This article contains the minimum conditions for each special exception (SE) and minimum requirements for each use permitted with conditions (PC) that are listed in section 191-8, table of permitted uses, in Article I. These conditions and requirements supplement the base requirements for the zone in which the proposed use is located. All minimum conditions and requirements listed in the article shall be contained on a site plan submitted with any permit, site plan or special exception application.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Regulations for uses and structures specified in this article shall apply to such uses and structures permitted by special exception or that are permitted with conditions in any zone.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

In those zones where a use is allowed as a special exception, an application shall be submitted, under oath or affirmation, to the Board of Appeals on forms provided by the Board for that purpose. The application shall be accompanied by such information and documentation as reasonably may be required by the Board. The application also shall be accompanied by such fee as may be prescribed by the Town Council. The application shall not be deemed complete until all required forms, materials and fees have been submitted.

B.

The Board of Appeals shall have the power to approve special exceptions for any of the uses for which this chapter requires obtaining such exceptions and for no other use or purpose.

C.

The Planning Commission shall consider each application for special exception and shall submit a written report and recommendations on the application to the Board. The Board of Appeals shall consider the report and recommendations of the Planning Commission, but shall not be bound by such recommendations, prior to rendering a decision. The report and recommendations of the Planning Commission shall be made a part of the record of the proceedings before the Board.

D.

In granting a special exception, the Board of Appeals shall make findings of fact consistent with the provisions of this chapter. The Board of Appeals shall not grant a special exception unless in conformance with the conditions, standards and criteria outlined in this chapter. In granting a special exception, the Board may prescribe any safeguard or impose conditions as deemed necessary or desirable for the purpose of this chapter.

E.

The approval for a special exception may be revoked or modified, if the Board finds that the use does not comply, or has not complied, with the requirements of this section, or any condition imposed by the Board upon the granting of the special exception.

F.

Application procedures.

1.

As part of the special exception application, the applicant must provide the following information plus such additional information required for special exceptions:

a.

A tax map displaying the property and properties contiguous to and opposite the subject property;

b.

A detailed site plan showing the current and proposed improvements, including:

(1)

The location of all structures,

(2)

Location and number of parking spaces,

(3)

All recorded easements and/or rights of way; and

(4)

Names of property owners and parcel/lot numbers of properties contiguous to and opposite the property.

c.

A written report that outlines the following items. if any of these items are not applicable to a particular development please explain.

(1)

Days and hours of operation;

(2)

Use of amplification, noise levels, and need for noise proofing;

(3)

Limits on the size of the establishment or on the size, location, or configuration of the entertainment or dancing venue within the establishment;

(4)

Number of seats proposed for outdoor table service;

(5)

Exterior lighting;

(6)

The proximity of residences, schools, religious institutions, or parks to the establishment;

(7)

The maximum estimated occupant load of the establishment;

(8)

The volume and types of vehicular and pedestrian traffic in the area of the establishment; and

(9)

The establishment and maintenance of:

(a)

A traffic management plan;

(b)

A parking management plan;

(c)

An indoor and outdoor security plan; and

(d)

A sanitation plan.

G.

Findings.

1.

The Board of Appeals shall not grant any special exception unless it finds from the evidence of record that:

a.

The proposed use does not violate or adversely affect the Town of La Plata Comprehensive Plan, this chapter or any other applicable law;

b.

The tract shall be suitable for the development proposed. suitability of the tract shall be determined by reference to the La Plata Comprehensive Plan; size, topography and other physical features of the tract; accessibility of the tract to services and facilities required by the use; and other information as reasonably deemed necessary;

c.

The proposed use will satisfy all use standards for the use set forth in subsection H.;

d.

The proposed use at the location selected will not:

(1)

Adversely affect the health and safety of residents or workers in the area;

(2)

Overburden existing and planned public facilities;

(3)

Be detrimental to the use or development of adjacent properties or the neighborhood;

(4)

Change the character of the neighborhood in which the use is proposed considering services currently provided, population density, character, and number of similar uses; and

(5)

Constitute a nuisance because of noise, traffic, number of people, or type of physical activity.

2.

The Board of Appeals may impose other requirements, not specifically listed in this article, to ensure the health, safety and welfare of all persons within the Town of La Plata.

H.

Special exception use standards.

1.

Adult entertainment business.

a.

This use is permitted by special exception in the industrial, light (IL) and industrial, heavy (IH) zones in accordance with the following criteria:

(1)

An adult entertainment business shall not be operated within one thousand (1,000) feet of the following uses:

[1]

Church or place of religious assembly;

[2]

Public or private school, college or university;

[3]

Public park;

[4]

Day care center or hospital;

[5]

Residential zone, a residential use located in any other zone or the residential component of a mixed use project in any zone; or

[6]

Another adult entertainment business.

(2)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line where an adult entertainment business is conducted, to the nearest property line of the premises of any uses listed above.

(3)

Exterior portions of the establishment shall not be painted with bright neon colors. The building materials should use the natural color of brick, stone, stained or painted woods, and should be compatible with neighboring properties.

(4)

An owner or operator of an adult entertainment business shall not allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

2.

Animal clinic.

a.

This use is permitted by special exception in the CBT and PBPE Zones in accordance with the following criteria:

(1)

The minimum area of the lot shall be one-half (½) acre;

(2)

The use must be housed in a fully enclosed, soundproof building; and

(3)

The use shall be located no less than seventy-five (75) feet from any dwelling.

3.

Animal hospital.

a.

This use is permitted by special exception in the CB, CBT and PBPE Zones in accordance with the following criteria:

(1)

The minimum area of the lot shall be one (1) acre.

(2)

The use must be housed in a fully enclosed, soundproof building.

(3)

The use shall be located no less than one hundred and twenty-five (125) feet from any dwelling.

4.

Bed and breakfast.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 zones subject to the following criteria:

(1)

The minimum area of the lot shall be two (2) acres.

(2)

The owner or caretaker of the dwelling in which the bed-and-breakfast lodging is located must live in the dwelling;

(3)

The number of guest rooms shall not be more than six (6) in any single structure.

(4)

Parking must be located only in the side or rear yard and shall be screened from adjacent properties.

(5)

The proposed use must be located on and have adequate and safe access from an arterial street.

(6)

The use shall provide a "E' type buffer along the side and rear property lines.

5.

Burial grounds.

a.

This use is permitted by special exception in the R21, R10, R8, R5, R3, CB, CBT and CH Zones in accordance with the following criteria:

(1)

The minimum lot or parcel size shall not be less than ten (10) acres;

(2)

Burial plots shall be located at least twenty (20) feet from any property line;

(3)

The principal access shall be on an arterial or collector street;

(4)

In any zone the use shall provide a minimum "E' type buffer along the side and rear property lines.

(5)

Exterior lights within fifty (50) feet of a lot line are prohibited.

