4)(a) shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20% of the vehicle accommodation area will be shaded.
(d)
Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of four feet.
§ 120-6.3.1 Intent and purposes.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Intent. This article establishes requirements for motor vehicle and bicycle parking, including the minimum number of spaces required by land use.
C. CIRCULATION AREA COMMUNITY GARAGE DRIVEWAY GROSS FLOOR AREA (GFA) LOADING AND UNLOADING AREA PARKING AREA AISLES PARKING SPACE SATELLITE PARKING VEHICLE ACCOMMODATION AREA
Definitions. Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined below shall have the meaning indicated when used in this article:
That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles and parking spaces) comprise the circulation area.
A bank of one-story garages, not more than six in number, with a maximum of 280 square feet each. Access by a common means accessory to an existing structure to be used for residential storage only.
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
The total area of a building measured by taking the outside dimensions of the building, including any attached structures or outside dining areas, at each floor level intended for occupancy or storage.
The portion of the vehicle accommodation area used for off-street loading and unloading to accommodate the delivery/shipment process and other normal daily operations.
The portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
A portion of the vehicle accommodation area set for the parking of one vehicle.
The number of off-street parking spaces required by this chapter that cannot be provided on the same lot where the principal use associated with these parking spaces is located.
That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).
§ 120-6.3.2 Off-street parking required.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Schedule of required parking.
(1)
In all districts, space for parking vehicles shall be provided in accordance with the Schedule of Minimum Off-Street Parking Requirements by Land Use set forth in Table 4 of this chapter.
(2)
Subject to approval by the Planning Commission, off-street parking requirements may be varied or modified within the Historic District and for designated historic sites without adherence to § 120-6.3.3 of this chapter.
(3)
The Town recognizes that the table of parking requirements set forth in Table 4 cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit-issuing authority is authorized to determine the parking requirements using this table as a guide.
(4)
If minimum parking requirements cannot be met an applicant may request mitigation to obtain a permit for the required number of spaces. The Planning Commission may choose to recommend the applicant pay a parking mitigation fee or provide for other mitigation as the Commission deems appropriate.
(5)
A parking space for which a fee is required to be paid in order to park may not be used to satisfy the minimum required parking spaces set forth in Table 4.
Table 4 Schedule of Minimum Off-Street Parking Requirements by Land Use | |
|---|---|
Use | Minimum Required Parking Spaces |
Residential | |
Single-family residential; detached | 2 per dwelling unit |
Single-family residential; attached | 2 per dwelling unit |
Two-family, duplex | 2 per dwelling unit |
Accessory apartment | 1 per dwelling unit |
Multifamily dwelling | 1.5 per dwelling unit |
Boarders in residence | 1 per boarder, plus residential requirement |
Group home, halfway house | 1 per staff, plus 1 per 2 residents |
Boardinghouse | 1 per unit, plus residential requirement |
Intermediate care institutions | * |
Day care home | 1 per staff, plus residential requirement |
Day-care center, day nursery (30 or fewer people) | 3 per classroom |
Homeless shelter | * |
Bed-and-breakfast, country inn | 1 per unit, plus residential requirement |
Home occupations | 1 per employed nonresident, plus residential requirement |
Home occupations, such as physician, dentist | 2 per doctor, plus residential requirement |
Institutional | |
Schools; elementary, secondary, trade and vocational college | * |
Studios for instruction in dance, art, music, similar | 1 per 5 students |
Churches and other buildings for religious assembly | 1 per 4 seats in main assembly hall |
Monasteries, convents | 1 per 6 seats in main assembly hall |
Lodges, clubs, fraternal organizations | * |
Nursery schools, day-care centers (with more than 30 people) | 3 per classroom |
Libraries, other public administrative and cultural buildings | * |
Cemeteries | * |
Hospitals, medical clinics, and similar centers in excess of 10,000 square feet | * |
Nursing care institutions, child-care institutions | 1 per staff, plus 1 per 5 residents |
Public or nonprofit park and/or recreational area | ** |
Commercial | |
Artist, photographer galleries, studios | 1 per 500 square feet of gross floor area |
Retail shops, including service/repair such as clock or jewelry repair | 1 per 350 square feet of gross floor area |
Convenience, grocery, department, variety, hardware, dry goods stores | 1 per 300 square feet of gross floor area |
Hotels, motels | 1 per unit, plus 1 per staff |
Personal service shops, barber, salons, shoe repair, dry cleaning | 1 per 250 square feet of gross floor area |
Personal services such as health and fitness center, spa | 1 per 300 square feet of gross floor area |
Computer repair shop, small appliance repair, similar | 1 per 400 square feet of gross floor area |
Banks and financial institutions | 1 per 300 square feet of gross floor area |
Places of indoor amusements, movie cinema, theater | 1 per 4 seats |
Professional office | 2 per professional |
Medical or dental office, clinic or center under 10,000 square feet | 1 per 250 square feet of gross floor area |
Business offices, including finance, insurance, real estate | 1 per 400 square feet of gross floor area |
Business services, plumbing shops, contractor shops | 1 per staff |
Building materials, lumberyards, boat and heavy equipment | * |
Restaurants, standard | 2 per 200 square feet of gross floor area, plus 1 per 5 seats |
Restaurants, fast-food, drive-thru | 1 per 250 square feet of gross floor area |
Pubs, taverns, nightclubs, dance halls | 1 per 250 square feet of gross floor area |
Resorts | ** |
Shopping center | ** |
Small-scale manufacturing and assembly uses, warehousing | 1 per staff |
Animal hospital, veterinarian clinic | 1.5 per exam room |
Kennel/cattery | 1 per staff |
Funeral parlor | 1 per 4 seats in chapel |
Marina | 0.5 per boat slip |
Nursery for plants, greenhouses | * |
Private outdoor amusement/recreational activities | ** |
Filling station, service stations, automotive repair, full-service garage | 1 per pump, plus 1 per service bay, plus 1 per staff |
Motor vehicle sales, rental, service | 1 per 300 square feet of gross floor area |
Automotive body shop | 1 per service bay, plus 1 per staff |
Miscellaneous | |
Public utility building/facility | * |
Temporary buildings incidental to construction | ** |
Festivals, events of public interest, special events, occasional, outdoor | ** |
* | Minimum parking shall be 1 space per staff plus spaces in number as determined by the Town approving authority to serve the visiting resident public. |
** | Minimum parking shall be established by the Town approving authority upon review and approval of a site plan and/or zoning permit. |
B.
