Frederick City Zoning Code

Sec. 420

CARROLL CREEK OVERLAY DISTRICT

Purpose:

(1)

The Carroll Creek Overlay District ("CCO") is established to control development in the area designated the Carroll Creek Overlay District and insure that private investment in the CCO is complementary with design standards outlined in the document entitled Carroll Creek Park Design Development Standards (hereinafter the "Design Standards"), dated November 7, 2003, which document is hereby incorporated by reference. The City hereby adopts the Design Standards as legislative findings as if they were set out in their entirety herein.

(2)

This district establishes design standards to guide the new construction and rehabilitation of buildings, streetscapes, and creekscapes within the Carroll Creek Overlay District.

(3)

The City finds that the standards established in this District should accomplish the following objectives:

To reinforce and build upon Frederick's cultural, historical, and architectural assets;

To create a high quality, pedestrian- and multi-modal-friendly environment in the Carroll Creek Overlay;

To establish a shared public-private partnership that promotes and achieves high quality development and design in Carroll Creek Overlay;

To ensure that structured and surface parking is not visible from Carroll Creek Park;

To minimize the negative impact of large paved surfaces, such as surface parking lots, on the visual quality of the environment;

To create a development pattern that connects the different areas and elements within the Carroll Creek Overlay, without promoting design uniformity;

To reinvigorate the Carroll Creek Overlay's existing commercial areas and residential neighborhoods and promote new mixed-use development in the Carroll Creek Overlay as a means of infusing around-the-clock activity into the area;

To establish a coordinated approach to the City's development review and regulation processes as related to development in the Carroll Creek Overlay and to more clearly communicate the City's development policies for the Carroll Creek Overlay;

To effectuate a fair and predictable development review process within Carroll Creek Overlay, through the use of design development standards and a coordinated review process;

To convey the interests of the community of Frederick through well written, clearly understood development and design standards;

To support, preserve and protect the architectural character and surrounding setting of Frederick's historic downtown core by coordinating with the design criteria set forth in the Frederick Town Historic District Design Guidelines;

To approve development on East Street south of Carroll Creek that compliments the historic district and establishes East Street as a major gateway to downtown Frederick.

(a)

Scope.

(1)

Applicability. This section applies to any site improvements, development, use, or change of use within the Carroll Creek Overlay District, as qualified by subsections (2)B and (2)C, below.

(2)

Relationship to Other Ordinances.

The standards and procedures established by this section do not supersede any federal, state, county or municipal approval procedures, except as provided below.

If any standard in Section 420 is addressed by any other local ordinance, code, or guideline, the more restrictive shall apply. Notwithstanding the previous sentence, any conflict between the Frederick Town Historic District Design Guidelines and Section 420, with respect to new construction that occurs in the area of the Carroll Creek Overlay that is within the Historic District Overlay, shall be resolved by complying with the Frederick Town Historic District Design Guidelines. Where the Frederick Town Historic District Design Guidelines are silent, Section 420 shall apply.

The provisions of subsections (f) and (j) of this section shall not apply to additions, rehabilitation, renovation, replacement buildings, or the demolition of buildings within the Frederick Town Historic District.

The demolition of properties that are included in the National Register of Historic Places, or that are designated by the City as historic properties, or that are designated by the City as historic overlay districts, shall be prohibited unless:

Denial of the application will be deterrent to a major improvement program that will be of substantial benefit to the City;

Denial of the application will not be to the best interest of a majority of persons in the community;

Denial of the application will result in undue financial hardship to the owner.

(b)

District Boundaries. The boundaries of the Carroll Creek Overlay are as established in the Zoning District Map. A copy of the boundaries is attached as Figure 420-1 as a general reference. To the extent that there is any inconsistency between Figure 420-1 and the Zoning District Map, the Zoning District Map controls.

City of Frederick Carroll Creek Overlay District

Figure 420-1 Carroll Creek Overlay District Boundaries (unofficial)

(c)

Zoning Requirements.

(1)

All new residential or mixed use development within the Carroll Creek Overlay is subject to the standards outlined in Section 405, unless otherwise modified by this section.

(2)

One additional dwelling unit beyond the maximum density allowed per Section 405(a), may be obtained per parking space provided in an onsite parking structure as follows:

The parking structure must comply with subsection (g)(3) of this Section;

The additional density, together with any density bonus obtained pursuant to Section 405(d), may not exceed 100% of the density allowed under Section 405(a); and

The minimum parking requirement for all units must be provided.

(d)

Accessory Retail Sales in the M1 Zoning District. Within the CCO, on lots zoned M1 and having frontage on Carroll Creek Park, retail sales is permitted as an accessory use for any manufacturing, processing, assembly, warehouse or distribution center use, subject to the following:

(1)

The gross square footage for accessory retail sales may not exceed 40 percent of the total combined square footage of the manufacturing and retail space;

(2)

At least 15 percent of the net leasable area for accessory retail sales must be dedicated to the sale of goods manufactured, processed, or assembled on site; and

(3)

The accessory retail sales area must occupy the portion of the structure immediately adjacent to Carroll Creek Park, and the primary entrance to the accessory retail sales area must be immediately adjacent to Carroll Creek Park.

(e)

Non-Permitted Uses. The permitted uses within the CCO are the same as those in the underlying zoning district, except that the following uses are not permitted:

(1)

Drive-through uses.

(2)

Fuel sales.

(3)

Wholesale or retail sale, distribution or rental of motor vehicles, motor vehicle supplies, tires, and new and/or used parts or accessories.

(4)

Establishments primarily engaged in providing repair and maintenance services for automotive vehicles.

(5)

Outdoor storage yards unless completely screened.

(6)

Moving or relocation establishments and self-storage facilities

(f)

Height, Placement, Orientation, and Massing. The building height, placement, orientation, and massing for all new construction in the CCO shall conform to the following subsections. All other setbacks shall comply with Section 405. If there is a conflict between this section and Section 405 for any setback, this section shall govern.

(1)

Height Requirements.

A historic building shall be defined as any building that contributes to the Frederick Historic District (National Register of Historic Places), designated a Historic District Overlay by the City of Frederick, or included in the Maryland Inventory of Historic Properties.

The minimum building height shall not be less than 25 feet from grade to the top of the building, excluding mechanical penthouses.

Penthouses that house mechanical equipment may exceed the maximum building height limit by 6 feet with the following conditions: the penthouse must be built of a permitted material (see Table 420-5) that corresponds with or complements the primary building material; the penthouse steps back 20 feet from any building edge; and the sum of all mechanical penthouses comprises no more than 15% of the roof area.

Additions to an existing historic building shall not be more than 15 feet higher than the existing historic building.