(6)

Arrangements for perpetual maintenance of burial grounds shall be required and a maintenance agreement, approved by the Town Attorney, shall be recorded with the in Charles County Land Records.

6.

Child day care centers.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 Zones in accordance with the following criteria:

(1)

Facilities shall be certified, permitted, or licensed by the State of Maryland;

(2)

The site shall provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children being cared for; and

(3)

The proposed site shall have access adequate for the traffic expected to be generated by the proposed development.

(4)

Child day care centers must meet the lot size standards shown in table 19 below, based on the number of children being cared for at one (1) time:

Table 19

7.

Clubs or lodges.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 Zones in accordance with the following criteria:

(1)

The use shall be located on a lot with an area of at least twenty-five thousand (25,000) square feet,

(2)

The frontage shall not be less than one hundred (100) feet;

(3)

Building setbacks shall be at least.

(a)

Front yard, minimum of thirty-five (35) feet;

(b)

Side yards, minimum of twenty (20) feet or equal to at least two (2) times the height of the tallest building located on the lot, whichever is greater;

(c)

Rear yard, minimum of forty (40) feet.

8.

Convalescent home.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 Zones in accordance with the following criteria:

(1)

Any such facility shall be certified, permitted or licensed by the State of Maryland.

(2)

An applicant must submit an affidavit of compliance, to the effect that all of the requirements of the state's licensing procedure will be satisfied.

(3)

Such a facility shall be owner-occupied.

(4)

Parking must be located only in the side or rear yard.

(5)

Minimum lot area shall be twenty-thousand (20,000) square feet.

(6)

An "E" buffer yard shall be provided along the side and rear lot lines.

9.

Education facility, college.

a.

This use is permitted by special exception in the TDX and NCX Zones in accordance with the following criteria:

(1)

The gross floor area shall not exceed twenty-five percent (25%) of the net acreage for a lot or parcel.

10.

Extractive industry.

a.

This use is permitted by special exception in all zones in accordance with the following criteria:

(1)

Resource extraction in the vacant outlying areas of the town will be a temporary or transitional use of land with assurances that later reuse for other permitted uses and structures are possible.

(2)

Location shall be compatible with existing development and development which may be reasonably expected within the time period specified in paragraph (10).

(3)

The site shall not be on local or collector streets through established residential development and shall not damage public facilities.

(4)

The site shall be located in an area that will not create the need for unnecessary special improvements or maintenance of public facilities at the public's expense.

(5)

The applicant shall submit a professionally prepared traffic study analyzing the impact of the proposed extractive industry on the surrounding road network; and the Board may require specific access and road improvements that the board determines necessary based upon the traffic study.

(6)

Production tanks shall be located within a containment berm designed to impound one hundred (100) percent of the fluid capacity of the largest impoundment tank.

(7)

Any building (including temporary processing plants and equipment used for extracting, processing, or stock piling of sand, gravel, stone, or similar products) shall be deemed temporary. Such building shall be dismantled and removed within a period of four (4) months following cessation of operations.

(8)

All equipment shall be constructed, maintained, and operated in a manner that minimizes noise, vibration, or dust. Dust reduction treatments shall be specified and maintained on all access ways or roads within the premises.

(9)

No material shall be brought from off the site for sale, processing or similar purposes.

(10)

No special exception shall be issued for a period exceeding six (6) years, consisting of not more than four (4) years for the development or exploitation phase and not more than two (2) years for the rehabilitation phase. Upon expiration of the four (4) year development phase, the applicant may request extensions of this phase on an annual basis thereafter, unless changing conditions indicate the extension will be detrimental to the public interest. Any extension shall require the submission of a development plan and reuse plan and may involve additional conditions if the operation is expanded or enlarged from that previously approved. If such an extension is denied, the applicant shall complete the rehabilitation phase, as proposed within the two (2) year time period specified.

(11)

To ensure the completion of the rehabilitation phase as proposed and within the two (2) year time period specified, each applicant shall submit a performance bond sufficient in amount, as determined by the Board of Appeals, to cover the rehabilitation expense relative to the proposed development or any extensions thereto.

(12)

The tract shall consist of a minimum of ten (10) acres, with dimensions sufficient to adequately accommodate the proposed use with minimum adverse effects on adjacent land.

(13)

A "B" buffer yard shall be provided along adjacent public rights-of- way and at adjacent lot lines. The Board may reduce or eliminate this requirement along lot lines adjoining other extractive industry, limited or general industry, a major or minor utility, or general agricultural industry use classifications.

(14)

The extraction, processing, and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards:

(a)

The total affected area to be mined shall not exceed five (5) acres during a single extraction cycle.

(b)

The mined area including processing or excavating may be no closer than one hundred and fifty (150) feet to any boundary line.

(c)

All structures and extraction operations areas shall be set back not less than two hundred (200) feet from all lot lines. Setbacks may be reduced to one hundred (100) feet from property lines in an industrial zone. Equipment may be stored not less than one hundred (100) feet from adjacent property lines and not less than seventy-five (75) feet from adjacent rights-of-way.

(d)

If the mined area exceeds five thousand (5,000) square feet, a copy of the sediment and erosion control plan and/or grading plan shall be submitted for the review and approval of the Charles County Soil Conservation District.

(e)

Extraction operations shall be located and conducted in a manner that minimizes their environmental and visual impacts.

(15)

Mining reclamation and operation plan.

(a)

In addition to applicable site plan requirements and any other studies or reports which may be required, each application shall be accompanied by a plan for development and a plan for rehabilitation.

(b)

The plan for development shall show the proposed operation as planned and staged over a four (4) year period in relation to the entire tract. The plan for development shall include the following information:

[1]

Present topography;

[2]

Current drainage patterns and soils;

[3]

The feasibility of the proposed operation without hazards or damage to other properties by reason of flooding, rises in groundwater levels, erosion, excessive slopes, cuts and fills or other reasons, and methodology of the proposed operation;

[4]

Where and how traffic on and from the development is to be handled;

[5]

Location of where equipment will be operated and stored.

(16)

The plan for rehabilitation and reuse shall show how the entire tract is to be rehabilitated and left for reuse and shall include the following information:

(a)

Feasible circulation patterns in and around the tract;

(b)

Treatment of exposed soil or subsoil and the measures to be taken to replace topsoil;

(c)

Fill methods, materials and depths;

(d)

Final topography and treatment of slopes to prevent erosion; and

(e)

Delineation of drainage ways.

(17)

Remaining intermittent lakes or marshes shall be prohibited, except where such conditions preceded development or as may be determined by the Board of Appeals.

(18)

The proposed extraction must be in accordance with the plan for the development of the property, or a use otherwise permitted for the specific zone and the operation plan.

(19)

An operation plan that includes the method and schedule for extractive activity and completion, production, abandonment, and reclamation phases of the operation is required. The operation plan shall include:

(a)

Proposed waste disposal methods and emergency response systems.