Parking space dimensions.
(1)
Subject to Subsection B(2) and (3), each parking space shall contain a rectangular area at least 18 feet long and 10 feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section.
(2)
Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than 23 feet by nine feet. Parallel parking spaces in the Historic Area District may be less than 23 feet by nine feet.
C.
Minimum parking space area.
(1)
An off-street parking space shall comprise not less than 18 feet long and 10 feet wide per angled parking stall and 23 feet long by nine feet wide per parallel parking stall plus necessary maneuvering space.
(2)
Space for maneuvering incidental to parking or unparking shall not encroach upon any public right-of-way.
D.
Required widths of parking area aisles and driveways.
(1)
Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:
Parking Angle | |||||
|---|---|---|---|---|---|
Aisle Width (feet) | 0° | 30° | 45° | 60° | 90° |
One-way traffic | 15 | 15 | 16 | 18 | 24 |
Two-way traffic | 22 | 22 | 22 | 23 | 24 |
(2)
Driveways shall not be less than 10 feet or exceed 15 feet in width for one-way traffic and not be less than 18 feet or exceed 30 feet in width for two-way traffic, except that ten-foot-wide driveways are permissible for two-way traffic when:
E.
General design requirement.
(1)
Unless no other practicable alternative is available, vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged. Exits from parking lots shall be configured to avoid being directly across from a residential driveway, residence, or commercial driveway unless necessary.
(2)
Vehicle accommodation areas of all development shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(3)
Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. In order to reduce glare of headlights, parking spaces located along a property line should be positioned to avoid parked vehicles facing directly into a street or residence by using parallel parking along the adjoining property line.
(4)
Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas. In parking lots over 50 spaces, landscaped pedestrian walkways are required to provide safe passage through parking lots to an exit or street sidewalk. Such walkways are to be installed from the rear of the parking lot to an exit or street. (Refer to Illustration 3.)
(5)
Any lighting used to illuminate off-street parking areas shall be arranged so as to reflect away from any adjoining residential zone or uses and any public or private right-of-way.
(6)
A sight triangle shall be observed within a triangle formed by the intersection of the street lines and points on the street line 25 feet from the intersection at all street intersections or intersections of driveways with streets.
(7)
All parking areas shall be drained so as to dispose of all surface water within the parking area without carrying the said water accumulation over a public sidewalk. Piping the water to a suitable outfall may be required.
(8)
Permanent stormwater management shall be provided for all off-street parking areas as required by the Town of Chesapeake City.
(9)
No required off-street parking space in any residential zone (TND, V-1, V-2, RC) shall be located within any required front yard with the exception of infill lots.
(10)
Off-street parking facilities may be located within the required front yard of any General or Marine Commercial Zone, but shall not be nearer than 50 feet to any residential district.
(11)
Special access, surface, and location requirements for garages, parking lots, automobile service stations, and vehicle sales lots.
(a)
No building, structure or premises shall be used, erected, or altered which is intended or designed to be used as a community garage, an automobile repair shop, a service station, or a parking lot or structure as the principal use on a property which has an entrance or exit for vehicles in the same block front and within 200 feet of the property boundary of any school, public playground, church, hospital, public library, convalescent, nursing, or rest home, or orphanage, and no such entrance or exit, except for a community garage, shall be located within 20 feet of any residential zone, nor shall any structure used for an automobile repair shop or service station or any part of a parking lot or structure be located within 100 feet of any property boundary line of any of the aforesaid public or institutional uses. "Parking lot" as used herein does not include off-street parking areas as otherwise required for the public or institutional uses listed above.
(b)
No gasoline pump or similar appliance for any purpose shall be located within 15 feet of any right-of-way or within 50 feet of a residential zone, except where such a pump or appliance is within a completely enclosed building and is of a distance at least 15 feet from any vehicular entrance or exit of such building. Except for gasoline service stations, no gasoline pumps shall be permitted as an accessory use for another activity unless a site plan is submitted to and approved by the Planning Commission.
(12)
Parking areas that are required to have more than 10 parking spaces and that are used regularly at least five days per week shall have one refuse container per 50 spaces over 10 spaces, which will be provided by the owner of said property.
F.
Vehicle accommodation area surfaces.
(1)
Vehicle accommodation areas that include lanes for drive-in windows, provide on-premises parking or contain parking areas that are required to have more than six parking spaces and that are used regularly at least five days per week shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion, and dust as per applicable Town specifications.
(2)
Vehicle accommodation areas that are not provided with the type of surface specified in Subsection F(1) of this section shall be graded and surfaced with crushed stone, gravel or other suitable material to provide a surface that is stable and will help to reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto such streets) shall be paved as provided in Subsection F(1) for a distance of 20 feet back from the edge of the paved street. This subsection shall not apply to single-family or two-family residences.
(4)
Vehicle accommodation areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, weeds, overgrowth, trash, clutter, dust, etc.) and parking space lines or markings shall be kept clearly visible and distinct.
G.
Special provisions for lots with existing buildings.
(1)
Any increase in the intensity of use of any structure shall mean the addition of dwelling units, gross floor area, seating capacity, or any other unit of measurement used as a basis for determining required parking facilities. When the intensity of use of any structure is increased from the date of this chapter parking facilities shall be provided for the increase of use.
(2)
When the use of any structure or premises is changed to a different use, parking facilities shall be provided for the different use.
§ 120-6.3.3 Modification of parking requirement.