On historic buildings within the CCO, additions shall not be built on the front of the building or at the top of the building visible from the right of way or Carroll Creek.

All provisions established in the Table 420-1.

Table 420-1 Height Requirements for New Construction Outside of the Frederick Town Historic District.

Area of Applicability (A)	Maximum Front Wall Height (B)	Sky Exposure Plane (C)	Maximum Building Height (D)	Incentive Adjustment (E)
A.1 Any portion of a property within 150 feet of the centerline of Carroll Creek.	Per Solar Access Requirements not to exceed 45 feet (See 420.f.2)	Per Solar Access Requirements (See 420.f.2)	60 feet or 365 feet above mean sea level, whichever is less	Not applicable
A.2 Not including areas listed in A.1: (a) Any portion of a property 70 feet from the edge of the S. East Street ROW, south of Carroll Creek. (b) Any portion of a property within 70 feet from the edge of the E. Patrick Street ROW, east of NRHP-FHD line.	¾ times the average width of the ROW along the length of the property along the street	1 foot horizontal for every 1.5 feet vertical	70 feet or 365 feet above mean sea level, whichever is less	Per approval of the Reviewing Authority
A.3 Not including areas listed in A.1 and A.2 Area that lies within the NRHP-FHD and within 70 feet of the NRHP-FHD.	¾ times the average width of the ROW along the length of the property along the street	1 foot horizontal for every 1 foot vertical	60 feet or 365 feet above mean sea level, whichever is less	Not applicable
A.4 Not including areas listed in A.1, A.2, and A.3 Areas that lay outside 70 feet from the NRHP-FHD.	1 times the average width of the ROW along the length of the property along the street	1 foot horizontal for every 2 feet vertical	70 feet or 365 feet above mean sea level, whichever is less	Per approval of the Reviewing Authority
Rules of Interpretation
General Rule - When a narrower right of way intersects a wider right of way, the height of the building or portion of the building along the narrower right of way, within 70 feet of the wider right of way, shall be governed by the height allowed for buildings on the wider right of way.
(A) Area of Applicability - Any portion of new construction within the described areas are subject to the height restrictions specified.
(B) Maximum Front Wall Height - The maximum height of the front wall of new construction facing a right of way or Carroll Creek.
(C) Sky Exposure Plane - The slope that extends upward and back from the Maximum Front Wall Height (B) to the Maximum Building Height (D) and defines the allowable building envelope. Sky Exposure Planes are not applicable to interior lot lines or courtyards.
(D) Maximum Building Height - The allowable height of new construction, not including mechanical penthouses.
(E) Incentive Adjustment - The Maximum Front Wall Height (B) and the Sky Exposure Plane (C) can be waived if the following conditions are met: The Maximum Building Height (D) is decreased by 10 feet and the length of the Maximum Front Wall (B) along any individual right of way or Carroll Creek frontage does not exceed 60 feet.

(2)

Solar Access Requirements.

This item is only applicable to properties or portions of properties within 150 feet from the center line of Carroll Creek.

The building height, placement, and massing shall be so designed as to provide direct sunlight to the Carroll Creek Linear Park as defined:

Table 420-2 Solar Access Requirements

Location of Proposed Building	Analysis Zone	Required hours of direct sunlight received within the analysis zone measured at the winter solstice	Required hours of direct sunlight received within the analysis zone measured at the summer solstice
Building facing the north bank of Carroll Creek	North bank of Carroll Creek within 30 feet of the Creek's edge parallel to the bank	7 Hours	10 Hours
Building facing the south bank of Carroll Creek	North bank of Carroll Creek within 30 feet of the Creek's edge parallel to the bank	3 Hours	12 Hours
Limits of Calculations: The limits solar calculation shall be measured exclusive to the proposed construction. Shades and shadows of other buildings shall not be included in the calculations. The solar calculations shall only measure the impact of the new construction and additions. These calculations shall not be used for historic buildings.

(3)

Placement.

The maximum front yard setback from the property line is two feet or a minimum setback from the curb line of ten feet, whichever is greater.

The maximum interior setback is ten feet and at least zero feet on one side.

The rear yard setback shall comply with the underlying zoning.

(4)

Orientation.

The dominant elevation shall be defined by the greatest amount of architectural detailing and shall contain the most prominently detailed entrance.

Buildings shall have a dominant elevation face the right of way and Carroll Creek.

Buildings that do not front Carroll Creek shall have the dominant elevation face the right of way.

Buildings that front multiple rights of way shall have the dominant elevation face the widest right of way.

Buildings that face Carroll Creek and multiple rights of way shall have a dominant elevation face Carroll Creek and the widest right of way.

(5)

Massing.

Vertical Bay Expression.

The overall building massing shall be divided into repetitive architectural bays measuring no greater than 30 feet for each individual bay.

Consecutive bays may be no greater than 60 feet in total horizontal length.

A singular building façade shall not exceed 120 feet in length.

No contiguous structure shall exceed 180 feet in horizontal length along any individual right of way.

A vertical transition must be provided between consecutive bays, which shall be offset horizontally no less than six inches and no greater than two feet.

Horizontal Expression Lines.

Building elevations for new construction shall be divided into base level, middle level, and roof level.

Horizontal expression lines shall be provided between each division.

A building exceeding 50 feet in height shall provide a mid-building horizontal expression line within a zone 32 to 42 feet above finish grade.

Horizontal expression lines shall consist of cornices, awnings, canopies, changes in wall materials, textures or patterns, or recessed elements.

Courtyards.

No more than 30 percent of a building façade can be interrupted by a courtyard.

Courtyards shall be defined along the sidewalk by a wall, fence, or colonnade.

Corner Buildings.

Corner buildings that abut a primary intersection shall include at least one of the following elements at that corner: bay or oriel window, recessed entryway, or other detailing or massing that emphasizes the corner. By modification, the upper portion of a corner element may be permitted to exceed the height limitation, but not to exceed 70 feet or 360 mean sea level, whichever is less.

The primary intersections are the following: East Street and Carroll Creek; Patrick Street and Carroll Creek; Patrick Street and East Street; South Street and East Street.

Figure 420-2 Building Massing
Note — The building depicted above is for illustrative purposes only and is not intended to indicate a preferred architectural style.

Figure 420-4 Height Requirements Within 150 feet of Carroll Creek Center Line

Example of building envelopes in the A.1 Area of Applicability, Table 420-1.

Figure 420-5 Height Requirements on East Street (south of Carroll Creek) and Patrick Street (east of the NRHP-FHD boundary)

Example of building envelopes in the A.2 Area of Applicability, Table 420-1.

Figure 420-6 Height Requirements in the NRHP-FHD and within 70 feet of the NRHP-FHD, excluding A.1 and A.2.

Example of building envelopes in the A.3 Area of Applicability, Table 420-1.