(b)

A drainage, dust, and erosion control plan.

(c)

An access plan that details the capacity of all access roads and their suitability for accommodating estimated loads.

11.

Fuel sales.

a.

This use is permitted by special exception in the CB, CBT, CH, IL, IH, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

The use shall not rent or sell motor vehicles, trailers or general replacement parts;

(2)

The use shall not overhaul, tune up, or repair motors or bodies, or provide break relining or wheel alignment service, upholstery work, auto glass work, painting, welding, tire recapping or auto dismantling.

(3)

When such use occupies a corner lot, the ingress and egress driveways must be located at least seventy-five (75) feet from the point of intersection of the street line and the corner arc.

(4)

Open storage of motor vehicles or trailers, except those temporarily waiting fueling during the business hours of the establishment, is prohibited.

(5)

Gasoline pumps or other service appliances must be located on the lot at least twenty (20) feet behind the building line, and all service, storage, or similar activities in connection with such use must be conducted entirely within the building.

(6)

A traffic study shall be submitted with a completed application form that analyzes the adequacy of the road network serving the site and the impact of traffic to be generated by the use and shall indicate that a level of service C or better can be achieved or maintained.

(7)

The facility shall provide sufficient queuing space for anticipated volume at peak hours.

(8)

Fuel tanks shall not be permitted in any mapped floodplain.

(9)

The use will not create points of vehicular conflict with an adjoining highway or adversely affecting the orderly development of the surrounding neighborhood.

12.

Helistops.

a.

This use is permitted by special exception in all zones, except the HC Zone, in accordance with the following criteria:

(1)

The facility meets the standards of the federal aviation administration.

(2)

A helistop shall be permitted in residential zones only when it is accessory to a hospital use.

(3)

A helistop shall meet the setbacks of the principal use or shall be located one hundred (100) feet from any residential dwelling, whichever is greater.

(4)

A site plan showing compliance with all of the following standards is submitted:

(a)

Setback areas, including fencing and screening;

(b)

Portion of the tract being used;

(c)

Existing and proposed access roads;

(d)

Any noise control measures provided;

(e)

Points of access to the site which may be potentially hazardous and provisions to control unauthorized entry into the site shall be addressed;

(5)

The landing areas to be used by helicopters shall be constructed of surface materials that limit the amount of dust and/or debris from aircraft.

(6)

Parking of vehicles is not permitted within the setbacks required for the zone in which the facility is located.

(7)

Landing areas and supports for landing areas are constructed of fire-retardant material.

(8)

A guardrail that does not penetrate the approach departure surface is provided around the facility in accordance with the Town Building Code.

(9)

Each facility is surrounded by a well-constructed, solid fence or by dense planting at least six (6) feet in height, with a suitable gate effectively controlling access to the area.

13.

Home occupations.

a.

This use is permitted by special exception in the R21, R10, R8, R5, R3, CBT, TDX and NCX Zones in accordance with the following criteria:

(1)

The use is limited to a designated portion of a dwelling unit, not to exceed ten percent (10%) of the floor area of the dwelling unit, for the purpose of conducting or engaging in a business, profession, trade, occupation or employment in the dwelling unit and which is not defined as a home office.

(2)

The use shall not be conducted in any accessory structure that is within a front, side or rear setback.

(3)

The use will have no employees or staff working in the dwelling other than members of the family residing in the dwelling;

(4)

There is no change in the outside appearance of the structure or premises of the dwelling unit, and no other external evidence of the business, profession, trade, occupation or employment being conducted inside the dwelling;

(5)

No equipment or process is used which creates, noise, vibration, glare, fumes, odors or electrical interference detectable outside of the dwelling unit;

(6)

There is no storage of materials or supplies in the dwelling unit or on the premises of the dwelling unit in connection with any portion of the business, profession, trade, occupation or employment conducted off the premises, but this does not prevent the storage of office equipment and office supplies for use in the dwelling unit; and

(7)

The use of the dwelling unit for the home occupation is clearly incidental and clearly subordinate to its use as a residence.

14.

Reserved.

15.

Long term care facilities.

a.

This use is permitted by special exception in the PBPE Zone in accordance with the following criteria:

(1)

Access shall be from an arterial or collector road.

(2)

Building height limit shall be limited to seventy (70) feet.

(3)

A traffic study shall be submitted with a completed application form that analyzes the adequacy of the road network serving the site, the existing and proposed level of service (LOS) and the impact of traffic to be generated by the use. If improvements are proposed which would result in a decline in los beyond what would have been expected if the development had not occurred, then mitigation measures shall be required to bring the traffic operations up to or above the existing LOS.

16.

Light manufacturing.

a.

This use is permitted by special exception in the CH Zone in accordance with the following criteria:

(1)

An "F" buffer shall be provided for screening the facility from public roads and from adjacent dissimilar uses.

(2)

Customer parking may be allowed in the front yard, but all other manufacturing related parking shall be located in the rear or side yards.

(3)

Material storage areas shall be fully screened from dissimilar uses on adjoining properties by a solid fence or shall be entirely enclosed within a building.

(4)

All operations shall be conducted in a safe manner with respect to hazards to persons and physical or environmental damage to lands and improvements.

(5)

A traffic study shall be submitted with a completed application form that analyzes the adequacy of the road network serving the site, the existing and proposed level of service (LOS) and the impact of traffic to be generated by the use. If improvements are proposed which would result in a decline in los beyond what would have been expected if the development had not occurred, then mitigation measures shall be required to bring the traffic operations up to or above the existing LOS.

17.

Motor vehicle maintenance service, major.

a.

This use is permitted by special exception in the CH and IL Zones in accordance with the following criteria:

(1)

Minimum lot areas shall be forty thousand (40,000) square feet.

(2)

All activity and storage of parts shall occur entirely within a completely enclosed building. any vehicle storage shall be temporary, in side or rear yards, and screened from adjacent properties.

(3)

No building or structure shall be located in any required yard or setback.

(4)

The maximum permitted total floor area ratio shall not exceed four-tenths (0.40).

(5)

All operations shall be conducted in a safe manner with respect to hazard to persons and to physical or environmental damage to lands and improvements.

(6)

No outdoor display of merchandise sold, serviced or rented is permitted.

(7)

Equipment storage, outdoor storage and refuse areas:

(a)

Hydraulic racks and service pits shall be located within the main structure.

(b)

The site plan shall indicate the disposal methods to be used for all waste material, including recycling of waste oil generated by the operation.

18.

Motor vehicle maintenance service, minor.

a.

This use is permitted by special exception in the CB, CBT, CH and IL Zones in accordance with the following findings:

(1)

Minimum lot area shall be twenty-thousand (20,000) square feet.

(2)

All activity and storage of parts shall occur entirely within a completely enclosed building. Any vehicle storage shall be temporary.

