A.

Historic District Definitions.

Administrative Approval: An approval granted by Community Development Staff for minor alterations, as defined by the Administrative Approval Guidelines developed by the Historic District Commission, to noncontributing resources, in accordance with Zoning Ordinance Section 4.1.J.4.

Alley: A public way that primarily provides a means of access or travel between abutting properties and which has a maximum right-of-way of less than twenty (20) feet.

Alteration: Any exterior change that would affect the historic, archeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way street, including, but not limited to, construction, reconstruction, moving or demolition.

Certificate of Appropriateness: A certificate issued by Community Development Staff on behalf of the Historic District Commission showing approval of plans for construction, alteration, demolition, or relocation of structures that would affect a designated historic structure, landmark, or district.

Commission: For the purposes of Section 4.1, shall mean the Historic District Commission of the City of Frostburg, Allegany County, Maryland.

Contributing Resource: Structures or physical features within a site or district which help to define the historic significance or architectural character of that site or district and may be associated with events that have made a significant contribution to the broad patterns of local, state, or national history, or may be associated with the lives of persons significant in the City's past.

Demolition: Any willful neglect in maintenance and repair of a structure that does not result from financial inability to maintain and repair the structure and that threatens to result in any substantial deterioration of the exterior features of the structure.

Demolition by Neglect: Improper maintenance or lack of maintenance of any property in a historic district, or any historic landmark or landmark site, which results in substantial deterioration of such a property and threatens its continued stability and preservation.

Historic District: A designated area with a significant concentration, linkage or continuity of sites, structures or objects united historically or aesthetically by plan or physical development.

Noncontributing Resource: Structures or physical features that may exist within a historic site or district, but are not of historic significance per se; however, the relationship of these structures with the surrounding contributing structures may be important in the preservation of the site or district.

Replacement In Kind: A process of rehabilitation utilized in which deteriorated materials or features are repaired in a manner that matches the original in design, materials, color, texture, other visible qualities or any combination of the foregoing, based on physical evidence of essential form and detailing of historic materials, or features in-situ (in context), or through photographic documentation.

Routine Maintenance: Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historic, archeological or architectural significance of the historical site or structure.

Site: The location of an event of historic significance or a structure, whether ruined or standing, which possesses historic or architectural significance.

Street, Public: A street that is, or will be at the conclusion of construction, a City of Frostburg right-of-way, in which the street is, or will be, maintained by the City.

Structure: A combination of materials to form a construction that is stable, including, but not limited to, buildings, communications towers, water tanks, paving, sheds, shelters, fences and display signs visible or intended to be visible from a street. The term shall be construed as if followed by the words "or part thereof".

B.

Purpose. It is the intent hereof to provide as authorized by Title 8 of the Maryland Land Use Article of the Annotated Code of Maryland, for the preservation of structures in the City of Frostburg which have historic value and/or significance together with their appurtenances and environmental settings in order to:

(1)

Safeguard the heritage of the City by preserving the sites, structures or district(s) therein which reflect elements of its cultural, social, economic, political, or architectural history;

(2)

Stabilize and improve property values of such sites, structures and district(s);

(3)

Foster civic beauty;

(4)

Strengthen the local economy; and

(5)

Promote the preservation and appreciation of the sites, structures and district(s) for the education and welfare of the residents of the City.

C.

Power to Establish Districts. For the purposes of this section, the Mayor and Council may designate boundaries for sites, structures or districts which are deemed to be of historic, archeological or architectural significance, following the procedures which are set forth in Section 1.9 of this Ordinance for the reclassification of zoning. Such districts may include structures, lots, and tracts of land, as well as portions thereof.

D.

Provisions are in Addition to Other District Provisions. The provisions of this Part relative to the HP district are in addition to the district regulations set forth in the other portions of this Ordinance. In all cases of conflicting requirements, the provision which represents the greater restriction upon the property or higher standard shall govern.

E.