Figure 420-7 Height Requirements 70 feet outside of the NRHP-FHD

Examples of building envelopes in the A.4 Area of Applicability, Table 420-1.

(g)

Parking.

(1)

Generally. The number of parking spaces required, parking space dimensions, and all other parking regulations are subject to Section 607 of this Code, except as provided below.

(2)

Location and Number of Spaces.

The purpose of this section is to provide for adequate parking within a reasonable distance of the proposed use, while maintaining flexibility for uses with different peak parking periods. Where parcels within a block are developed by different owners, any required off-street parking requirements shall be accommodated on the same block or adjacent block as the proposed development, unless a written joint use agreement is submitted. The joint use agreement shall be submitted along with an application for site plan review. The joint use agreement shall be considered and approved, approved with conditions, or denied as part of the site plan review. Any approved joint use agreement shall be considered necessary to site plan approval. The applicant shall record a binding restrictive covenant that incorporates the joint use agreement in the Land Records of Frederick County. The joint use agreement shall bind the deed or parcel through a legally enforceable agreement. The joint use agreement shall include the following:

The entire land area subject to the agreement; and

The owner or owners of all structures then existing on such land area; and

All parties having a legal interest in such land area and structures; and

Evidence that is sufficient to establish the status of applicants as owners of parties in interest; and

Plans showing the location of the uses or structures for which off-street parking facilities are required; and

The location of the off street parking facilities; and

The schedule of times used by those sharing the parking facilities in common.

Developments that contain a mix of uses on the same parcel, as set forth in Table 420-3 may reduce the amount of any required parking in accordance with the following methodology:

Determine the minimum parking requirements in accordance with Table 420-3 for each land use as if it were a separate use,

Multiply each amount by the corresponding percentages for each of the five time periods set forth in Columns (B) through (F) of Table 420-3,

Calculate the total for each time period, and

Select the total with the highest value as the required minimum number of parking spaces.

Table 420-3 Shared Parking Ratios

	Weekday		Weekend
(A) Land Use	(B) Daytime (9 a.m.—4 p.m.)	(C) Evening (6 p.m.—midnight)	(D) Daytime (9 a.m.—4 p.m.)	(E) Evening (6 p.m.—midnight)	(F) Nighttime (midnight 6 a.m.)
Office/Industrial	100%	10%	10%	5%	5%
Retail	60%	90%	100%	70%	5%
Hotel	75%	100%	75%	100%	75%
Restaurant	50%	100%	100%	100%	10%
Entertainment/Commercial	40%	100%	80%	100%	10%

For purposes of this subsection, a "development" includes a proposed development on a single lot or parcel that has more than one use, or developments on different lots or parcels under more than one ownership that are subject to an approved joint use agreement as provided in subsection B., above. No use may reduce its parking requirements pursuant to this section, or change any use after it is approved for a parking reduction pursuant to this section, unless a zoning certificate is approved in accordance with Section 302 of this Code. For uses that are not listed in Table 420-2, the Zoning Administrator shall determine the parking requirements based upon any of the following:

Any binding conditions proposed by the applicant to restrict the hours of operation so that they do not coincide with the peak parking hours of another proposed use; or

Any generally accepted studies, empirical evidence, or other substantially competent evidence that related to the parking demands of the proposed use.

If a use changes to another use in a different category, the Zoning Administrator shall determine if additional parking is required by applying Table 420-2. No zoning certificate shall be approved for the change in use until such additional parking is required.

The minimum number of required parking spaces for a lot or parcel for a use that is located within one-quarter of a mile from a transit station shall be reduced by 50 percent. This subsection does not apply where parking has been reduced pursuant to Section 607(c).

(3)

Structured Parking. In order to minimize the view of parking areas from public places such as streets and Carroll Creek Park, the location and design of public and private parking structures shall comply with the following:

Parking structures shall have non-parking active uses on that portion of all building floors that abut a street. The reviewing Authority may modify this requirement so as to eliminate active uses on the street-facing wall. In considering a request for a modification, the Reviewing Authority shall evaluate the following criteria:

The width of the street right-of-way along the building frontage for which the modification is being requested;

The Comprehensive Plan classification of the street along the building frontage for which the modification is being requested;

The amount of linear frontage of the structure along which the modification is being requested; and

The architectural treatments of the façade along the building frontage for which the modification is being requested.

A parking structure shall not exceed the height of adjacent structures, unless modified by the Reviewing Authority.

No floors of a parking structure shall have frontage on Carroll Creek.

The architectural treatment of parking structures that are visible from the public right of way shall have the same form, scale, massing, rhythm, exterior building materials, colors and textures as adjacent structure(s) on the same block.

Directional signs shall be located at pedestrian entrances and exits to parking structures.

Pedestrian entrances and exits to parking structures shall be accessible from public streets and Carroll Creek.

Public parking structures shall include public restrooms, bike lockers, and vending machines. Private parking structures exceeding 100 spaces or 20,000 square feet shall include restrooms, bike lockers, and vending machines. The Reviewing Authority may waive this requirement if it finds that such facilities are available to the public on the same lot or parcel, or on other parcels on the same block. Restrooms and bike lockers shall not be visible from the public right of way, but shall be visible to the parking attendant. The restrooms shall be made visible from parking spaces in the lot through the use of signage, the placement of the bathrooms relative to parking spaces, and similar wayfinding techniques. The lighting of parking structures shall comply with the security requirements of the Illuminating Engineering Society of North America, IESNA Lighting Handbook (9th Ed. 2000), which document is hereby incorporated by reference.

Figure 420-9 Example of Structured Parking Placement

(4)

Surface Parking. In order to minimize the view of parking areas from public places such as streets and Carroll Creek Park, all surface parking must meet the requirements of this paragraph.

Required surface parking shall be located within the same or adjacent block as the use;

Except as otherwise provided in subparagraph C of this paragraph, surface parking must not be visible from a street right-of-way or Carroll Creek Park;

Figure 420-10 Surface Parking Internal to the Block Core

The reviewing authority may grant a modification to allow surface parking that is visible from a street right-of-way or Carroll Creek Park in accordance with subsection (k)(4) of this section and this paragraph. In order to approve a modification, the reviewing authority must find that the proposed surface parking area:

Will comprise no more than 60 spaces or the number of spaces required to meet the minimum on-site parking standards established in Section 607 of this Code, whichever is less;

Will not exceed 240 feet in length along the frontage of Carroll Creek Park or any right-of-way;

Will be designed with features that will help obscure the visibility of the parking area, such as landscaping or topographical differences; and

Will be screened with a masonry wall that:

Is constructed with materials consistent in appearance with the exterior building materials of the principal use or the architecture of adjacent buildings or hardscapes;

Is at least three feet, but no more than four feet, in height;

Will not obstruct safe visibility for vehicular traffic or pedestrians; and

If facing a public street right-of-way or Carroll Creek Park, incorporates public seating for ever 50 feet of linear frontage.