(3)

No building or structure shall be located in any required yard or setback.

(4)

The maximum permitted total floor area ratio shall not exceed four-tenths (0.40).

(5)

Wall openings in structures are permitted in those walls directly facing an existing commercial or industrial zone.

(6)

No outdoor display of merchandise sold, serviced or rented is permitted.

(7)

Lubrication equipment and outdoor storage and refuse areas. Hydraulic racks and service pits shall be located within the main structure. Any outdoor storage or refuse area shall be fenced or screened from view and must be approved as to location and design. The site plan shall indicate the disposal methods to be used for all waste material, including recycling of waste oil generated by the operation.

19.

Personal or business service.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 Zones in accordance with the following criteria:

(1)

No establishment shall exceed three thousand five hundred (3,500) square feet in floor area.

(2)

Where adjacent to any existing residential uses a minimum buffer yard "F" shall be required.

(3)

The site shall have access from an arterial or collector road.

(4)

When such use occupies a corner lot, the ingress and egress driveways must be located at least seventy-five (75) feet from the point of intersection of the street line and the corner arc.

(5)

All sales, service or displays shall be within completely enclosed buildings.

(6)

Architectural treatment of any principal structure shall be of the same general nature of residential dwellings in the area. Height shall not exceed the maximum specified for the zone or the height of any adjacent residential dwelling, whichever is less.

20.

Public maintenance facility.

a.

This use is permitted by special exception in the CB, CBT, CH, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

Outdoor storage must be located a minimum of one hundred (100) feet from any residential zone.

(2)

Public maintenance facilities adjacent to any residential zone shall:

(a)

Whenever practicable, have the exterior appearance of residential buildings.

(b)

The BOA shall have discretion to require landscaping, screening, or fencing as found to be suitable to the BOA with minimum of ten (10) feet of landscaped area with trees and shrubs or an eight (8) foot tall fence.

(3)

The board shall prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including soundproofing; for the construction of fences, barriers or other safety devices; for surfacing of all access roads and driveways; shielding of floodlights or other artificial illumination; and landscaping or screening.

21.

Public safety facility.

a.

This use is permitted by special exception in the CBT, TDX and NCX Zones in accordance with the following criteria:

(1)

Public safety facility adjacent to any residential zone shall:

(a)

Whenever practicable, have the exterior appearance of residential buildings.

(b)

The BOA shall have discretion to require landscaping, screening, or fencing as found to be suitable to the BOA with minimum of ten (10) feet of landscaped area with trees and shrubs or an eight (8) foot tall fence.

(2)

The Board shall prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including soundproofing; for the construction of fences, barriers or other safety devices; for surfacing of all access roads and driveways; shielding of floodlights or other artificial illumination; and landscaping or screening.

22.

Recreation facility, major.

a.

This use is permitted by special exception in the CB, CBT, CH, IL and IH Zones in accordance with the following criteria:

(1)

Minimum frontage shall be one hundred (100) feet.

(2)

The minimum lot size shall be fifteen (15) acres.

(3)

No outdoor loudspeaker system shall be permitted within two hundred (200) feet of a residential property.

23.

Recreation facility, minor indoor.

a.

This use is permitted by special exception in the R21, R10, R8, R5, and R3 Zones in accordance with the following criteria:

(1)

The minimum lot size shall be one (1) acre.

(2)

Minimum frontage shall be one hundred (100) feet.

(3)

No outdoor loudspeaker system shall be permitted.

24.

Recreation facility, minor outdoor.

a.

This use is permitted by special exception in the R21, R10, R8, R5, R3 and PBPE Zones in accordance with the following criteria:

(1)

Minimum frontage shall be one hundred (100) feet.

(2)

The minimum lot size shall be two (2) acres.

(3)

No outdoor loudspeaker system shall be permitted or within two hundred (200) feet of a residential property.

25.

Restaurant.

a.

This use is permitted by special exception in the CBT Zone in accordance with the following criteria:

(1)

The floor area of the establishment shall be limited to twenty-five percent (25%) of the area of the overall site or a maximum footprint of two thousand five hundred (2,500) square feet, whichever is less.

(2)

Access shall be provided from an arterial right-of-way.

(3)

The use at the proposed location will not create a traffic hazard or safety problem because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or proposed buildings.

(4)

Building materials, textures, and colors shall be compatible with on-site development, the adjacent property and the neighborhood.

(5)

The Board of Appeals may regulate hours of operation so as to diminish adverse impact on adjoining properties.

26.

Restaurant carry-out.

a.

This use is permitted by special exception in the CBT Zone in accordance with the following criteria:

(1)

The seating area of the establishment shall be limited to ten percent (10%) of the area of the overall businesses square footage or one thousand (1,000) square feet, whichever is less.

(2)

Access shall be located on an arterial right-of-way.

(3)

A traffic study shall be filed by the applicant with the completed application which analyses the adequacy of the road network serving the site and the impact of new traffic trips generated by the requested use.

(4)

Building materials, textures, and colors shall be compatible with on-site development, the adjacent property and the neighborhood.

(5)

The Board of Appeals may regulate hours of operation so as to diminish adverse impact on adjoining properties.

(6)

The use at the proposed location will not create a traffic hazard or safety problem because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or proposed buildings.

27.

Restaurant fast food.

a.

This use is permitted by special exception in the CB, CH, IL, IH, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

Minimum lot size shall be forty thousand (40,000) square feet.

(2)

Minimum lot width of eighty (80) feet.

(3)

A lot frontage shall be one hundred (100) feet.

(4)

Where provided, outdoor seating areas shall have a minimum width of twenty (20) feet and at least six hundred (600) square feet accessible from the public entrance to the building without crossing a travel lane, but may cross a sidewalk.

(5)

A traffic study shall be submitted with a completed application form that analyzes the adequacy of the road network serving the site, the existing and proposed level of service (LOS) and the impact of traffic to be generated by the use. If improvements are proposed which would result in a decline in LOS beyond what would have been expected if the development had not occurred, then mitigation measures shall be required to bring the traffic operations up to or above the existing LOS.

(6)

Proposed drive-through lanes shall provide sufficient queuing space for anticipated volume over the peak fifteen (15) minute period (based on an analysis of the anticipated drive-through traffic volume submitted by the applicant). Sufficient stacking shall be provided for at least five (5) vehicles for each drive-through lane in order to prevent overflow onto parking lot circulation aisles and public streets.

(7)

Drive-through lanes shall be incorporated into the overall parking lot layout.

(8)

Drive-through lanes shall have a layout that does not impede normal traffic in the parking lot or on adjacent service roads.

(9)

The stacking lane shall be physically separated from the adjoining parking lot by at least a seven (7) foot planting strip from the menu board to the pickup window.

(10)

Drive-through facilities located adjacent to any residential zone shall include screening of the talk box by a solid wood or masonry fence to serve as a sound barrier.