[Amended 5-15-2017 by Ord. No. 01.09.2017; 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Due to site conditions. Should the configuration of the lot, the placement of existing conforming structures, or a change of use to a conforming but more intensive use preclude strict adherence § 120-6.3.2, the Planning Commission, in relation to a Category 1 site plan, or the Zoning Administrator, in relation to a Category 2 site plan, may modify the parking requirements provided there are findings of facts that:
(1)
Adequate public off-street parking is available within reasonable walking distance;
(2)
On-street parking is available and adequate and that the parking required by the contemplated use will not materially impede the flow of traffic or preempt existing residential parking; or
(3)
A written agreement is established and made part of any site plan approval, allowing parking required by the use of an adequate off-street parking lot within a reasonable walking distance. Such agreement, as necessary, shall become a deed restriction or easement on the property.
B.
Due to joint-use of parking. Where joint-use of parking by one or more uses is possible, the Planning Commission, in relation to a Category 1 site plan, or the Zoning Administrator, in relation to a Category 2 site plan, may modify the parking requirements provided there are findings of facts that:
(1)
Joint-use of parking spaces will not reduce the availability of parking spaces below the minimum required number of spaces required by each use during its peak demand.
(2)
A written agreement is established and made part of any site plan approval providing for the joint-use of spaces. Such agreement, as necessary, shall become a deed restriction or easement on the property.
C.
Reduction due to lack of demand. Should the applicant demonstrate and the Planning Commission, in relation to a Category 1 site plan, or the Zoning Administrator, in relation to a Category 2 site plan, find that a sizeable share of site-related traffic would access the site by bicycle and/or walking, then minimum parking requirements may be reduced.
D.
Parking in front yards in TND Zone. The use of the required front yard on single-family lots in the TND Zone for the parking or storage of motorized and nonmotorized vehicles of any kind is prohibited, except where the creation of the lot predates the adoption of this chapter.
E.
Satellite parking.
(1)
If the number of off-street parking spaces required by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, or if the on-site parking for an existing commercial use is otherwise inadequate, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off-site spaces are referred to in this section as satellite parking spaces.
(2)
If the property upon which the satellite parking is to be located is not under the same ownership as the property upon which the principal associated use is located, written authorization of the owner of the property upon which the satellite parking is to be located is required, and evidence of such shall be furnished.
(3)
All satellite parking spaces shall be located in the same zoning district as the structures or uses served or shall abut the property upon which the principal use is associated, or shall be directly across a street, roadway, or alley from the associated property.
(4)
Satellite parking spaces shall be used solely for the parking of passenger vehicles. No sign of any kind, other than designating ownership, entrances, exits, and condition of use, shall be maintained on such satellite parking areas.
(5)
Each new entrance and exit to and from such parking area shall be at least 20 feet away from any adjacent lot line located in any residential zone.
(6)
The satellite parking areas shall be subject to all requirements of this chapter concerning surfacing, lighting, drainage, landscaping, screening, and setbacks.
§ 120-6.3.4 Minimum bicycle parking requirements by land use.
A.
Schedule of required parking. Bicycle parking shall be provided in accordance with the following schedule. In all districts, either space for parking and/or storage of bicycles shall be provided or the applicant shall demonstrate that adequate bicycle parking is provided for.
Bed-and-breakfast, hotels, motels | 2, or 1 per 25 employees |
Retail sales, service operations | 2, or 1 per 5,000 square feet gross floor area |
Office buildings | 2, or 1 per 5,000 square feet gross floor area |
Museums, libraries, similar | 4, or 1 per 3,000 square feet gross floor area |
Churches, similar | 1 per 50 members |
Community centers | 1 per 250 square feet gross floor area |
Schools | |
Elementary | 1 per 10 students |
Middle and high | 1 per 6 students |
Indoor amusement | 4, or 1 per 50 seats |
Restaurants | 4, or 1 per 50 seats |
Other commercial | 2, or 1 per 50 employees |
B.
Waiver or modification. The Planning Commission may waive or modify the bike parking requirement in the Village Commercial and Village Center Districts where adequate publicly accessible bike parking is already provided within a reasonable walking distance.
C.
Design of bicycle parking spaces.
(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.
(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.
§ 120-6.3.5 Off-street loading spaces required.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.
B.
The loading and unloading area shall be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area given the nature of the development in question. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this subsection. However, the permit-issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard.
Gross Floor Area of Building (square feet) | Number of Spaces* |
|---|---|
1,000 to 19,999 | 1 |
20,000 to 79,999 | 2 |
80,000 to 127,999 | 3 |
128,000 to 191,999 | 4 |
192,000 to 255,999 | 5 |
256,000 to 319,999 | 6 |
320,000 to 391,999 | 7 |
Plus 1 space for each additional 72,000 square feet or fraction thereof | |
* | Minimum dimensions of 12 feet by 55 feet and overhead clearance of 14 feet from street grade required. |
C.
Loading and unloading areas shall be so located and designed that the vehicles intended to use them can:
D.
No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking be used to satisfy the area requirements for loading and unloading facilities.
E.
Whenever there exists a lot with one or more structures on it constructed before the effective date of this chapter, and a change in use that does not involve any enlargement of a structure is proposed for such lot, and the loading area requirements of this section cannot be satisfied because there is not sufficient area available on the lot that can practicably be used for loading and unloading, then the developer need only comply with this section to the extent reasonably possible.
F.
No such space shall be located closer than 50 feet to any other lot in any residential district unless wholly screened within a completely enclosed building or unless enclosed on all sides by a wall or screening fence not less than six feet in height.
§ 120-6.3.6 Exterior lighting.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Lighting plan.
(1)
An exterior lighting plan shall be submitted as part of every Category 1 site plan and major subdivision plat for approval by the Planning Commission.
(2)
Where a landscaping plan is required, the lighting plan shall be incorporated into or overlaid on the required landscape plan and include locations, dimensions, and distances and illumination areas associated with all light fixtures.
(3)
Light fixtures shall conform to the Town's standards and design specifications.