Planting beds for perimeter and interior parking lot plant materials shall be separated from parking spaces and access aisles by concrete or masonry barrier curbing.

Parking lots shall be separated from sidewalks, streets, or alleys by an open space between the parking area and the edge of the right-of-way. The open space shall be at least five feet in width, or three feet if curb stops are used. This area shall be planted with grass, or shrubbery, and shall incorporate a masonry wall if required under subparagraph (c)(4) of this paragraph. A wall is not required where the parking area abuts an alley.

Interior parking lot plant materials shall be spaced to divide lots into groups of parking spaces. Parking lots shall have one planted island with one shade tree per 20 parking spaces. Planting islands shall:

Have a minimum size of 162 square feet.

Have dimensions of at least nine feet in width and 18 feet in length.

Spaced at intervals not exceeding 90 feet.

A minimum of five percent of the total area of the lot shall be dedicated to planted areas. Plant materials, such as hedges, trees, ground covers, and grass, may be installed in areas of a parking lot that are not devoted to parking spaces, lanes, or other uses.

The required landscaped area for parking lots (see Section 605(g)) may be decreased by 25 percent where:

At least 25 percent of all outdoor vehicular pavement area consists of decorative pavement, such as brick; or

At least 50 percent of all outdoor pedestrian pavement area consists of decorative pavement, such as brick.

(5)

Temporary Parking Lots. Improved temporary parking lots may be established on vacant lots or in conjunction with development projects in order to accommodate vehicles associated with the construction activities. Temporary parking lots are permitted for a period not exceeding one calendar year from the date of initial use. No temporary parking lot shall be established until a zoning certificate is issued. Paving materials for temporary parking lots must be approved by the City Department of Engineering as a dust-free surface, consistent with the Standard Specifications and Details published by the Department of Engineering and incorporated herein by reference.

(h)

Services and Loading.

(1)

Generally. Service and loading areas shall not be visible from the public right-of-way or Carroll Creek Park, except as provided in the following section.

(2)

Loading Areas and Refuse Containers.

Loading areas and refuse containers shall either be located internal to the building they are intended to serve, or external to the building subject to the standards established in subsection B, below.

If loading areas or refuse containers cannot be located internal to the building they serve due to unique topographical conditions or space limitations due to their location in an existing structure, they shall not be visible from the public right-of-way. External loading areas and refuse containers shall be screened on all sides with a minimum six-foot high wall with the exception of the access opening. The maximum height shall be dictated by the underlying zoning code. Pedestrian and vehicle access shall be screened by a solid operable gate of the same height as the wall. The walls, gates, and doors shall be:

Attached to the exterior walls of the principal structure; and

Finished with the same exterior materials as the principal structure. However, gates may be constructed of metal or wood, except as limited in subsection (i).

Loading areas shall be accessible via an operable solid gate and/or door.

Refuse containers shall be placed on a concrete pad with sufficient strength to prevent them from sinking into asphalt or soil. The containers themselves shall be enclosed on all sides with an operable door for inserting refuse.

A common refuse container may be shared between uses on separate lots that do not have sufficient area to store refuse, with the submittal of a shared access agreement signed by all parties involved. The refuse container shall comply with the screening requirements listed above.

All tenants must comply with applicable sections of Chapter 10 of the Frederick City Code.

(3)

Ground Mounted Equipment.

Mechanical, electrical, or plumbing equipment shall be installed in a manner that will not destroy or damage a building's character-defining elements or facade details.

Ground-mounted equipment shall be located within a loading area unless the location is not feasible. Where this location is not feasible, mechanical equipment shall be located where it is not visible from the public right-of-way and adjacent properties. A location within the loading area is not considered "feasible" if the lot size is inadequate for normal loading operations that are customary for the use, and if the mechanical equipment does not exceed the size that is customary for the type of building or structure.

(4)

Roof Mounted Equipment. Roof mounted mechanical units or utility equipment shall be screened from the public right of way and adjacent properties. The method of screening shall be integrated with the structure in terms of its architectural form, materials, color, shape and size. Equipment shall be screened by building elements (such as a penthouse or parapet wall), rather than through add-on screening (such as wood or metal slats). See Section (f)(1)(b).

(5)

Supply and Exhaust Vents. No supply or exhaust vents shall be located on an elevation facing Carroll Creek, on a dominant elevation, or within 20 feet of any pedestrian entrance.

(6)

Noise. Frederick City Code, Sections 15-21 to 15-21.8 is included in this section by reference.

(7)

Communication Antennas and Satellite Dishes. The City hereby finds that the Carroll Creek Overlay is an area with unique aesthetic values and character, and that the unregulated proliferation of communication antennas and satellite dishes would significantly degrade the appearance of the overlay district and its ability to attract new commercial and residential development in this area. The City also finds that the regulations established below are no more burdensome to satellite users than is necessary to achieve the aesthetic, health, or safety objectives established elsewhere in the code. Accordingly, the following standards apply to the establishment of any communication antenna or satellite dish in the Carroll Creek Overlay:

Communication antennas shall comply with Section 780 of the Land Management Code, as well as the following requirements.

Communication antennas are permitted in commercial districts where they are accessory to an established use. Communication antennas, including ancillary appurtenances, or equipment enclosures, shall be camouflaged and aesthetically compatible with buildings in the district. Such facilities may have a secondary function including, but not limited to, the following: church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or similar elements.

Communication antennas are permitted in residential districts where they are accessory to an established use. These structures shall be located in the rear yard, and shall not exceed the maximum building height for the underlying zoning district.

Communication antennas and support structures that are not attached to a building are not permitted in the CCO unless they are not visible from the public right of way.

The Reviewing Authority may grant a modification of these sections where the applicant demonstrates that the proposed modification is needed to comply with state or federal law.

(8)

Utilities.

This subsection applies to utilities such as electric, telephone, cable, gas, sewer, and water (hereinafter "utilities").

Utilities shall be placed underground in new construction or installation of new utility infrastructure.

Utilities shall provide for interconnections such as the installation of sleeves for future extension of piping, shared, and oversized utility connections between buildings and shared entry courts or loading areas.

Exposed exterior mechanical, electrical and plumbing elements such as storage tanks, cooling equipment, air conditioning units, and processing equipment shall not be visible from the public right-of-way. These elements shall:

Incorporate or continue the same materials, rhythm and scale as the building facade; and

Shall be screened from adjacent properties, public rights of way, and public streets in accordance with the City's Land Management Code.