Membership of Historic District Commission. The Historic District Commission shall have either five (5) or seven (7) members, appointed by the Mayor and Council.

(1)

Qualifications. Each member appointed after the adoption of this Ordinance shall possess a demonstrated special interest, specific knowledge or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design or related disciplines.

(a)

The requirement for Commission membership under the category of demonstrated special interest may be satisfied either by formal training in one (1) of the above-listed fields, or active membership in a preservation-related organization, or past or present membership on a Historic District Commission or Planning Commission or City Council or Board of Zoning Appeals, or active participation in activities or proceedings of a Historic District Commission, or active membership in downtown or neighborhood-based community activities and programs.

(b)

The requirement for membership under the categories of specific knowledge or professional or academic training may be satisfied by post-secondary education, employment and/or practical experience in one (1) or more of the above-listed fields.

(2)

Residency. A majority of the members of the Commission shall be residents of the City of Frostburg. The City may grant preference in membership to residents of the City.

(3)

Compensation. The members shall serve without compensation.

(4)

Terms. The Commission members shall be appointed for staggered terms of three (3) years each, with existing terms of office being continued. Members of the Historic District Commission shall be eligible for reappointment. Any vacancy on the Historic District Commission shall be filled by the Mayor and Council for the unexpired term of the particular position. The Mayor and Council may consult private societies, agencies, or organizations to request the names of possible members to serve on the Historic District Commission.

(5)

Finances. The Historic District Commission shall have the right to accept and use grants and gifts from whatever source for the exercise of its functions. The Mayor and Council will have final approval of the Historic District Commission's budget.

F.

Powers and Duties. The Historic District Commission shall have the following powers and duties:

(1)

To direct studies, reports, and surveys to identify historical, archeological, or architecturally significant sites, structures, and districts that exemplify the cultural, social, economic, political, or architectural history of the City of Frostburg;

(2)

Consistent with the City's Charter, ordinances, resolutions, local public law, policies and procedures regarding the acceptance and use of gifts by public officials, to accept and use gifts for the exercise of its functions;

(3)

To prescribe appropriate rules and regulations for transaction of its business;

(4)

To recommend for adoption by the Mayor and Council rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, moving, and demolition of designated landmarks, sites, structures, and districts which are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68). Guidelines may include design characteristics intended to meet the needs of particular types of sites, structures, and districts, and may identify categories of changes that, because they are minimal in nature do not affect historic, archeological, or architectural significance, do not require review by the Commission. These guidelines shall be used in the Commission's review of applications.

(5)

Consistent with the City's Charter, ordinances, resolutions, local public law, policies and procedures governing the acquisition of easements, to accept or otherwise acquire historic preservation easements on designated landmarks, structures, or sites and, when deemed appropriate by the Commission, sites or structures located in, or adjacent to, a designated district; and to undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or the implementation of the purpose of this article.

G.

Report by Maryland Historical Trust. The Maryland Historical Trust may be designated by the Historic District Commission to make an analysis of and recommendation concerning the preservation of structures of historic and architectural value/significance within the area served by the Historic District Commission. Such report may include proposed boundaries of districts as well as identify and designate particular structures recommended to be preserved and protected.

H.

Architectural Easements. The Historic District Commission may acquire easements in connection with individual sites or structures located in or adjacent to any historic district. Such easement may grant to the Historic District Commission, the residents of the historic district, and the general public, the perpetual right to ensure that any site or structure and surrounding property upon which it is applied is protected, in perpetuity, from changes which would affect its historic, archeological or architectural significance.

I.

Application for Permission to Alter a Site or Structure. Before the construction, alteration, reconstruction, or demolition of any site or structure or portion thereof as defined in Section 4.1.A, including additions to or moving of an existing structure, is begun within the Historic Preservation Overlay District, if any changes are involved which would affect the exterior appearance of said site or structure that are visible or intended to be visible from a public street, the person proposing to make the construction or change shall file with the Historic District Commission an application for permission to build, alter, reconstruct, move, demolish, or construct the addition.