(4)
The lighting plan shall provide that the illumination area generated from proposed lighting fixtures located on the subject site of the lighting plan will not overlap adjoining properties or rights-of-way.
B.
Outdoor lighting.
(1)
Outdoor lighting facilities shall be required for off-street parking, off-street loading, and ingress and egress thereto for all residential developments and for all business, commercial, personal service, industrial, recreational, institutional, public, and other uses. All proposed intersections with an arterial or collector road, as defined by functional classification, shall have streetlights.
(2)
Lighting plans shall be submitted to the Planning Commission for review and approval with all applications for conditional uses, special exceptions, variances, and subdivision and land development plans. The required lighting plan shall include the following information:
(a)
A site plan containing a layout of the proposed fixture locations and type, including, at minimum, a plan displaying a ten-foot by ten-foot grid of all areas on the lot to be affected by lighting; if such site plan for lighting does not display the entire parcel, an additional site plan that displays the parcel, structures, and streets shall be included, with the area(s) to be affected by lighting displayed on the site plan.
(b)
Catalogue cuts and photometrics for each light fixture, the method of energizing each light fixture, a listing of the hours of operation and a plan showing the photometrics for the entire site, based upon the proposed placement of the light fixtures. A description of glare-reduction devices, lamps, wattage, control devices, mounting heights, pole foundation details, and mounting methods, as appropriate for each fixture, should also be included.
(3)
The Town reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Town.
C.
Design standards.
(1)
Outdoor lighting standards in parking areas shall not be located farther than 100 feet apart.
(2)
No outdoor lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 35° from a vertical plane.
(3)
All outdoor lighting shall be effectively shielded and shall be arranged so as to protect street and neighboring properties from direct glare or light radiation which may cause a safety problem or nuisance. Authority for determination shall rest with the Town Engineer.
(4)
For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA standards or equivalent.
(5)
Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, businesses, and adjacent uses, directly skyward or onto a roadway.
(6)
Illuminated signs shall have an indirect lighting source or use directional lighting fixtures that shall be top-mounted so they are aimed downward.
(7)
The maximum height of a freestanding outdoor light standard which illuminates any portion of a lot in a residential district which is improved with a dwelling shall be eight feet. The maximum height of a freestanding outdoor light standard in all other districts and for all other uses other than dwellings shall be 16 feet. The height of an outdoor lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the top of the lighting fixture.
(8)
Unless otherwise permitted by the Town (e.g., for safety, security, or all-night operations), lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and skylighting consequences.
(9)
All nonessential lighting, including display, aesthetic, parking, and sign lighting, shall be required to be turned off or reduced by 75% after business hours or 11:00 p.m., whichever is earlier, leaving only the necessary lighting for site security. Lighting proposed to remain on after 11:00 p.m. for a specific safety purpose shall be approved by the Town.
(10)
Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting) shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.
(11)
When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire lighting installation shall be subject to the requirements of this section.
(12)
Town approval of an outdoor lighting plan does not relieve the landowner of responsibility should lights, after construction, not conform to the provisions of this section.
D.
Installation. The landowner shall install or cause to be installed all lighting fixtures and facilities at their expense. Fixtures and poles shall be in accordance with a utility plan prepared by the applicant and approved by the Planning Commission or Zoning Administrator. If deemed necessary the Planning Commission may require a review of the plan by a lighting design professional. The landowner shall be responsible for all costs involved in the lighting of parking lots, streets, and street intersections.
E.
Outdoor lighting requirements. Outdoor lighting facilities in all zoning districts to illuminate private walkways, driveways, parking areas, patios, tennis courts, swimming pools, and similar areas shall not exceed 1/10 footcandle at the property lines and shall be shielded from any public right-of-way and from abutting properties.
§ 120-6.3.7 Physically handicapped parking.
[Amended 1-28-2019 by Ord. No. 1.14.2019.A]
A.
Parking spaces for the physically handicapped shall be located as close as possible to ramps, walkways, entrances, and elevators. Where feasible, these parking spaces shall be located so that the physically handicapped are not forced to wheel or walk across main traffic lanes or behind parked cars to reach the ramps and other facilities. The spaces shall be situated in those areas of the parking lots located nearest to each primary building entrance.
C.
Required number of spaces. The following number of parking spaces shall be reserved for the physically handicapped:
Total Parking Spaces in Lot | Required Minimum Number |
|---|---|
Up to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% |
Over 1,000 | 20, plus 1 for each 100 over 1,000 |
§ 120-6.4.1 Purpose and applicability.
A.
Purpose. This article is intended to establish the general requirements for the appearance of buildings which are subject to site plan review and approval and, through the application of these standards, promote and protect a cohesive architectural character within the Town.
B.
Applicability. This article shall apply to all developments in the Town where site plan review is required in accordance with the provisions of Part 2 and shall be enforced through the site plan approval process. This article is in addition to, and not in lieu of, the Chesapeake City, Maryland, Architectural Design Standards, adopted by resolution of the Town in 2006, as may be amended and revised from time to time.[1] In the event of any conflict between this article and the Architectural Design Standards, the Architectural Design Standards shall control unless a standard is less stringent than the applicable provision herein.
[Amended 9-9-2013 by Ord. No. 08.12.2013]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
C.
Required submittals.
(1)
All Category 1 site plans and all site plans in the Historic District shall include proposed street front elevations prepared by a licensed architect for all buildings.
(2)
The Zoning Administrator may require that Category 2 site plan submittals contain street front building elevations prepared by a licensed architect.
§ 120-6.4.2 Proportion; rhythm; scale.
A.
Terms.
(1)
"Proportion" refers to the relationship between width and height of building facades.
(2)
"Rhythm" refers to the repetition and space of openings (windows and doors) on individual buildings as compared with adjacent structures. "Rhythm" also refers to the space of repetitive building masses along a street.
(3)
"Scale" refers to the size (height/width) relationship between adjacent structures. "Human scale" refers to the comfortable size relationship between buildings and people.
B.
Standards. Illustration 4 shows the appropriate and inappropriate application of the basic design standards set forth below.