Utility boxes, such as gas and electric meters and cable and telephone boxes, shall be located in the service and/or loading areas of the building they service. Utility boxes shall not front onto public rights-of-way, streets, or Carroll Creek Park unless they are screened completely from view by mature landscaping or building materials that are the same as the principle building.

(i)

Creekscape and Streetscape Requirements.

Table 420-4 Design Standards for Creekscape and Streetscape Development

General requirements for new streets	• Unless otherwise noted in this section, new streets shall utilize the geometric design standards set forth in Section 611(e) Table 611-2.
	• The connectivity ratio shall be no less than 1.8 (see Section 611(j)).
	• Neck downs with pedestrian crosswalks may be used at intersections.

	General Notes	Permitted Specifications	Prohibited Specifications
Pedestrian Crosswalks	• This applies to crosswalks located on private property, as required as a part of condition for a site plan approval, or in situation that protect the health and safety of pedestrians crossing a street.	• Pedestrian walk surface shall consist of brick pavers and shall be contained with an 8 inch wide concrete band on both sides.	• Utilizing painted striping only.
Pedestrian Crosswalks		• Walkway width shall be a minimum of 10 feet or the width of the adjacent sidewalk.	• Utilizing painted striping only.
Private Pedestrian Walkways	• Private walkways shall connect with the existing and adopted public sidewalk and pathway systems and motor courts, buildings, and public spaces.	• Walkways shall be constructed of brick (standard dimension), cut stone or concrete. A modification may be granted by the reviewing body for use of other paving types.	• Asphalt walkways
		• Walkways connected to a residential use shall be a minimum of 4 feet wide.
		• Walkways connected to a commercial use shall be a minimum of 6 feet wide.
Sidewalks and Other Public Walkways	• Public sidewalks shall be provided along all streets and both sides of Carroll Creek.	• Scoring patterns and/or brick patterns shall match existing adjacent public sidewalks.	• Asphalt walkways
		• New public sidewalks shall comply with sidewalk improvement standards adopted by the City of Frederick.
		• Sidewalks along public rights of way shall have a minimum width of 8 feet.
Bikeways	• Bikeways shall be aligned with the City adopted bikeway plan.	• Bikeway paving shall be asphalt or other surface found by the Reviewing Authority to be of equivalent durability and smoothness.	• Brick and other non-continuous paving materials.
		• On bikeways used for both bicycles and pedestrians, concrete shall be used.
		• Bikeways shall have a minimum width of 8 feet.
Retaining Walls	• The design and location shall be designated on the site plan.	• Permitted materials are: Metal, Cast stone, Brick, Stone.	• Painted or exposed CMU.
		• CMU is permitted as back up	• Painted or exposed concrete.
		• Cast stone, stone, or brick coping shall be used on all retaining walls.	• Wood ties
Fences	• Location and appearance of fencing shall comply to section 821 and may not be placed in any residential front yard.	• Permitted materials are: Metal, except as prohibited. Cast stone Brick Stone	• Chain link, barbwire, exposed steel, and exposed galvanized metal are prohibited metal fences.
	• The design and location shall be designated on the site plan.	• CMU is permitted as back up.	• Stockade, split rail, plywood T1-11, and alternating board are prohibited wood fences.
		• Cast stone, stone or brick coping shall be used on all walls.
		• Wood fencing, except of prohibited materials, is limited to areas were the underlying zoning district is residential and for gates on areas concealing loading areas and refuse containers. It must be painted or stained.	• Unfinished wood is prohibited.
			• Solid brick walls longer than 20 linear feet are not permitted except to screen surface parking.
Benches	• Benches shall be placed such that pedestrian movements are not obstructed.	• Permitted materials are metal, stone, concrete, or exterior grade hardwood (epay or equivalent species).	• Soft woods or pressure treated lumber
			• Synthetic materials
	• The design, quantity, and location shall be designated on the site plan.	• Backed benches are required.
		• Un-backed benches may be used with modification by the Reviewing Authority, if they are accessed from both directions.
		• Armrests shall be provided every 4 linear feet.
		• Material requirements, armrests and backs are not required for benches that are designated as public art by the Reviewing Authority.
Trash Receptacles	• Trash receptacles shall be provided in public plaza areas, open space plazas, open space greens, and every 300 feet along a public right-of-way.	• Trash receptacles must be fabricated of metal, polished stone, or sealed concrete.	• Wood, unpolished stone, un-sealed concrete, or synthetic materials are not permitted.
		• Receptacles shall have removable liners and lids.
	• The design, quantity, and location shall be designated on the site plan.	• Receptacles shall have removable liners and lids.
Bike Racks	• Bike racks shall be provided along bike paths, parking lots, and in designated areas along public rights-of-way.	• Bike racks shall be U-bar, winder, or bollard type.	• Painted metal, wood, and synthetic materials are prohibited.
		• Bike racks shall be unpainted galvanized metal.
	• The design, quantity, and location shall be designated on the site plan.	• Bike racks shall be unpainted galvanized metal.
Street Trees	• Street trees shall be provided as part of any sidewalk improvements.	• Street trees shall be planted every 40 feet on center and shall meet other standards set forth in section 605(f)(5).
	• Location, species, and size must be designated on the site plan.	• New trees shall be healthy and at least 3" caliper.
		• New trees shall be selected for their tolerance of the exposure levels and soil mass available at their predicted mature size.
		• Street tree species shall conform to section 1202 of the LMC.
		• Trees shall be planted in good quality topsoil.
Street Tree Grates	• Tree grates shall be permitted only in private areas or along public sidewalks where the minimum dimensions cannot be met for adequate pedestrian movement.	• Tree grates shall be made of cast iron or concrete
		• Individual openings cannot exceed ¼″ in width
		• Tree grates shall have a minimum dimension of 5′×8′.