(1)

Every such application shall be submitted in accordance with the Rules of Procedure of the Historic District Commission. This application shall be accepted or rejected by the Historic District Commission as provided herein.

J.

Factors for Consideration in Reviewing Plans for Construction or Alteration.

(1)

In reviewing the plan for any such construction or change, the Historic District Commission shall give consideration to:

(a)

The historic or architectural significance of the building and its relationship to the historic and architectural significance of the surrounding area;

(b)

The relationship of the exterior architectural features of a building to the remainder of the structure and to the surrounding area;

(c)

The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used; and

(d)

The appearance or view of proposed changes from the street.

(e)

Any other factors including aesthetic factors which the Historic District Commission deems to be pertinent.

(2)

The Historic District Commission shall also consider the following design guidelines and criteria, as applicable:

(a)

The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68), as amended, which are hereby incorporated by reference, and accompanying explanatory guidelines and reports, as officially issued by the National Park Service;

(b)

The proportional relationship between the width and the height of the front of the building;

(c)

The proportional relationship between the width and the height of windows and location of windows;

(d)

The maintenance of a rhythm and ratio of solid wall areas and windows and doors;

(e)

The maintenance of any rhythm of building masses to spaces between them, if such a rhythm exists along a street;

(f)

The maintenance of a rhythm of entrances and building projections and roof lines;

(g)

The use of exterior materials that are closely similar in appearance to original materials of significant buildings in the District;

(h)

The discouragement of the use of colors that are clearly and seriously incompatible;

(i)

The maintenance and continuance of architectural details, such as cornices, arches, chimneys, porch railings, and other porch details;

(j)

The use of compatible roof shapes and lines;

(k)

The continuance of building setbacks from the street that are similar to historic buildings along that block;

(l)

The continuance of any predominately vertical or horizontal orientation of windows, doors and building shape;

(m)

The use of units of construction and architectural details that provide a scale related to the size of people; and

(n)

The avoidance of building walls that have few or no windows or doors along sidewalks.

(3)

The Commission may establish additional written guidelines and criteria to provide guidance in its decisions.

(4)

In specific cases, such as where the proposed work involves substantially identical replacement "in kind," or as delegated by the Commission, the staff of the Department, in consultation with the Community Development Director, may determine that an application meets all requirements of these regulations, in which case a historic district Certificate of Appropriateness may be issued at the administrative level and Commission review and approval shall not be required.

K.

Limitations on Regulations.

(1)

The Commission shall not regulate features that are not visible or intended to be visible from a public street or sidewalk, and shall not regulate interior arrangements, but may offer preservation advice in such matters.

(2)

Features that are only visible from an alley shall not be regulated by this Section 4.1.

(3)

The Commission may not stipulate colors, but colors shall be chosen from a manufacturer's collection of historic colors, or be a palette approved by the Commission. Use of bright, metallic, or other non-historic colors is generally not acceptable. The Commission shall not disapprove an application except in consideration of some or all of the factors specified in this Section 4.1.

L.

Strictness and Leniency in Judgment of Plans. Limiting Architectural Style to one (1) Period: The Historic District Commission shall be strict in its judgment of plans for sites or structures determined by research to be of historic or architectural significance. The Historic District Commission shall be lenient in its judgment of plans for sites or structures of little historic or architectural significance, or for plans involving new construction, unless such plans would seriously impair the historic or architectural significance of surrounding sites or structures. The Historic District Commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one (1) period.

M.

Application for Changes to Structures of Unusual Importance.

(1)

If an application under Section 4.11 affects a site or the exterior of a building that the Historic District Commission considers to be of unusual importance to the County or the City or unusual importance to the entire State or nation, the Historic District Commission shall:

(a)

Attempt with the owner of the building to formulate an economically feasible plan for the preservation of the site or building.