(1)
The proportional relationship of individual facades shall emphasize the vertical rather than the horizontal.
(2)
Large disparities between the height, width, and length of a building shall be avoided.
(3)
Large blank walls shall be avoided. Buildings shall be designed to support a human-scale environment. One of the windows on each floor may be substituted with another architectural element such as a chimney, door, garage, deck, or other element that creates visual interest and eliminates blank walls.
(4)
Buildings and accessory structures shall be compatible with neighboring buildings and structures in terms of height, proportion, rhythm, and scale.
(5)
All of the design elements of a building shall maintain the same architectural style in terms of proportion, rhythm, and scale as the overall style of the building.
(6)
Buildings shall be designed to promote a pattern of closely spaced buildings with multiple entrances.
(7)
Rooftop and exposed mechanical electrical equipment shall be screened from view. Screening shall be architecturally integrated with buildings.
(8)
Building orientation. Buildings and their main entrances shall face the front yard on the lot.
(9)
In new construction, the roof of buildings should conform to the predominant orientation of roofs on the street.
(10)
Neighborhood context should dictate the choice of materials for exterior of buildings. Standards on exterior building materials are contained in the Town's Architectural Standards.
Illustration 4  |
C.
Architectural Design Standards. The Chesapeake City, Maryland, Architectural Design Standards, which were adopted pursuant to the Architectural Review Resolution, 2006, which may be revised from time to time by resolution, and which were previously designated as Section One of the Planning and Zoning Ordinances and Regulations, are hereby adopted and made a part of this chapter as if fully set forth herein, and are incorporated herein by reference.[1]
[Added 5-15-2017 by Ord. No. 01.09.2017]
[1]
Editor's Note: The Architectural Design Standards are included as an attachment to this chapter.
§ 120-6.4.3 Modification.
The Planning Commission, in relation to a Category 1 site plan, or the Zoning Administrator, in relation to a Category 2 site plan, may modify the requirements of this article provided there are findings of facts that the modification will not have any deleterious effect on existing or planned development of adjacent properties, and where deemed appropriate due to the location, size, configuration or topographic condition of the lot, provided the Planning Commission finds that the purposes of this article will be met.
§ 120-6.5.1 Purpose and applicability.
A.
Purpose and applicability. The regulations established by this article are intended to appropriately limit the placement, type, size, and number of signs allowed and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:
(1)
Ensure that signs safely attract and direct persons to various destinations;
(2)
Protect public and private property values and investment;
(3)
Reduce hazards to motorists and pedestrians which result from excessive, confusing, and distracting signs; and
(4)
Preserve and enhance the aesthetic and historic quality of the community.
§ 120-6.5.2 Administration.
A.
Applications.
(1)
No sign shall be installed, constructed, or altered unless a sign permit and/or, where applicable, a sign program approval is first obtained in compliance with this article, or the sign is allowed without sign permit approval as provided in § 120-6.5.4.
(2)
An application for a sign permit shall be prepared and filed with the Zoning Administrator. The application shall include required application fees, elevations and plans of all proposed signs drawn to scale, with all dimensions noted. The plans submitted shall also show the location of each sign on buildings and/or the site.
(3)
The Zoning Administrator shall review and approve or deny all sign permit applications for signs located outside of the Historic District. Within the Historic District, the Historic District Commission shall review applications for sign permits and adopt and file with the Planning Commission certificates of approval or rejection. The Planning Commission shall consider the Historic District Commission certificate in its review and approval or denial of a permit. The review authority may require conditions of approval as are reasonably necessary to achieve the purposes of this article.
(4)
After approval of a sign permit and/or sign program, each sign installed and maintained on the subject site shall comply with the permit and program.
B.
Sign programs.
(1)
A sign program shall be required for any multiple occupancy commercial, professional, industrial, residential, or institutional sites or separately identifiable building group, such as a medical complex or shopping center, or an individual site of at least one acre in size or with a proposed development exceeding 10,000 square feet of total building space.
(2)
The purpose of the sign program shall be to establish signage for all tenants and users of a complex, center or development site. An approved sign program shall prescribe the standards for all signs within the area covered by the program, including size, number and types of signage permitted.
(3)
A sign program shall be approved by the Planning Commission. Within the Historic District, prior approval of the Historic District Commission shall be required.
(4)
A sign program shall comply with all provisions of this article and is not intended to provide special or additional signage.
C.
Permit and program findings for approval. The approval of a sign permit or sign program shall require that the review authority first make all the following findings:
(1)
The proposed signs do not exceed the standards of this article and, as applicable, are of the maximum size and height necessary to enable motorists and pedestrians to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site.
(2)
The proposed signs are in substantial conformance with the design criteria as may be maintained by the Town.
D.
Approval period and expiration. A sign permit or program approval shall expire one year from its date of approval unless the sign or signs have been installed within the period or a later expiration date is stated in writing at the time of approval.
E.
Sign design guidelines. The Zoning Administrator may maintain guidelines for applicants for sign permits and sign programs regarding the placement, appearance, design, and construction materials and may use such guidelines to assist applicants in complying with the purpose and provisions of this article.
§ 120-6.5.3 Prohibited signs and signage.
A.
In relation to location.
(1)
No signs shall be attached to utility poles, traffic signal poles, traffic control posts/signs, rocks, or trees visible from the public right-of-way whether on public or private property.
(2)
Except for official public way finding signs and official directional, safety or traffic signs, no sign whether temporary or permanent shall be placed within any public rights-of-way within the Town unless specified within this article.
(3)
No sign shall be located which will interfere with traffic visibility along the right-of-way of any street or along any private driveway exiting or entering a site or on any slope or drainage easement of a street.
(4)
No signs shall be attached to the sloped section of a roof structure, except in the General Commercial District.
(5)
No sign may be painted directly on any wall or roof of a building or on a fence visible from the public right-of-way.
B.
In relation to sign character.
(1)
No sign shall project any intermittent, light-emitting diode, or flashing illumination except for official public road or street signs intended to promote traffic safety. New electronic message centers (EMCs) and digital electronic signs of any kind are prohibited.