		• A 6′×6′ tree grate may be used on sidewalks with a width of 14′ or larger.
	• Electrical service for seasonal lighting shall be provided via flush mounted waterproof outlets at the perimeter of the tree well.
	• The design, quantity, and location shall be designated on the site plan.
Fixed Planters	• Planters shall be located to provide a minimum walkway width of 8 feet from a building face or wall.	• All fixed planters must be made of brick or stone facing.
		• CMU back up is permitted if it is not visible.
		• Cast stone, stone, or brick coping shall be used on top of all fixed planters.
		• Planter walls shall have a minimum height of 1′ and a maximum height of 2′6″.
Container Planters	• Planters can only be located within 12′ of building entrances and in outdoor dining areas.	• Concrete, stone, metal, wood, and terra cotta are permitted materials.	• Plastic containers are not permitted.
	• Planters may be placed in other pedestrian areas by modification by the Reviewing Authority.	• Synthetic materials other than plastic may be permitted by modification by the Reviewing Authority.
	• Planters that are indicated on the site plan may be counted toward landscaping requirements.
Bollards	• Bollards may be used to restrict vehicles from entering into or parking in pedestrian-only areas.	• Bollards may be placed at 4′ to 8′ intervals along the street edge.	• Fiberglass, plastic, or other synthetic materials are not permitted.
	• Removable bollards shall be used in areas requiring emergency vehicle access.	• Bollards shall have a minimum 6″ diameter.
		• Bollards may be metal, concrete, wood, or stone.
	• The design, quantity, and location shall be designated on the site plan.	• Bollards may be metal, concrete, wood, or stone.
Public Telephones	• Telephone enclosures shall be decorative features, integrated into a building façade, but not on dominant elevations.	• All public telephone enclosures must be made of metal.	• Telephone enclosures cannot be made of plastic or other synthetic materials.
Public Telephones	• The design, quantity, and location shall be designated on the site plan.	• All public telephone enclosures must be made of metal.	• Freestanding telephone enclosures are prohibited.
Outdoor Dining	• Outdoor dining areas where alcohol is served must comply with all Frederick County liquor licensing requirements	• Wood, concrete, iron or metal outdoor furniture is permitted.	• Plastic and pressure treated wood are not permitted for outdoor furniture.
Outdoor Dining		• In outdoor dining areas, planters containing live, maintained plants during the growing season, shall be placed where they will not interfere with traffic.
Vending Machines	Machines shall be located internal to a building	• Automatic Teller Machines, food and drink machines, private mail boxes, USPS retail machines	• Machines shall not be freestanding or located on exterior surfaces of buildings
Private Postal Service Drop Boxes	Private postal drop boxes include but are not limited to UPS, FedEx, and other private postal services that utilize outdoor collection drop boxes.	• Drop boxes shall be placed to allow a clear width for pedestrians of not less than 4′.	• Private postal dropboxes cannot be placed in the following locations:
			• In or within direct view of Carroll Creek or any public right of way.
			• Within 5′ of a driveway.
			• Within 300′ of another drop-box.
Newspaper Vending	• Newspaper vending boxes shall be placed in accordance with applicable Frederick City Code, Agreement, or Guideline.	• Boxes shall be grouped, with no fewer than 4 newspaper slots.	• No newspaper brand shall occupy more than one slot in a group of boxes.
		• Boxes must conform to the City standard in place at the time of installation.
	• Machines shall be placed adjacent to a building or retaining wall.		• Placing newspaper boxes in the following locations is prohibited: Market and Patrick streets. Within 5′ of a crosswalk Within 10′ of a street corner Within 5′ of a fire hydrant Within 5′ of a driveway Within 300′ of another newspaper vending machine
	• Machines shall be placed such that the clear width for pedestrians shall not be less than 4′.
			• Racks that do not conform to the city standard are prohibited.
Lighting	• Freestanding pedestrian lights shall be provided at 70′ to 100′ intervals along the public right-of-way.	• Pedestrian lights shall be set on 12′ to 14′ tall poles.	Mercury vapor, high pressure sodium, and low pressure sodium lights are prohibited.
		• Pedestrian lights shall be "acorn" type.
	• Wall mounted fixtures are only allowed in alleys or private spaces.	• Incandescent, halogen, metal halide, QL, or compact florescent fixtures are permitted.
	• Wall sconces are permitted along sidewalks facing the right of way and on private spaces.	• Light sources shall possess a color rendering index (CRI) of <70 or higher.
	• The design, quantity, and location shall be designated on the site plan.	• Light levels shall comply with section 607.d.2 and section 1114.
Signage	• If not specified, all signs must comply with section 864 of the LMC.	• The following signs are permitted, with the placement approved by the Reviewing Authority:	• Signage shall not obscure architectural details such as windows, awnings, canopies, fascias, transoms, or entrances.
	• The design, quantity, and location of signs shall be designated on the site plan.	• Panel signs,
	• Projecting or hanging signs, and
	• Building directories
		• Signs attached to the front façade shall not exceed 4′ vertical dimension or 10% vertical length of the façade, whichever is less.	• Signs with flashing or blinking lights and internally illuminated cabinet signs are prohibited.
		• A hanging sign shall not extend more than 30″ into the public right of way or from the surface to which it is attached.	• Painting over or removing painted signs on a historic structure is prohibited.
		• The lowest point of a hanging sign shall be a 8′ from the finish grade.	• Mosaic and tile signs on or adjacent to historic structures shall not be removed. Such signs shall be preserved and repaired with the approval of Planning Department.
		• Lettering and graphics may be painted or carved onto the sign.
		• Indirect lighting on signs is permitted, with the placement and fixture approved by the Reviewing Authority.
		• Neon signs may be incorporated into the allowable signage for uses within this district. However, neon signs are not allowed on the exterior of any building, nor are they allowed within 5′ of a window or door for any use.