28.

Senior living communities.

a.

This use is permitted by special exception in the R21, R10, R8, R5, R3, CB, CBT, CH, TDX and NCX Zones in accordance with the following criteria:

(1)

Each senior living community tract must have direct access to a collector, arterial or primary local street.

(2)

Each senior living community shall consist of a tract of not less than four (4) acres of land under single ownership or unified control, or, in the case of land in the CB zone, not less than two (2) acres of land under single ownership or unified control.

(3)

Frontage—The lot must have one hundred (100) feet of frontage on a street as listed in item (1) above.

(4)

Side and rear yard setbacks—All structures on the site, which are adjacent to a residential use, must be set back at least twice the minimum setback required in the zone or the height of the building, whichever is greater.

(5)

Maximum overall density shall not exceed fifteen (15) dwellings per acre within the senior living community. For assisted living facilities and life care facilities where residents do not occupy separate dwelling, each sleeping room shall be considered a dwelling for purposes of determining density and required parking.

(6)

There shall be no requirement for a mix of housing types within a senior living community. Each senior living community may have any combination of housing types as long as all dimensional and density requirements are met.

(7)

A building permit may not be issued for construction in a senior living community unless a declaration of covenants, conditions and restrictions, containing provisions substantially similar, and not inconsistent with, paragraph (5) has first has been prepared by the owner of the tract, approved by the town attorney, and then recorded by the owner among the land records of Charles County.

(8)

Dimensional requirements.

(a)

The requirements in table 20 apply to uses within a senior living community:

Table 20

(b)

Front setback shall be forty-five (45) feet or the underlying zone's setback, whichever is greater.

(c)

The Board of Appeals may reduce the rear yard to no less than five (5) feet based on a finding that the yard is adjacent to common open space of appropriate size and character (minimum thirty (30) feet width) to provide adequate usable space for the residents.

(9)

Buffer yard requirements.

(a)

Except as provided in sub-paragraph (D) and (E) of this paragraph (9), a buffer yard shall be provided within and along the entire outer perimeter of a senior living community. The buffer yard shall not be part of any subdivided lot, but shall be the maintenance responsibility of the abutting property owner or the homeowners association as governed by covenants within the senior living community.

(b)

The buffer yard shall be installed before the issuance of the first occupancy permit within the senior living community, or its installation guaranteed by a bond, letter of credit, or other security, in such form and amount as approved by the Chief Executive Officer.

(c)

The buffer yard shall meet the minimum requirements of buffer yard "F" as depicted in Article V of the code. For purposes of determining the location of any fence which may be allowed as part of buffer yard "F", the senior living community shall be deemed to be the higher density use.

(d)

Where a senior living community consists solely of detached dwellings, the Board of Appeals may waive the buffer yards requirement where the properties abutting the senior living community are fully developed and devoted solely to detached dwellings.

(e)

Buffer yards are not required between senior living communities and adjacent uses on the same parcel.

(10)

Residency and occupancy restrictions.

(a)

The proposed facilities shall meet all applicable requirements of county, state and/or federal law and regulations, including age-based occupancy restrictions and limitations under federal or state law that would qualify the housing to be exempt from prohibitions against discriminating against families with children.

(b)

Subject to paragraph (10)(a) of this subsection, a person may not reside, or occupy a dwelling, in a senior living community, or permit another person to reside, or occupy a dwelling, in a senior living community, unless the person residing, or occupying a dwelling unit, in the senior living community is:

[1]

A senior person;

[2]

The spouse of a senior person even if such spouse is less than fifty-five (55) years of age, as long as they remain married and living together in the senior living community. Spouses who reside in, or occupy, different residential or nursing facilities of a life care facility for senior persons shall be deemed to be living together for purposes of this section;

[3]

A member of the family of a senior person, or the spouse of a senior person, while visiting the senior person or spouse on a temporary basis for purposes of family vacations or visits. As used in this paragraph, "temporary basis" means not more than fourteen (14) consecutive days at one (1) time. The aggregate of such visits shall not exceed twenty-eight (28) days in any (52) fifty-two-week period; or

[4]

A maximum of two (2) adults, related or unrelated by blood or marriage to a senior person, and providing ancillary supportive services, supervision, personalized assistance, health related services or a combination thereof, to meet the needs of the senior person who is unable to perform, or who needs assistance in performing, the activities of daily living, or instrumental activities of daily living.

(c)

As long as the spouse of a senior person is less than fifty-five (55) years of age, the spouse may not continue to reside, or occupy a dwelling, in a senior living community for more than one (1) year after the senior person and spouse cease living together as a couple.

(d)

A child, grandchild, or ward of a resident of a senior living community may not reside, or occupy a dwelling, in a senior living community, except as a temporary visitor in accordance with subsection 10.b.[3] of this section.

(e)

Prior to settlement, sale or rental of a dwelling, the homeowner's association, management company or other person responsible for administering the senior living community shall verify the age of the prospective occupants of the dwelling and compliance with other provisions of this subsection.

(f)

Limitations upon and effects of transfers of title.

[1]

A person may not convey, or contract to convey, a dwelling in a senior living community to a person who is not a senior person for purpose of the grantee's residence, except that this does not prohibit conveying, or contracting to convey, such a dwelling to a senior person's spouse to enable the spouse to live with the senior person.

[2]

If title to a dwelling in a senior living community becomes vested in a person who is less than fifty-five (55) years of age, that person may not reside in, or occupy, the dwelling until he or she becomes a senior person, or the spouse of a senior person who resides in, or occupies, the dwelling.

29.

Utility, major and utility, minor.

a.

Major utility use is permitted by special exception in the CB, CBT, IL, IH and PBPE Zones and minor utility use is permitted by special exception in the R21, R10, R8, R5, R3, CB, CBT, CH, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

Written evidence of route approval from the Maryland Public Service Commission shall be furnished with the special exception application.

(2)

An "F" buffer yard shall be required along all property lines.

(3)

The proposed building or structure at the location is necessary for public convenience and service.

(4)

The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community and will not substantially impair or be detrimental to neighboring properties.

(5)

Public utility buildings adjacent to residential development, whenever practicable, shall have the exterior appearance of residential buildings and shall have suitable landscaping and screen planting and fencing.

(6)

The Board shall prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including soundproofing; for the construction of fences, barriers or other safety devices; for surfacing of all access roads and driveways; shielding of floodlights or other artificial illumination; and landscaping or screening.

31.

Wireless communication towers.

a.

This use is permitted by special exception in the R21, R10, R8, R5, R3, CB, CBT, CH, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

The location and development of communication towers maximizes the use of any new and existing towers and minimizes the need for new towers.

(2)

Potential damage to adjacent properties from tower or antennae failure is avoided through engineering and careful siting of tower structures and antennae.

(3)

The adverse visual impacts of communication towers are minimized through careful siting, design, screening, and camouflage.