(2)
No flashing or rotating signs shall be permitted.
(3)
Pennants, streamers, and moving, flashing, windblown and all other fluttering, spinning, or similar type signs, which includes strings of light bulbs, balloons or other inflated objects, are prohibited, with the exception of special events, where you may apply to the Zoning Administrator for an exception to this section for the period of the event.
(4)
Except for official traffic signs, no sign shall be displayed, visible from the public right-of-way, which uses the word "stop" or "danger" or that implies a need for or requirement of stopping or the existence of danger.
(5)
Signs that are obscene, illegal, hazardous to traffic, imitative of official government signs (i.e., stop, danger, caution, etc.) or obstructive to public visibility, so as to create a hazard to the public, are prohibited.
(6)
Signs, attached to a parked motor vehicle, exceeding 12 square feet in area or the maximum allowable height for freestanding signs in the zoning district shall be prohibited. Signs attached to a motor vehicle which exceed four square feet but are less than 12 square feet are allowed only under the following conditions:
(a)
The vehicle is a registered, tagged, and operable vehicle and is parked in an approved parking space associated with the physical address of the sign applicant
(b)
The area of the sign attached to a motor vehicle shall count against the allowable sign area and/or total number of signs for the site on which the vehicle is legally parked.
(7)
Billboard signs are prohibited.
C.
In relation to safety, condition and neglect.
(1)
No sign shall be permitted which becomes unsafe or endangers the safety of a building, premises, or person. The Zoning Administrator shall order such signs to be made safe, to be repaired, or to be removed and such order shall be complied with within seven days of the receipt of such order, unless the condition is such that a shorter compliance period is required for public safety considerations.
(2)
No sign shall be permitted to remain which through damage, disrepair or lack of maintenance has become impaired in its functionality or blighted in its appearance. The Zoning Administrator shall order such sign to be repaired, replaced, or removed and such order shall be complied with within 45 days of the receipt of such order.
(4)
When a sign structure does not include a sign for a period of 90 consecutive days, such sign structure shall be deemed a violation and shall be removed.
§ 120-6.5.4 Signs permitted without permit.
A.
No permit required. The following signs are permitted without obtaining a sign permit or sign program approval subject to conditions set forth below:
(1)
Official traffic and parking signs provided they are erected by a governmental agency.
(2)
Temporary signs provided the following conditions are adhered to:
(a)
A property shall not display any temporary sign for more than 90 days in a year.
(b)
In all districts, the sign is no larger than six square feet in area and four feet in height.
(c)
In all districts, no more than two temporary signs shall be permitted at the same time on a given property except on properties displaying at least one legal nontemporary sign. In such a case, the property shall be limited to only one temporary sign at a time.
(d)
In all districts, temporary signs shall not be illuminated.
(3)
Signs accessory to parking lot uses provided the following conditions are adhered to:
(a)
Signs designating entrances and exits shall be limited to one sign per entrance and one per exit and neither sign shall exceed two square feet in area.
(b)
One additional sign limited to a maximum area of nine square feet is permitted which may be used to set forth conditions of use or identify the ownership of the parking area.
(c)
No such sign shall exceed six feet in height.
(4)
Commemorative plaques. Signs commemorating a historical building, its name register and/or erection date, when cut into or affixed to a permanent surface and not exceeding four square feet per building.
(5)
Street number, address, and/or name. Two such signs for each building not exceeding one square foot each in the TND District and three square feet each in all other zoning districts are allowed without a sign permit.
(6)
Window displays and signs. Signs erected or suspended in the interior of a structure to be viewed from the outside provided the following conditions are adhered to:
B.
Nonpermit signs not exempt from regulations. While the above-listed signs are permitted without a sign permit, each must still be in compliance with the terms of this chapter. Signs installed, with or without a permit, in conflict with the terms of this chapter are in violation and subject to the penalties herein.
§ 120-6.5.5 General sign standards.
A.
Standards are maximum allowable. The dimension requirements provided in this article represent the maximum size or area or distance allowed. Nothing in this article shall be deemed to imply that these regulations confer a right to the maximum.
B.
Computations of area and height.
(1)
Area.
(a)
The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the requirements of this chapter and is clearly incidental to the display itself.
(b)
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.
(2)
Height. The height of a sign shall be computed as the distance from the base of the sign at the average finished grade of the width of the sign to the top of the highest attached component of the sign.
C.
Illumination/lighting of sign. Except within the General Commercial (GC) and Marine Commercial (MC) Districts, no internally lighted signs shall be permitted within Town. Where illumination of a sign is permitted, it shall be permitted only by indirect means external to the sign face.
D.
General development opening signs.
(1)
In General Commercial (GC) and Marine Commercial (MC) Districts, one sign associated with the opening of a development is permitted, provided:
(a)
It is no greater than 64 square feet in size and no greater than eight feet in height.
(b)
It is removed upon the dedication of associated public streets and/or utilities or within one year of its installation. Reinstatement of the sign for up to one one-year period following the expiration shall require an extension of the sign permit.
(2)
In the TND, Village Center, Village Commercial, and RC Districts, one sign associated with the opening of a development is permitted, provided:
(a)
It is no greater than 32 square feet in size and no greater than eight feet in height.
(b)
It is removed upon the dedication of associated public streets and/or utilities or within one year of its installation. Reinstatement of the sign for up to one one-year period following the expiration shall require an extension of the sign permit.
§ 120-6.5.6 Sign standards specific to all districts except TND and RC Districts.
A.
Freestanding sign.
(1)
One freestanding sign is permitted per site. An approved sign program may provide for an additional freestanding sign when a lot exceeds five acres in size or has two public street frontages.
(2)
Freestanding signs shall not be located within parking lots. The area of freestanding signs shall not exceed 30 square feet. The base of the freestanding sign shall be permanently attached to the ground.