(j)

Architectural Standards. New construction and additions to existing buildings shall comply with the following architectural design standards. Building elevations shall be comprised of a base level, middle levels, and roof level. The following are the requirements for each of the levels.

Figure 420-11 Composition of a Typical Building Elevation at Maximum Building Height

(1)

Architectural Design Requirements.

The requirements in Table 420-4 apply to all new construction in the CCOD and the rehabilitation of buildings in the CCOD.

All buildings must have a base level, middle level, and roof level.

The base level is the portion of the building elevation starting at the grade at the base of the building and ending below the second floor.

The middle level is the portion of the building elevation above the base level and extending to the top of the highest wall.

The roof level is the area above the uppermost full story of the building.

Conditions regarding use.

On all building types, elevations facing the public right of way shall contain commercial and/or residential uses.

Portions of the first floor of a building may be exempt from the conditions above if one of the following conditions apply:

(a)

A portion of the first floor is used to house mechanical or elevator shafts that cannot be located in an alternate location due to site conditions (not to exceed 10% of the street wall elevation of a building or 40 feet in horizontal length, whichever is less).

(b)

The building is a city owned park and recreational facility (not to exceed 1,000 square feet).

(c)

The facility is a public utility (not to exceed 4,000 square feet).

Table 420-5 Requirements for New Construction and Rehabilitation

Architectural Features	Area	Performance Specifications
General Note	All	Any architectural features not listed below may be presented to the reviewing body for evaluation of appropriateness to the site
Walls	All	Primary Materials
		• Brick, stone, and architectural grade cast stone.
		• Wood siding can be used in residential construction. Cementitious and fiberglass materials can be used above 40 feet from the ground.
		Accent Materials
		• Stone, architectural grade cast stone, terra cotta, tilework
		• Decorative metal grillwork
		• Wood trim can be used in residential construction. Cementitious and fiberglass materials can be used above 40 feet from the ground.
	Roof	• The roof level shall consist of the roof and secondary roof structures, such as roof top terraces, dormers, and chimneys.
	Roof	• The roof level shall be differentiated from the middle level by a horizontal expression line.
	Middle	• The middle level shall consist primarily of brick or stone masonry, window glazing units, and one or more accent materials.
	Middle	• The middle level shall be differentiated from the base elevation with respect to material type, material texture, and overall form.
	Base	• The base level on creek and street facing elevations shall consist primarily of stone masonry piers, storefront units, glazing, canopies, awnings, and one or more accent materials.
	Base	• The base level on all other elevations shall consist of at least two of the following features: stone masonry piers, storefront units, glazing, canopies, awnings, and one or more accent materials.
	Prohibited	• Prohibited materials are metal facing panels (other than decorative grill work), aluminum siding, vinyl siding, cementitous siding or fiberglass lower than 40 feet, fiberboard siding or trim, painted brick, concrete masonry units (CMU), finished CMU, synthetic stucco (EIFIS).
Windows and Glazing	All	• For all existing buildings, all repaired or restored windows shall maintain the existing window patterning.
		• Existing transom windows shall be retained.
		• For all new construction and additions to existing buildings, 75 percent of all windows seen from the public right of way shall have a minimum horizontal length to vertical height of 1:2, and a maximum proportion of 1:3.
		• Existing transom windows shall be retained.
		• If the ceiling inside an existing structure is to be lowered, the ceiling shall be stepped up above the window header height.
		• Fretted, etched or pattered glazing, and stained glass shall be approved by modification by the Reviewing Authority.
		• All new glazing shall be clear glass with no less than 70% visible light transmission rating.
	Roof	• Skylights and sun tunnels are permitted on elevations not facing a street or Carroll Creek.
		• Skylights shall be limited ten (10) percent of the total roof area of a building.
		• Skylights must have flat, sloped surfaces.
		• Windows in dormers and other secondary roof structures are permitted
	Middle	• Elevations for all new construction or additions to existing buildings facing the right of way above the first floor and below the fourth floor shall have a solid to glazed surface ratio of 30% to 40% glazing for commercial and 20% to 30% glazing for residential.
	Base	• Storefront window glazing shall be located no closer than 18 inches from the ground to create a bulkhead. Bulkheads may not exceed 36 inches.
	Base	• Elevations for all new construction or additions to existing buildings facing the right of way shall have a solid to glazed surface ratio of 60% to 80% glazing for commercial and 20% to 40% glazing for residential.
	Prohibited	• Glass curtain walls, colored glazing, and mirrored glazing are prohibited.
	Prohibited	• Permanent, fixed security grates or grills are not permitted in front windows. Security grills are permitted only inside buildings behind windows.
Entrances	All	• Buildings that front Carroll Creek Park shall have a primary entrance facing the creek.
		• Buildings that front a street shall have a primary entrance facing the street.
		• Buildings facing Carroll Creek Park and a street shall provide a primary entrance on both the street and Carroll Creek Park.
		• Buildings facing multiple streets are only required to provide a primary entrance on the widest street.
		• All buildings shall provide a minimum of one secondary entrance for every 60 linear feet of building facing either the street or Carroll Creek Park.
		• Commercial uses shall be defined by storefronts, with at minimum the following elements: transom windows; display windows; recessed entry door; and bulkhead panels. (See storefront drawing.)
		• See Walls and General Form in General Requirements for permitted materials.
		• Entrance doors leading to a lobby or primary corridor shall be emphasized by incorporating details such as recessed doorways, porticos, and transom windows.
		• Door design, material, and finish shall be consistent with the entry design.
	Prohibited	• Permanent, fixed security grates or grills are not permitted on entrances.
	Prohibited	• Solid doors are prohibited in storefront entry ways.
Horizontal Expression Line	All	• Horizontal expression lines are cornices or similar devices used to demarcate the levels of a building.
	All	• Horizontal features (such as a cornice) shall not exceed 4 feet in vertical dimensions or 10% of the vertical length of the façade, whichever is less.
	Prohibited	• See prohibited wall materials
Roof Form and Materials	Roof	• Roof forms permitted are: gable, shed, hip, flat, mansard, or complex roofs.
	Roof	• Metal standing seam, slate shingles, and ceramic tile shingles are permitted materials.
	Prohibited	• Asphalt shingles, rubber roofing, and bituminous roofing are not permitted to be used in areas visible from the public right-of-way.
Secondary Roof Structures	Roof	• Roof terraces are permitted.
		• Roof elements, such as dormers, porches, terraces, and dormers shall not comprise more than 50% of the roof area as seen from the public right of way.
		• Chimneys (if applicable) are permitted. Location of Chimneys shall be at either end of a building or symmetrically located along a roofline.
		• The pitch of dormers shall closely match the pitch of the main roof.
		• Terraces and dormers shall be constructed of permitted materials that complement or match the material on the body of the building.
	Prohibited	• Balconies are not permitted on street facing elevations.
		• Balcony railing cannot be wood.
Skywalks	All	• Skywalks are permitted outside the public right of way by special exception and may not exceed 60 feet in length. Wall elevations of skywalks shall be consistent in design and materials with the primary elevation.
		• Skywalks shall be built of materials that match or complement the primary or accent material of the adjacent buildings.
		• Glazing standards for the middle level shall be used for skywalks.
	Prohibited	• Skywalks are prohibited in the public right-of-way.
Mechanical Equipment	All	• See subsection (f)(1)B for conditions that apply to mechanical penthouses.
		• Screening shall match the exterior construction of the building (i.e. brick parapet walls as screening matching a brick faced building elevation in color, texture, and detail).
		• Screening is required for mechanical units taller than the parapet wall of the building or units that are visible from the right of way or Carroll Creek.
	Prohibited	• Metal screen panels are prohibited.
Awnings	Base	• Awnings shall have a shed or triangular shape on its perpendicular side.
		• The awning shape at the front elevation shall relate to the window or door opening. Barrel-shaped awnings shall be used to complement arched windows while square awnings shall be used on rectangular windows.
		• When there are several businesses in one building, awnings of a compatible color may be used with signs on the valance flap that may vary in type style and color to differentiate the individual businesses within the building.
		• Where the facade is divided into distinct structural bays, awnings shall be placed within the vertical elements rather than overlapping them.
		• Awnings shall be well-maintained, washed regularly and replaced when faded or torn.
		• Awnings shall have a durable, commercial grade fabric, canvas or similar material having a matte finish.
		• Closed sided awnings that cover the awning frames are permitted. If open sided awnings are used, the frames and supports shall be of painted or coated metal or other non-corroding material.
		• Awnings shall maintain a minimum of 8 feet above the sidewalk.
	Middle	• Awnings are permitted on the middle level only if modified by the Reviewing Authority.
	Prohibited	• Awnings and shall not have a looping or circular shape.
		• Glossy or shiny plastic or similar awning materials are prohibited.
		• Awnings shall have a single color or two color stripes. Bright and/or contrasting colors are not permitted. The awning colors shall complement the colors of the building they are intended to serve and the proposed street furnishings. In the event of a dispute between the applicant and the RA as to compliance with the standard, the characteristics of brightness, contrast, or complementary colors shall be measured in accordance with the Pantone® Pallette, Ostwald Model, Munsell Model, or other generally accepted color reference system.
		• Internally illuminated awnings and canopies that glow are prohibited.
Canopies	Base	• Canopies shall consist of decorative metal.
		• Glazing may be incorporated into design.
		• Canopies may be cantilevered or supported by diagonal metal struts from building wall.
	Prohibited	• In the right of way or Carroll Creek, canopies shall not be supported by columns.
Gutters and Downspouts	All	• Downspouts shall be located at corners of the building elevation or at vertical transitions between architectural bays.
		• Downspouts and gutters shall be metal with a round or square profile.
		• Other permitted drainage features are scuppers, catches, and splash blocks.
	Prohibited	• Vinyl gutters and downspouts are not permitted.
Lighting	All	• Architectural lighting will be approved by the Reviewing Authority for the impact on the streescape and creekscape.
		• Original historic fixtures, if present, shall be preserved and repaired whenever possible.
		• Permitted types of fixtures are wall mounted light fixtures and architectural lighting. Freestanding shall be evaluated for appropriateness to the site.
		• All lights shall be fabricated of metal and glass.
		• Light sources can be incandescent, compact florescent, halogen, or metal halide.
		• Light sources shall possess a color rendering index (CRI) of <70 or higher.
		• See Section (i) for specifications regarding landscape lighting.
		• All fixtures shall be appropriate in scale and finish to the building or element to which it is attached.
	Base	• All base elevations with active uses shall incorporate lighting to enhance entry ways, if the creek or street lighting is inadequate.
	Prohibited	• Mercury vapor, high pressure sodium, low pressure sodium lighting is not permitted.
		• Reproductions of period style light fixtures are not permitted anywhere within the CCOD on existing structures unless there is documented evidence that a particular fixture was used on the original building.
		• To prevent damage to the historic fabric, new fixtures shall be attached through the mortar joints, not the masonry.