(b)

Reject the application unless the Commission is satisfied that the proposed construction, alteration or reconstruction will not materially impair the historic or architectural significance of the site or building.

(i)

In such case, if the application is rejected, the Commission shall file a copy of its rejection with the Community Development Director.

(2)

For a site or building that the Commission determines to be of unusual importance, if the Historic District Commission concludes that no economically feasible plan can be formulated, the Commission shall have 90 days from the time it so concludes to negotiate further with the owner, and other parties, in an effort to find a means of preserving the site or building.

N.

Approval under Certain Circumstances. In the case of a site or building considered to be valuable for its historic or architectural significance, the Historic District Commission may approve the proposed construction, reconstruction, alterations, moving, or demolition despite the provisions of Section 4.1.M if:

(1)

The site or structure is a deterrent to a major improvement program which will be of substantial benefit to the City;

(2)

Retention of the site or structure would cause undue financial hardship to the owner, and the level of rehabilitation required is so extensive and costly that it could be construed as a "taking." Financial hardship is not related to the income or wealth of the applicant, nor is it applicable when a property owner has willfully neglected his or her property; or

(3)

The retention of the site or structure would not be to the best interest of a majority of persons in the City as determined through an advertised public hearing.

O.

Commission Meetings. The Commission shall adopt such rules and regulations as may be necessary for the proper transaction of its business. Any interested person or a person's representative is entitled to appear and be heard at any public hearing conducted by the Commission.

P.

Certificate of Appropriateness. Modification or Rejection of Application and Plans. The Historic District Commission shall file with the Community Development Director a certificate of its approval, modification or rejection of applications and plans submitted to it for review. Work shall not be commenced on any such change project until such a Certificate of Appropriateness has been filed, and no building permit for such change or construction shall be issued unless and until such a Certificate of Appropriateness has been received.

(1)

The failure of the Historic District Commission to act upon a completed application within forty-five (45) days from the date the completed application was filed shall be deemed to constitute automatic approval of the proposed change unless an extension of this forty-five-day period is agreed upon mutually by the applicant and the Historic District Commission.

(2)

The Commission may request that the Community Development Director institute any of the remedies and penalties provided by law for any violation of this Section 4.1.

Q.

Limit on Approval Period.

(1)

Certificate of Appropriateness shall only be valid for a period of twenty-four (24) months.

(a)

Extension. A Certificate of Appropriateness may be extended for no more than one (1) additional six-month period for a good cause as determined by the Development Staff.

(2)

If a permit is required, the permit shall be obtained prior to the expiration of the Certificate of Appropriateness.

R.

Routine Maintenance Not Affected. Completion of Work Under Prior Permit. Nothing in this Section 4.1 shall be taken or construed to prevent "routine maintenance" (as defined below), customary farming operations or landscaping which will have no material effect on the historic or architectural significance of a designated site, structure or district. Nothing in this Section 4.1 affects the right to complete any work covered by a permit issued prior to the date upon which such historic district(s) or designation(s) was established.

S.

Appeals. An applicant may appeal a decision from the Historic District Commission to the Board of Zoning Appeals on the sole grounds of alleged "hardship." Any other appeal of a decision from the Historic District Commission or any decision regarding "hardship" by the Board of Zoning Appeals may be appealed to the courts in the same manner as any other appeal of a decision by the Board of Zoning Appeals.

T.

Violations.

(1)

Any willful violation of the provisions of this article, by willfully performing or allowing any work to be performed without first obtaining a Certificate of Appropriateness, or for failing to comply with a Final Notice issued pursuant to this article, or disregarding a decision of the Commission will be in violation of this Ordinance. Violations are subject to the penalties defined in Section 1.21.

(Ord. No. 2022-03, Exh. A, 2-27-2022)

A.

Purpose. It is the general intent of the Infill Development Overlay District to:

(1)

Accommodate growth in the City of Frostburg by encouraging and facilitating new development on vacant, bypassed, blighted, and/or underutilized land where such development is found to be compatible with the existing neighborhood.