(3)
The base of all freestanding signs shall be set back a minimum of eight feet from any property line. No part of a freestanding sign shall be located within or overhang into a public or private right-of-way, sidewalk, or adjoining property.
(4)
Freestanding signs shall not exceed a maximum height of six feet.
B.
Projecting signs. Signs attached to a building shall not project more than 38 inches from the face of the building and shall have a minimum clearance of eight feet above the ground/sidewalk.
C.
Window signs. Signs may be erected or suspended in the interior of a structure to be viewed from the outside provided the following conditions are adhered to:
D.
Wall- or flat-mounted signs.
(1)
Wall-mounted signs shall be no higher than the second-floor windowsill on a building.
(2)
No single wall-mounted sign shall exceed 30 square feet in area.
(3)
Notwithstanding the above standard, in no district shall one wall-mounted sign exceed 7% of the total area of the face of the building wall inclusive of windows and door openings.
E.
Marquee signs. One marquee sign is permitted provided the sign area for the site does not exceed the maximum allowable sign area in that district.
F.
A-frame signs (placard, easel-type, sandwich board). Within the General Commercial, Marine Commercial, Village Commercial, and Village Center Districts, two A-frame signs are permitted in the public right-of-way per business provided the following conditions are met:
(1)
The sign shall not exceed six square feet if one-sided, 12 square feet if double-sided, and four feet in total height.
(2)
The sign shall not impede pedestrian traffic (minimum of 36 inches of clearance) or motor vehicle visibility and if posted along a road with speed limits greater than 35 miles per hour, it shall be placed at least 60 feet from the street right-of-way.
(3)
Signs shall be removed at close of business.
(4)
A-frame signs to be located within the Historic District shall require the approval of the Historic District Commission.
[Amended 5-22-2023 by Ord. No. 2023-003]
(5)
Additional A-frame signs are permitted to be placed within property boundaries, provided they do not exceed the maximum allowable signage area.
G.
Maximum allowable area. The maximum allowable area for all signs on a site shall be computed as two square feet per linear building frontage up to a maximum allowable area of 170 square feet except as noted below:
(1)
Buildings in excess of 100 feet in length may be permitted an additional one square foot of sign area for each linear foot of building frontage above 100 feet.
(2)
Each additional building frontage facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such additional sign area may only be used on that side of the building frontage.
§ 120-6.5.7 Sign standards specific to TND and RC Districts.
Signs permitted in the TND and RC Districts shall be limited by the following:
A.
§ 120-6.5.8 Sign standards specific to Historic District.
A.
Historic District Commission to approve. In addition to the requirements of the underlying zoning district, within the Historic District the following specific limitation on signs shall apply:
(1)
A permit of approval from the Historic District Commission is required for all new signs and existing signs that are to be altered in size, shape, and location.
(2)
Applicants for sign permits in the Historic District should refer to the Historic District Commission's design guidelines for signs.
B.
Compliance upon addition to Historic District. Upon the inclusion of additional areas within the Historic District, all signs shall comply with this article within two years from the date the area is included within the Historic District.
§ 120-6.5.9 Nonconforming signs.
A.
Zoning Administrator to enforce. The Zoning Administrator shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of the adoption of this Zoning Code. Such a sign does not qualify as a nonconforming sign.
B.
Nonconforming signs may continue. Signs existing at the time of the adoption of this article and not conforming to its provisions, but which did conform to previous laws, shall be regarded as nonconforming signs and these may be continued if properly maintained and repaired as provided in this article, except as provided below:
(1)
The structure, sign face, or accessories of a nonconforming sign shall not be altered, modified, changed, reconstructed, or moved without bringing the sign in all respects into compliance with this article; provided, however, that nothing herein shall prohibit the normal maintenance or repair of any nonconforming sign.
(2)
Under this article, a sign is inseparable from and intrinsically a part of the land use and activity of the property on which it is located. Therefore, no site plan for any property shall be approved unless it provides that all existing nonconforming signs and new signs are made to conform to the provisions of this article.
§ 120-6.5.10 Administrative adjustment of sign regulations.
A.
Adjustments. The Zoning Administrator may, upon application, administratively adjust the limitations for signs in the specific instances according to the procedures of § 120-2.2.4 of this chapter. An adjustment of up to 10% to the limitations set forth in this article with respect to the following dimension criteria is allowed: allowable sign area, height, and distance of permitted projection, setback of sign and/or distance from other properties.
B.
Findings. The Zoning Administrator may only approve an administrative adjustment upon establishing the following findings:
§ 120-6.5.11 Violations and penalties.
A.
Unlawful signs. Any sign placed in public view for which no sign permit has been issued, and that is not otherwise exempted from the permit requirement of this article, is unlawful. No person shall install, place, or maintain an unlawful sign and no person shall allow or permit the installation, placement, or maintenance of an unlawful sign on property owned by the person. The Zoning Administrator shall enforce the provisions of this article.
B.
Removal of unlawful, temporary or portable signs.
(1)
The Zoning Administrator may require the removal of any unlawful, temporary, or portable sign that is constructed, placed, or maintained on private property that is in violation of this article or other provisions of the Town Code and shall remove any unlawful, temporary, or portable sign constructed, placed, or maintained on publicly owned property.
(3)
In addition to the imposition of fines, the Town may file an action for injunctive relief in the district or circuit court for the removal of the illegal sign, if such sign is not removed by the property owner, the costs of which shall be reimbursed by the property owner to the Town within 30 days, and if such reimbursement is not made, the aforementioned costs shall be collectable by the Town in the same manner as taxes upon the real property.