(k)

Review and Approval Process. The review process for applications for development approval within the CCO is as follows:

(1)

Generally. The Planning Commission shall review site plans and subdivision plats for the entire area of the CCO. No application for site plan or subdivision plat approval shall be approved by the Planning Commission within the CCO unless it finds that the applicant conforms to the standards established in this section as well as all other applicable City standards.

(2)

Areas within CCO and HDO. Applications for approval within those portions of the Carroll Creek Overlay (CCO) that lay within the Frederick Town Historic District Overlay (HDO) shall be reviewed by the Historic Preservation Commission (HPC). No application for a certificate of approval shall be approved by the HPC unless it finds that the applicant conforms to the standards established in the Frederick Town Historic District Design Guidelines or this section, whichever is applicable.

(3)

Areas within the CCO and outside the HDO. The applicant shall submit to the Planning Commission a schematic design set for review and obtain a Certificate of Urban Design Compliance prior to obtaining unconditional approval of a site plan. The Planning Commission shall grant a Certificate of Urban Design Compliance upon review and certification that the schematic design set is in compliance with sections 420(a) through 420(i). A Certificate of Urban Design Compliance may be obtained concurrently with the review and approval of the associated site plan. The Planning Commission shall conduct two public hearings on an application submitted for concurrent review of the site plan with any associated modification requests, and the Certificate of Urban Design Compliance prior to taking action on the application.

The applicant shall submit to the Planning Commission a design development set for review and obtain a Certificate of Architectural Compliance prior to applying for building permit. The Planning Commission may request the submission of materials, information, and/or samples for clarification of the design development set. The Planning Commission shall grant a Certificate of Architectural Compliance upon review and certification that the design development set is in compliance with all conditions of subsection (j) and the previously approved Certificate of Urban Design Compliance. No building permit application may be filed prior to obtaining a Certificate of Architectural Compliance from the Planning Commission.

(4)

Modifications. Modifications to the height, placement, orientation, massing, landscaping, property access, parking and loading, parkland, skywalks, and architectural standards of this section may be granted by the Reviewing Authority, either pursuant to Section 309 for the Planning Commission or pursuant to the Frederick Town Historic District Design Guidelines for the Historic District Commission. Economic hardship will not be considered a reason for varying from any standard established in the architectural design section. The applicant requesting a modification shall provide a justification statement on how the proposal addresses the provisions of this subsection. Any request for a modification shall require the Reviewing Authority to hold two public hearings on the request.

No modifications may be granted unless the Reviewing Authority finds that:

The modification will not be contrary to the purpose and intent of this Section 420;

The modification is consistent with the Comprehensive Plan and any City adopted plans; and

The application includes compensating design or architectural features so as to meet overall objectives of the particular requirement.

(5)

Architectural Non-Conformity of Existing Structures.

Within the Carroll Creek Overlay, existing structures that do not comply with the provisions of subsection (j), Architectural Standards, may continue to be used in their current condition as legal non-conformities. All other non-conformities are subject to the provisions set forth in Article 9 of the Land Management Code. However, any exterior alterations not considered part of normal maintenance and upkeep of a non-conforming property must be reviewed by the Reviewing Authority. If the building is demolished or vacant for more than one year, any and all new construction on the site must conform to these regulations.

The Reviewing Authority may authorize a modification from the Architectural Standards of subsection (j) for proposed changes and additions to existing structures with architectural non-conformities, provided all the following findings are made:

That because of physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provision of this section;

That the applicant has demonstrated the physical circumstances or conditions precluding conformity with this section was not created by the applicant;

That granting the modification will be in harmony with the objectives and general purpose of the Carroll Creek Overlay; and

That the modification is the least necessary to afford relief from this section.

In granting the modification, the reviewing authority may prescribe appropriate safeguards and conditions in conformity with this section. Violation of such conditions and safeguards, when made as part of the terms under which the modification is granted, shall be a violation of this Code.

(Supp. No. 3, Ord. No. G-06-21, § 1, 7-6-06; Supp. No. 5, Ord. No. G-07-22, §§ 8—10, 10-18-07; Supp. No. 6, Ord. No. G-08-4, § 1, 2-7-08; Ord. No. G-20-15, § I, 6-18-20; Ord. No. G-23-16, § I, 9-21-23)