(2)

Encourage efficient use of land and public services in the context of existing communities.

(3)

Stimulate economic investment and development in older established neighborhoods.

(4)

Provide developers and property owners flexibility so that they can achieve high quality design and develop infill projects that strengthen existing neighborhoods.

(5)

Create a high quality neighborhood compatible with the community environment.

(6)

Implement the goals, objectives, and policies of the Comprehensive Plan.

(7)

Encourage compact development that is pedestrian scaled.

The district standards encourage appropriate infill development or redevelopment of underutilized properties and consolidation of developable land where it will achieve a more efficient land use and improved site design that is compatible with the existing neighborhood. Design standards promote compatible infill and redevelopment by, among other things, allowing development on sites that may not meet minimum land area and dimension requirements of the underlying zoning district.

B.

Applicability. The provisions of this district apply to all parcels designated ID on the official zoning map. All land uses and development, including buildings, drives, parking areas, landscaping, streets, alleys, greenways, pedestrian/bicycle ways, shall be located and developed in accordance with the applicable provisions of the zoning ordinance and land development regulations, except as modified by this Section. For a proposed development to be considered under the ID district development standards, the project must accomplish the purposes identified in Section 4.2.A; otherwise, the applicant may seek approval to develop land through the normal construction authorization process or through the variance process, if applicable.

C.

Public Notice.

(1)

Public notice of the proposed infill development shall be made in accordance with Section 1.10A through Section 1.10A(6) of this Ordinance.

(2)

The Planning Commission must hold a public hearing prior to approving a plan under the ID Overlay Zone, in accordance with Section 1.10A(8).

D.

General Requirements. To the extent not inconsistent with neighborhood conditions development plans shall incorporate the following elements to enhance compatibility with the surrounding community:

(1)

Sidewalks that connect to the adjacent sidewalk system;

(2)

Public streets that connect to the adjacent street pattern;

(3)

Preservation of architecturally significant structures whenever feasible;

(4)

Inclusion of, or relationship to, public spaces, parks, community centers, etc.;

(5)

Street furniture, lighting and landscaping that is primarily oriented to pedestrian use; and

(6)

Building types, setbacks, building envelopes, use, and parking compatible with the surrounding community.

(7)

All new buildings (except accessory structures) shall have the primary entrance oriented to the street or public walkway, with direct, barrier-free and convenient pedestrian connections.

(8)

Reduction in overall stormwater discharge from the lot(s) which are to be developed or redeveloped.

E.

Permitted Uses. Permitted uses shall be limited to those allowed in the underlying zoning district.

F.

Development Standards. Density, design, materials, use, and scale should reflect local style, climate, heritage and materials unique to the City of Frostburg.

(1)

Flexible development standards to reduce lot areas, widths, and yards and to increase building heights may be permitted for infill developments at the discretion of the Planning Commission, subject to proof of good cause and benefit to the development and the community and to address difficult sites which incorporate infill and redevelopment or rehabilitation. Building height and coverage may vary so long as the project average is consistent with the neighborhood scale and architectural rhythm and does not constitute a disruptive condition in the identity of the area. (see Section 4.2F(7) compatibility standards)

(2)

In the case of applications for infill or redevelopment plan approval on properties already developed, for example and application for a construction authorization for an addition to an existing building, the applicant shall be required to comply with the provisions of this Section to the extent possible as determined by the Planning Commission. For the purposes of this Section the term "to the extent possible" shall not preclude the Planning Commission from requiring existing pavement be removed for establishment of bufferyards, that entrances/exists and site traffic circulation be modified to improve channelization of traffic and reduction and/or consolidation of entrances/exits, or removal and/or replacement of existing signs and associated lighting.

(3)

Density. Density may exceed the maximum density of the underlying zoning district for the purpose of creating a neighborhood having a variety of housing types consistent with Section 4.2A above. Occupancy shall be limited to that which is permitted in the underlying zoning.