Zoning District | Sign Types Permitted | Number of Signs Permitted | Maximum Signage Area per Sign (square feet) | Maximum Height (feet) | Illumination Permitted | Other Provisions |
|---|---|---|---|---|---|---|
General Commercial (GC), Marine Commercial (MC), Village Center (V-1), Village Commercial (V-2) | Freestanding | 1* | 2 per linear building frontage^ | 6 | External | Minimum 8-foot setback from any property line. No part of sign shall be located within or overhang onto a public or private right-of-way, sidewalk, or adjoining property. *Sign program may provide for additional signs when lot exceeds 5 acres or has 2 public street frontages. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. |
Projecting | Limited by signage area | 2 per linear building frontage^ | External | Shall project no more than 38 inches from the face of the building and shall have a minimum clearance of 8 feet above the ground/sidewalk. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. | ||
Window | Limited by signage area | No more than 25% of the window area may be covered | External | The area of window signs shall be included in the count of maximum allowable sign area and sign number for the site. | ||
Wall/flat | Limited by signage area | 30 | * | External | No wall-mounted sign shall exceed 7% of the total area of the face of the building wall inclusive of windows and door openings. *Shall be no higher than the second floor windowsill on a building. | |
A-frame | 2 per street frontage | 6 per side | 4 | None | Sign shall not impede pedestrian traffic or motor vehicle visibility, shall be removed each night, and if posted along a road with speed limits greater than 35 mph it shall have a set back of 60 feet. | |
Marquee | 1* | External | *Provided the sign does not exceed the maximum allowable sign area in that district. |
Zoning District | Sign Types Permitted | Number of Signs Permitted | Maximum Signage Area per Sign (square feet) | Maximum Height (feet) | Illumination Permitted | Other Provisions |
|---|---|---|---|---|---|---|
General Commercial (GC), Marine Commercial (MC), Village Center (V-1), Village Commercial (V-2) | Freestanding | 1* | 2 per linear building frontage^ | 6 | External | Minimum 8-foot setback from any property line. No part of sign shall be located within or overhang onto a public or private right-of-way, sidewalk, or adjoining property. *Sign program may provide for additional signs when lot exceeds 5 acres or has 2 public street frontages. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. |
Projecting | Limited by signage area | 2 per linear building frontage^ | External | Shall project no more than 38 inches from the face of the building and shall have a minimum clearance of 8 feet above the ground/sidewalk. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. | ||
Window | Limited by signage area | No more than 25% of the window area may be covered | External | The area of window signs shall be included in the count of maximum allowable sign area and sign number for the site. | ||
Wall/flat | Limited by signage area | 30 | * | External | No wall-mounted sign shall exceed 7% of the total area of the face of the building wall inclusive of windows and door openings. *Shall be no higher than the second floor windowsill on a building. | |
A-frame | 2 per street frontage | 6 per side | 4 | None | Sign shall not impede pedestrian traffic or motor vehicle visibility, shall be removed each night, and if posted along a road with speed limits greater than 35 mph it shall have a set back of 60 feet. | |
Marquee | 1* | External | *Provided the sign does not exceed the maximum allowable sign area in that district. |
Zoning District | Sign Types Permitted | Number of Signs Permitted | Maximum Signage Area per Sign (square feet) | Maximum Height (feet) | Illumination Permitted | Other Provisions |
|---|---|---|---|---|---|---|
General Commercial (GC), Marine Commercial (MC), Village Center (V-1), Village Commercial (V-2) | Freestanding | 1* | 2 per linear building frontage^ | 6 | External | Minimum 8-foot setback from any property line. No part of sign shall be located within or overhang onto a public or private right-of-way, sidewalk, or adjoining property. *Sign program may provide for additional signs when lot exceeds 5 acres or has 2 public street frontages. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. |
Projecting | Limited by signage area | 2 per linear building frontage^ | External | Shall project no more than 38 inches from the face of the building and shall have a minimum clearance of 8 feet above the ground/sidewalk. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. | ||
Window | Limited by signage area | No more than 25% of the window area may be covered | External | The area of window signs shall be included in the count of maximum allowable sign area and sign number for the site. | ||
Wall/flat | Limited by signage area | 30 | * | External | No wall-mounted sign shall exceed 7% of the total area of the face of the building wall inclusive of windows and door openings. *Shall be no higher than the second floor windowsill on a building. | |
A-frame | 2 per street frontage | 6 per side | 4 | None | Sign shall not impede pedestrian traffic or motor vehicle visibility, shall be removed each night, and if posted along a road with speed limits greater than 35 mph it shall have a set back of 60 feet. | |
Marquee | 1* | External | *Provided the sign does not exceed the maximum allowable sign area in that district. |
Zoning District | Sign Types Permitted | Number of Signs Permitted | Maximum Signage Area per Sign (square feet) | Maximum Height (feet) | Illumination Permitted | Other Provisions |
|---|---|---|---|---|---|---|
General Commercial (GC), Marine Commercial (MC), Village Center (V-1), Village Commercial (V-2) | Freestanding | 1* | 2 per linear building frontage^ | 6 | External | Minimum 8-foot setback from any property line. No part of sign shall be located within or overhang onto a public or private right-of-way, sidewalk, or adjoining property. *Sign program may provide for additional signs when lot exceeds 5 acres or has 2 public street frontages. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. |
Projecting | Limited by signage area | 2 per linear building frontage^ | External | Shall project no more than 38 inches from the face of the building and shall have a minimum clearance of 8 feet above the ground/sidewalk. ^Buildings in excess of 100 feet in length may be permitted an additional 1 square foot of sign area for each linear foot of frontage above 100 feet. Additional building frontages facing a street or parking area may have up to 0.5 square foot of sign area per linear foot of road frontage, but such sign area may only be used on that side of the building. | ||
Window | Limited by signage area | No more than 25% of the window area may be covered | External | The area of window signs shall be included in the count of maximum allowable sign area and sign number for the site. | ||
Wall/flat | Limited by signage area | 30 | * | External | No wall-mounted sign shall exceed 7% of the total area of the face of the building wall inclusive of windows and door openings. *Shall be no higher than the second floor windowsill on a building. | |
A-frame | 2 per street frontage | 6 per side | 4 | None | Sign shall not impede pedestrian traffic or motor vehicle visibility, shall be removed each night, and if posted along a road with speed limits greater than 35 mph it shall have a set back of 60 feet. | |
Marquee | 1* | External | *Provided the sign does not exceed the maximum allowable sign area in that district. |