(4)

The proposed siting and development of communication towers is done in a reasonable manner that is not to the detriment of the zone in which it is located and not contrary to the intent of the comprehensive plan.

(5)

All communication towers, structures and equipment shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).

(6)

Approval of proposals for tower construction shall be subject to satisfactory completion of an aeronautical study required by the FAA.

(7)

Applicants shall submit to the town a notice of proposed construction or alteration filed with the Federal Aviation Administration as required by the FAA or applicable federal law, and any FAA response received.

(8)

To the extent permitted by law, no tower or equipment or antennae attached thereto shall cause localized interference with reception of television and radiobroadcasts, nor shall any tower or equipment or antennae attached thereto interfere with existing lines of communication used for public safety purposes.

(9)

The front, side and rear setbacks shall be equal to the height of the structure.

(10)

A system design plan shall be submitted that shall include, at a minimum, radio frequency parameters; tower height; number and location of antennae on the tower, all existing or proposed buildings within the "fall zone"; radio frequency output; effective radiated power; and azimuth antenna type.

(11)

A signal coverage/propagation map of the area to be served by the proposed tower shall be submitted. the propagation map shall show signal intensity in DBM (for at least three (3) signal intensities). The propagation map shall also show major roads and major developments, towns, villages, etc. The town reserves the right to request propagation maps for other sites or height alternatives.

(a)

The signal coverage/propagation map shall show coverage area available under existing towers with co-location opportunities, approved towers and antennae/equipment installed on other structures (water towers, buildings, etc.).

(12)

Evaluation of the tower's relationship to other antenna sites, existing off-site structures taller than fifty (50) feet, communication towers, and water tanks within a two (2) mile radius of the proposed tower shall be submitted. Verifiable evidence must be provided of the lack of space or unsuitability of any existing tower or structure within that search radius.

(13)

A detailed engineering analysis of the proposed new tower, including a summary of the proposed tower's capacity to provide space for future co-location by others, shall be submitted.

(14)

Federal Communications Commission review, evaluation and approval under the National Environmental Policy Act of 1969, and applicable Federal Communication Commission regulations and standards through the office of engineering and technology as required by Federal Law.

(15)

The specific type of tower to be constructed and the proposed materials to be used in the construction of the tower.

(16)

The design of the proposed tower shall be sealed by a licensed engineer licensed to practice in the State of Maryland.

(17)

Identification of all noise, odor and other potential nuisance producing facilities, appurtenances and/or outbuildings, or the like, that is associated with the proposed use.

(18)

Identification of the maximum number of antennae and co-location spaces that can safely be placed on the tower. an engineering statement must be submitted certifying that the proposed tower can accommodate a minimum of three (3) users.

(19)

An elevation drawing, depicting the tower at its proposed height, with all planned antennae/equipment shown.

(20)

A visual impact study, including photo-simulations, demonstrating that a proposed tower shall not unreasonably interfere with the view of, or from sites of significant public interest such as a public park, a state or county designated scenic road or river, or a structure on the historic sites survey or in a historic zone, located within two (2) miles of the proposed tower site. The applicant shall provide the town and adjacent property owners with at least a forty-eight (48)-hour notice of the test. If the applicant's visual impact analysis relies upon an existing tree buffer on the subject property (but outside the lease area), the applicant, as a condition of approval, shall secure an easement to preserve/protect that buffer for the duration of the conditional use.

(21)

An engineering statement prepared by a licensed professional engineer certifying that the proposed facility will meet or exceed all regulatory emissions standards established by the FCC. This statement shall identify the predicted exposures for the specific equipment proposed along with the allowable federal limit of exposure. If future co-location occurs on the tower, then emissions statements shall be provided for each co-locator.

(22)

An engineering statement prepared by a licensed professional engineer describing the contained fall design for the tower in the event of a structural failure.

(23)

Evidence that at least one (1) telecommunication carrier has agreed to locate antennae on the tower.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020; Ord. No. 21-34, § 1, 11-23-2021, eff. 12-8-2021)

A.

Any use that is permitted with conditions is subject to the review procedures in Article II, site plans, except as specified in this section.

B.

Permitted with conditions use standards.

1.

Accessory Dwelling Unit (ADU).

a.

This use is permitted with conditions in the R21, R10, R8, R5, R3 and CBT Zones subject to the following criteria:

(1)

An accessory dwelling unit must:

(a)

Be located on a lot that is five thousand (5,000) square feet or greater.

(b)

Relate to the design of the principal residence by use of the similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch.

(2)

An accessory dwelling unit shall not be permitted on a lot without a principal structure already in place or to be constructed in conjunction with the accessory unit.

(3)

Only one (1) accessory dwelling unit (attached or detached) shall be allowed for each lot or parcel.

(4)

Ownership requirements:

(a)

The owner of a lot on which an accessory dwelling unit is located must reside in one (1) of the dwelling units.

(5)

Development requirements:

(a)

An external entrance for an accessory dwelling unit shall not face an adjoining residential property unless the unit is accessible from an alley or public street.

(b)

Windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening.

(6)

Deed restrictions.

(a)

Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the land records of Charles County a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:

[1]

The accessory unit shall not be sold separately.

[2]

The unit is restricted to the approved size.

[3]

The use and occupancy permit for the accessory unit shall be in effect only so long as either the principal structure, or the accessory unit, is occupied by the owner of record of the principal structure.

[4]

The declarations are binding upon any successor in ownership of the property and lack of compliance shall be cause for code enforcement and/or revoking the use and occupancy permit.

(b)

The deed restrictions shall lapse upon removal of the accessory unit.

2.

Automated teller machine (ATM).

a.

This use is permitted with conditions in the R21, R10, R8, R5, and R3 Zones subject to the following criteria:

(1)

Location requirements. An outdoor ATM shall be:

(a)

Associated with a commercial use in the zone.

(b)

Set back from an adjacent street curb by a minimum of eight (8) feet;

(c)

Located a minimum of thirty (30) feet from any property line corner at a street intersection;

(d)

Located not to eliminate or substantially reduce any landscaped areas; and

(2)

A drive through ATM must provide room for the stacking of five (5) vehicles without blocking an access point, drive aisles or result in undue traffic congestion.

(3)

Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

3.

Bus shelters.

a.

This use is permitted with conditions in all zones subject to the following criteria:

(1)

The structure shall not conflict with:

(a)

Any sight-visibility triangles; or

(b)

Utilities or other public improvements;

(2)

The structure must include trash receptacles;

(3)

The structure must have received written approval of all private property owners upon whose land the shelter is proposed.

(4)

Bus shelters shall not exceed the following dimensions:

(a)

Height nine (9) feet above surrounding grade;

(b)

Frontal view—Not to exceed fourteen (14) feet, six (6) inches; and

(c)

Side view—Not to exceed five (5) feet, six (6) inches.

4.