(a)

Total number of dwelling units, as well as location, is to be established at the time of preliminary plan approval.

(b)

Lot Size. Lot areas established in the preliminary plan shall be dependent on proposed densities, floor area, setbacks, building heights, and community compatibility.

(4)

Building Height.

(a)

Buildings restricted to the height limit established for the district, or the average of adjacent buildings along the block face.

(b)

If the average of adjacent buildings is greater than the maximum height allowed in the district, the proposed building or structure must meet the follow criteria for community compatibility:

(i)

Neighborhood scale.

(ii)

Privacy.

(iii)

Light and shadow.

(iv)

Views.

(v)

Architectural compatibility.

(5)

Building Setback.

(a)

The Planning Commission may allow for a reduction of the front yard setback to the average front yard setback for the existing structures on the subject block, or to zero (0) feet if there are no existing structures on the block. Infill and redevelopment structures shall be located within two (2) feet of either side of the average front yard setback, subject to the provisions of Section 6.10, Traffic Visibility.

(b)

The Planning Commission may relax yard requirements to facilitate interesting and innovative design solutions, provided that the encroachment into the setback does not adversely affect storm drainage, privacy, sunlight or views of the adjacent property, nor restrain the potential of the adjacent property for future development.

(6)

Bulk and Scale. Building bulk and scale shall be similar to and consistent with the surrounding neighborhood as evaluated by the bulk of buildings adjacent, abutting, and surrounding the proposed development. Larger buildings should be designed to adhere to the existing architectural pattern of the surrounding neighborhood.

(7)

Compatibility Standards. Provides exemplary site design, architectural design and high quality materials that are compatible with, and does not negatively alter the character of, the existing neighborhood.

(a)

All permitted uses conform to the purposed of the Zoning Ordinance and are compatible with existing uses in the general vicinity of the proposed development. The following requirements shall apply:

(i)

Building Size, Height, Bulk, Mass, Scale. Buildings should be similar in height and size or be designed in such way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area, e.g., by dividing walls into units of similar proportions to adjacent structures.

(ii)

Building Orientation. Primary facades and entries face the adjacent street with a connecting walkway that does not require pedestrians to walk through parking lots or across driveways and that maintain the integrity of the existing streetscape.

(iii)

Privacy. Optimize privacy of residents and minimize infringement on the privacy of adjoining land uses by considering appropriate bufferyards, the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project.

(iv)

Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing, etc., to establish compatibility.

(b)

All planned uses, building types, and landscaping swill be included on the preliminary plan and will demonstrate the relationships of the proposed development with existing off-site development in the context of the adjacent community. Compliance with these requirements shall in and of itself been deemed to create a presumption of compatibility.

(8)

Open Space and Landscaping. All open space, recreation amenities and landscaped areas shall be shown on the plan.

(9)

Public Facilities and Utilities. Existing and planned public facilities should be shown on development plans.

(a)

All public streets, walkways, and alleyways shall be shown on development plans. All through street and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, attractive, and shall accommodate use by all segments of the population.

(b)

The street and walkway system provides multiple, direct and continuous intra- and inter-neighborhood connections between destinations.

(c)

The street network shall include sidewalks on both sides of the street.

(d)

Closed street systems are prohibited, but short cul-de-sacs less than two hundred twenty (220) feet long that connect to the main grid system are allowed when consistent with the surrounding community.

(e)

Street widths should be consistent with the surrounding community and sized to promote walkability and multimodal use (i.e., pedestrians, bikes, cars, trucks, buses, etc.).

(f)

Roads, lighting, sidewalk, street furniture, utilities, and other public facilities should enhance pedestrian circulation.

(10)

Parking. The standards for parking as set forth in Section 6.12 apply, however, the Planning Commission may be flexible in the application of the standards, in terms of arrangement and location:

(a)

Parking for private automobiles is provided based on safety, convenience, pedestrian and vehicular circulation and proximity of public transportation.

(b)

The parking plan may provide a combination of off-street and on-street spaces.

(c)

Shared parking is encouraged. Shared drives serving no more than two (2) dwellings may be permitted.

(d)

As is practicable, at-grade off-street parking areas should be provided on the proposed development site. When possible, off-street parking should be located at the rear of the dwelling with alley access. When off-street parking cannot be located to the rear of the dwelling, it should be provided in a manner that is consistent with existing off-street parking patterns along the block face or immediate surrounding area.

(e)

All parking spaces shall be shown on the site plan.

(f)

Bicycle spaces shall be provided in accordance with Section 6.12.

(11)

Stormwater. Existing and planned stormwater control devices and measures shall be shown on the plan.

(a)

The Frostburg Stormwater Management Ordinance shall apply for any project involving a disturbance of five thousand (5,000) square feet or greater.

(b)

For projects less than five thousand (5,000) square feet of disturbed area, the redevelopment design shall reduce existing impervious areas within the Limit of Disturbance (LOD) by a minimum of twenty-five percent (25%). When redevelopment reduces the existing impervious area within the LOD by twenty-five percent (25%) or more, water quality treatment is satisfied. Alternatively, Environmental Site Design (ESD) shall be implemented to the Maximum Extent Practicable (MEP) to provide water quality treatment for a minimum of twenty-five percent (25%) of the existing impervious area within the LOD. To meet stormwater management requirements for redevelopment, treatment shall be provided for the runoff from one (1) inch of rainfall (i.e., PE = one (1) inch) for twenty-five percent (25%) of the redeveloped impervious area.

(12)

Limitations. Notwithstanding the aforementioned provisions of this Section, the Planning Commission shall only accept modifications to the requirements of the underlying district as follows:

(a)

Density (units per area) may not be increased by more than sixty-six percent (66%);

(b)

Lot size, length, and/or width may not be reduced by more than fifty percent (50%);

(c)

Building height may not be increased by more than thirty-three percent (33%);

(d)

Side and rear yard setbacks may not be reduced more than sixty-six percent (66%).

(13)

At least fifty percent (50%) of the required parking must be off-street. The Planning Commission may require a higher percentage based on existing on-street parking conditions.

(14)

Findings Required. The Planning Commission shall approve the plan upon finding that:

(a)

The plan accomplishes the purposes, objectives, and minimum standards and requirements of the overlay district;

(b)

The plan is in accordance with the Comprehensive Plan;

(c)

The plan in internally and externally compatible and harmonious with existing and planned land uses in the area;

(d)

Existing or planned public facilities are adequate to service the proposed development;

(e)

The development schedule is adequate in relation to the provision of public facilities and private amenities to service the proposed development; and

(f)

The plan is consistent with the purposes and provision of the State of Maryland Smart Growth legislation.

G.

Information Required.

(1)

Burden of Proof. The information provided must be sufficient for the Planning Commission to make the findings required in Section 4.2.F(13). The applicant has the full burden of proof to demonstrate the proposed infill or redevelopment proposal meets or exceeds the development standards in Section 4.2 herein.

(2)

Application information should include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:

(a)

A description of the proposed development site, i.e., a plot plan or survey plot.

(b)

A description of existing conditions in the vicinity of the proposed development site. These descriptions shall include documenting photographs and analysis of the prominent architectural features, and as applicable, address the following:

(i)

Site location and topography;

(ii)

Street connections;

(iii)

Pedestrian pathways;

(iv)

Lot coverage;

(v)

Impervious surfaces;

(vi)

Building orientation;

(vii)

Roofs;

(viii)

Building size and proportion of architectural features;

(ix)

Entryways;

(x)

Windows;

(xi)

Garage doors;

(xii)

Finishes and materials;

(xiii)

Ornamentation;

(xiv)

Roof detail;

(xv)

Color scheme of building(s) and other exterior surfaces;

(xvi)

Loading facilities, as warranted; and

(xvii)

Trash facilities, as warranted.