Community gardens.

a.

This use is permitted with conditions in the R21, R10, R8, R5, R3, CB, CBT, PBPE, TDX and NCX Zones subject to the following criteria:

(1)

On site sales of community garden products are prohibited;

(2)

Electrical, barbed and razor wire fences are prohibited;

(3)

Use of community gardens is prohibited between the hours of 10:00 p.m. to 7:00 a.m.;

(4)

Tools and supplies shall be stored indoors or removed from the property daily;

(5)

The property owner of the site on which a community garden is located is responsible for all maintenance requirements;

(6)

The site shall be designed and maintained to prevent any chemical, pesticide, fertilizer, or other garden waste from draining onto adjacent properties;

(7)

Storage of commercial or industrial farm equipment is prohibited;

(8)

Refuse storage must be located:

(a)

A minimum distance of three (3) feet from rear and side lot lines; and

(b)

A maximum distance of twenty-five (25) feet from the rear lot line; and

(c)

A minimum distance of ten (10) feet from the front lot line.

(9)

All refuse storage areas must be screened from ground-level view and from adjacent properties or public rights-of-way;

(10)

Compost enclosures must be located to prevent runoff of water that has come in contact with the compost from flowing onto adjacent property, into natural or human-made storm channels or the public right-of-way; and

(11)

Compost enclosures must be maintained in a manner that protects adjacent properties from adverse environmental, health and safety impacts such as noise, odors and attraction of rodents or other pests.

5.

Dwelling, attached.

a.

This use is permitted with conditions in the CB Zone subject to the following criteria:

(1)

No portion of any series or grouping of townhouses shall be closer than ten (10) feet to any portion of any other series or grouping of townhouses or any front or side lot line, or closer than twenty-five (25) feet to any rear lot line;

(2)

Garages, attached to or detached from the principal structure, which are used solely for storage and contain no habitable space, shall have no minimum setback distance from any side lot line and a minimum setback of five (5) feet to the rear lot line, except that no rear setback is required if the garage accessed from an alley or street to the rear. Garages on the end units of a series or group of townhouses shall be at least ten (10) feet from the next series or group of townhouses as measured from any structures or side lot lines;

(3)

Not more than seven (7) townhouse units shall be contiguous or in one (1) series or group, and not more than two (2) townhouse units in the same series or group shall have the same or approximately the same front line, roof line and architectural treatment;

(4)

Each townhouse unit shall be offset by a minimum of three (3) feet from the adjoining unit or shall have a porch on the front façade that distinguishes the external appearance of that unit from the adjoining townhouse unit;

(5)

The side walls of the end units of each grouping or series of townhouses shall have a distinguishing architectural feature such as a porch, window or door which shall incorporate a minimum of fifteen percent (15%) of the wall area as computed from side to side and from the ground to the ceiling of the uppermost story; and

(6)

Any garage or accessory structure shall be architecturally consistent, as determined by the Chief Executive Officer, with the principal permitted structure and with the overall neighborhood.

6.

Dwelling, multifamily.

a.

This use is permitted with conditions in the CB, CH and PBPE Zones subject to the following criteria:

(1)

The use shall be above or behind a commercial use or abuts at least twenty thousand (20,000) square feet of commercial space (office and/or retail); and

(2)

Dwellings must have a means of egress separate from the commercial use unless a shared access is required under the Americans With Disabilities Act regulations. No access to the dwellings shall be located inside a commercial establishment.

7.

Greenhouses.

a.

This use is permitted with conditions in the R21, R10, R8, R5, R3, CB, CBT, and CH Zones subject to the following criteria:

(1)

A residential greenhouse is a permitted use in a required rear yard when it complies with the following conditions:

(a)

No portion of the greenhouse is located in a required front or side yard; and

(b)

The greenhouse does not exceed ten (10) feet height.

(2)

A commercial greenhouse shall be considered a principal structure and must conform to the principal structures development standard in that zone.

(3)

The greenhouse use does not create offensive odors or dust;

(4)

The wall of the greenhouse closest to the principal structure shall be a minimum distance of six (6) feet from the exterior wall of such principal structure;

(5)

The greenhouse shall not be located less than three (3) feet from a lot line.

8.

Home office.

a.

This use is permitted with conditions in the R21, R10, R8, R5, R3, CBT, TDX and NCX Zones subject to the following criteria:

(1)

The use has no employees or staff working in the dwelling other than members of the family residing in the dwelling;

(2)

There is no change in the outside appearance of the building or premises of the dwelling, and no other external evidence of the business, profession, trade, occupation or employment being conducted inside the dwelling;

(3)

Visits of customers, clients and guests to the dwelling are secondary to the conduct of the business, profession, trade, occupation or employment, which customarily is conducted at the property of the customer, client, employer, or at some other location;

(4)

The use receives not more than two (2) visitors (customers, clients or guests) per weekday at the dwelling in connection with the business, profession, trade, occupation or employment, other than for occasional deliveries of office materials and supplies and deliveries and repairs of office equipment;

(5)

There is no storage of materials or supplies in the dwelling or on the premises of the dwelling in connection with any portion of the business, profession, trade, occupation or employment conducted off the premises, but this does not prevent the storage of office equipment and office supplies for use in the dwelling;

(6)

The use of the dwelling for the home office is clearly incidental and clearly subordinate to its use as a residence;

(7)

The floor area of the dwelling is not increased for the purpose of conducting the home office;

(8)

No adverse traffic patterns are created and any additional parking to be generated by the home office can be accommodated by existing parking spaces on the premises of the dwelling;

(9)

No equipment or process is used which creates noise, vibration, glare, fumes, odors or electrical interference detectable outside of the dwelling;

(10)

The use is not conducted in any accessory structure on the premises of the dwelling; and

(11)

The use of the dwelling unit for the home office complies with all other applicable town and state laws.

9.

Medical marijuana cultivation facility.

a.

This use is permitted with conditions in the CB, CH, IL, IH and PBPE Zones subject to the following criteria:

(1)

The applicant/owner shall obtain approval or pre-approval, of a license from the Maryland Medical Cannabis Commission. Documentation of a valid license shall be provided to the town prior to the commencement of operations;

(2)

Any structure and exterior grounds used for the cultivation operation must be at least one thousand (1,000) feet from any school, day care facility, substance rehabilitation facility, and any other cultivation operation; and

(3)

A buffer yard "G" shall be required to adequately separate this use from adjacent uses.

10.

Medical marijuana dispensary.

a.

This use is permitted with conditions in the CB, CH, IL, IH and PBPE Zones subject to the following criteria:

(1)

The applicant/owner shall obtain approval or pre-approval, of a license from the Maryland Medical Cannabis Commission.

(2)

Documentation of a valid license shall be provided to the town prior to the commencement of operations;

(3)

Any structure used for the dispensary operation must be at least one thousand (1,000) feet from any school, day care facility, substance rehabilitation facility, and any other dispensary operation;

(4)

A buffer yard "E" shall be required to adequately separate this use from adjacent uses.