(c)

A description of the proposed infill or redevelopment including:

(i)

Elevations or architectural renderings of all proposed buildings in the context of the neighborhood;

(ii)

Plot plans showing the existing and proposed footprint or structures on the property;

(iii)

A description of how the proposed infill or redevelopment is compatible with the features described in Section 4.2.G(2)(b) above. A statement of how the proposed infill or redevelopment meets the development standards and findings requirements as set forth in Section 4.2.F.

(Ord. No. 2018-02, § 7, 5-17-2018)

A.

Purpose. The intent of the CMP overlay district is to implement the recommendation of the Planning Commission to create an appropriate tourism environment, including permission for tent camping in response to the Allegheny Highlands Trail and Frostburg Trail projects as is consistent with the Comprehensive Plan. The CMP is intended to be established as an overlay district that may be located in any area of the City that contains land suitable for tent camping as a commercial enterprise, including appropriate protections for adjoining uses.

(1)

No property shall have a CMP overlay district except upon approved application under the terms of this Ordinance. An application for CMP overlay approval shall only be accepted from the property owner or the owner's agent. The City of Frostburg shall not take unilateral action to amend the official Zoning Map by affixing any CMP designation lacking an affirmative Planning Commission recommendation based on the process found in Section 4.3E.

(2)

This Section is not intended to regulate or eliminate backyard camping by family and friends; nor is it intended to preclude the use of the City of Frostburg facilities for camping by individuals or groups that have followed proper procedure and received permission to use City property for this use.

B.

Goals and Objectives.

(1)

To create outdoor tent camping areas that will accommodate hiker and biker travelers using the Great Allegheny Passage or other local trails, as well as other transient tent campers.

(2)

To accommodate tent camping in a manner that is beneficial to the community and will not create a public nuisance.

C.

Principal Permitted Uses. The following uses shall be permitted by right in the CMP zones, subject to the design provisions found in Section 4.3D of this ordinance.

(1)

Tent camping sites.

(2)

Restroom facilities.

(3)

Campfires.

(4)

Uses and structures that are directly related but incidental or accessory to the permitted principal uses and structures allowed herein.

D.

Design Provisions.

(1)

The minimum area for a CMP overlay zone shall be one-half acre.

(2)

The maximum number of tent camping sites and occupancy to be allowed at each camping site is to be determined by the Planning Commission on a case-by-case basis based on a review of each property owner's CMP overlay zone request.

(3)

The number and location of restroom facilities shall be determined by the Planning Commission on a case-by-case basis based on a review of each property owner's CMP overlay zone application.

(4)

The number and location of campfire sites shall be closely regulated by the Planning Commission in consultation with the Frostburg Volunteer Fire Company based on a review of each property owner's CMP overlay zone application.

(5)

The Planning Commission shall review and shall have final approval authority with respect to all other aspects of a CMP development that may affect the public, including access, parking, natural buffers, landscaping, etc., on a case-by-case basis based on a review of each property owner's CMP overlay zone application.

E.

Site Plan and CMP Approval.

(1)

An approved site plan for the CMP development shall be required prior to official City action and shall follow the procedural and substantive requirements for plan submittal, review, and approval as set forth in Section V of the City of Frostburg's Subdivision and Land Development Ordinance.

(2)

Official City action to approve a CMP overlay zone as an amendment to the official zoning map shall only be made in compliance with the requirements of this section and following prior approval of the Planning Commission based on a determination that the application for CMP:

(a)

Satisfies the stated purpose, goals, and objectives of Section 4.3 of this Ordinance;

(b)

Is consistent with the Comprehensive Plan;

(c)

Is consistent with and will not be detrimental to the character of the neighborhood in which it is proposed; and

(d)

Will not have adverse impacts on adequacy of public facilities and services in the community.

(Ord. No. 2018-02, § 7, 5-17-2018)