11.

Mobile food service facility.

a.

This use is permitted with conditions in the R21, R10, R8, R5, R3, CB, CBT, CH, IL, IH, PBPE, TDX and NCX Zones subject to the following criteria.

(1)

Permit required.

(a)

A person may not operate a mobile food service facility without a permit from the town. A mobile food service facility permit application and associated fee must be submitted to the Town of La Plata Planning Department. An application shall include:

[1]

The annual permit fee established in Chapter 101, Fees;

[2]

The applicant's contact information and description;

[3]

The make, model, registration, commercial license plate number, and description of the food truck;

[4]

Insurance information for the food truck and evidence of inspection by the county health department;

[5]

The name and contact information of the license holder who will be on duty at all times the food truck is in operation;

[6]

The food service facility permit issued by the county health department; and

[7]

Any other information required by the department.

(b)

Permits shall be valid for one (1) calendar year from the date of issuance. The permit must be renewed on an annual basis for continued operation of the food service facility. Renewal of a permit shall follow the same process and be accompanied by the fee established in Chapter 101 Fees.

(2)

In order to operate or park a food service facility on privately owned property the applicant must receive written permission from the owner of the property, and may not park on any privately owned property without written permission from the owner. The holder of the license must make such written permission available to the town upon request.

(3)

Standard dimensions and appearance.

(a)

The maximum vehicle size is twenty-four (24) feet long, twelve (12) feet tall and eight and a half (8.5) feet wide while in motion.

(b)

Signs shall be attached to the mobile unit;

(c)

Facilities must not look dirty, damaged, or in disrepair.

(4)

Operational standards.

(a)

Operating hours are limited to 5:00 a.m. through 10:00 p.m.;

(b)

Paved off-street parking must be designated for the use within the CB, CBT, CH, IL, IH, PBPE, TDX and NCX Zones;

(c)

Sound amplifiers, noise-making devices, excessively loud music and other unreasonable disturbances to the public peace are forbidden;

(d)

Facilities are not permitted to provide tables, chairs, or umbrellas for seating and/or dining purposes;

(5)

Safety and sanitation.

(a)

Facilities may not restrict or interfere with the ingress or egress of an abutting property owner or tenant, create or become a nuisance or hazard to public health, safety or welfare;

(b)

Facilities may not increase traffic congestion or delay or create an obstruction to adequate fire, police or sanitation vehicles;

(c)

No mobile food service facility is permitted in a restricted parking zone, or within fifteen (15) feet of a fire hydrant;

(d)

Facility managers and staff must have readily available access to restrooms at all times, during operating hours;

(e)

Facilities must be clean;

(f)

The placement of equipment, including propane tanks or generators, in the public right-of-way is prohibited; and

(g)

Trash containers must be provided, maintained and emptied when full. A ten (10) foot radius from the operating space must remain free of all refuse of any kind generated from the facility.

12.

Outdoor storage.

a.

This use is permitted with conditions in the CB, CH, IL, and IH, subject to the following criteria:

(1)

Outdoor storage shall be limited to those areas designated for employees only and made inaccessible to the general public by means of a fence, wall or other permanent, secured enclosure or in areas that are set back a distance of not less than fifty (50) feet from any public building entry, parking lot, pedestrian facility or similar publicly used area.

(2)

Storage areas shall be fully screened from dissimilar uses on adjoining properties by a solid fence.

(3)

Storage areas shall provide a continuous "F" buffer yard at the perimeter of the lot where it abuts any residential property.

(4)

Outdoor storage shall not occur within twenty-five (25) feet of any public right-of-way.

(5)

Exemptions. The following uses are exempt from the requirements set forth in this section:

(a)

Areas designated for the outdoor sale, display or storage exclusively of plant material including live plants, fruits and vegetables and seasonal holiday related plant materials such as Christmas trees and pumpkins. This exemption does not include rock, mulch, pavers, building and landscape materials, and lumberyards.

(b)

Sale, display, or storage areas for automobile, boat and similar passenger and recreational vehicles, farm equipment, or truck/trailer rentals.

13.

Private parking facility.

a.

This use is permitted with conditions in the CB, CBT, CH, IL, IH, PBPE, TDX and NCX Zones subject to the following criteria:

(1)

The facility shall provide sidewalk connections to adjacent properties;

(2)

The facility shall provide off-street queuing space for at least two (2) cars waiting to enter any lot having a controlled ingress point;

(3)

An at-grade facility shall provide a continuous "F" buffer yard at the perimeter of the lot where it abuts any residential property excluding points of egress and ingress to the facility;

(4)

The parking structure shall be designed to match the principal structure of the site, must be located underneath the structure or must be screened from public view by a green wall, art, etc.

14.

Public parking facility.

a.

This use is permitted with conditions in the CB, CBT, CH, IL, IH, PBPE, TDX and NCX Zones subject to the following criteria:

(1)

The facility shall provide sidewalk connections to adjacent properties;

(2)

The facility shall provide off-street queuing space for at least two (2) cars waiting to enter any lot having a controlled ingress point;

(3)

An at-grade facility shall provide a continuous "F" buffer yard at the perimeter of the lot where it abuts any residential property and shall provide a continuous "C" buffer yard where it abuts any other land use, excluding points of egress and ingress to the facility; and

(4)

The parking structure shall be designed to match the principal structure of the site, must be located underneath the structure or must be screened from public view by a green wall, art, etc.

15.

Transit station.

a.

This use is permitted by special exception in the CBT, PBPE, TDX and NCX Zones in accordance with the following criteria:

(1)

Site parking and circulation layout shall provide sufficient queuing space for anticipated volume over the peak one (1) hour period (based on an analysis of the anticipated traffic volume submitted by the applicant).

(2)

A covered drop-off/pick up/waiting area shall be provided at the primary entrance.

(3)

Accessory garages for routine vehicle maintenance are prohibited.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Upon appeal from a decision by the zoning inspector, the Board of Appeals shall have the power to vary the strict application of any requirement of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical features whereby the strict application of such requirements would result in practical difficulty and unnecessary hardship depriving the owner of reasonable use of land.

B.

In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.

1.

No variance shall be granted unless the following requirements and standards are satisfied:

a.

The appellant must show that the variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter;

b.

A variance will not permit the establishment of a use which is not permitted in that zone;

c.

The hardship is not shared generally by other land or buildings in the area;

d.

The hardship is not self-created or self-imposed and must result from the strict application of this chapter.

e.

Greater profitability, lack of knowledge of the restrictions and other variances granted under similar circumstances shall not be considered as sufficient cause for a variance.

f.

The Board of Appeals may prescribe any safeguard or impose conditions as deemed necessary to secure substantially the objectives of the requirements as varied.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)