In addition to the general standards for all special exceptions as contained in Section 17.44.060(F), the specific standards in this chapter for particular uses must be satisfied in order for the board of appeals to grant a special exception. For any special exception use which requires review and recommendation of a concept plan by the planning commission, such review and recommendation shall be undertaken by the planning commission before the board of appeals grants the application for the special exception. As used in this chapter, a "concept plan" is a plan and/or sketch which illustrates the general objectives and plans of the developer relative to the intended development of land and its consistency with town ordinances and design standards.

In making their determination, the board of appeals should consider particularly the effect upon adjacent property of the following:

1.

Signs and lighting (Chapter 17.36 and Chapter 17.32.245).

2.

Extent and appearance of structure(s).

3.

Traffic generation and movement.

4.

Parking and loading (Chapter 17.32.060 and Chapter 17.32.070).

5.

Emission of noise, odors, fumes, vibration, or other hazards.

(Ord. No. 23-03-03, § VI, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

An adult active community in the R-20 residential district is subject to the requirements of that district except as modified and provided in this section:

A.

An active adult community in the R-20 district may be developed as an integral component of a larger R-20 zoned subdivision consisting of at least one hundred (100) acres in which event the active adult community portion of the development may constitute no more than fifteen (15) percent of the total acreage in the subdivision.

B.

On parcels less than one hundred (100) acres but more than thirty (30) acres, the entire parcel may be used for an active adult community in accordance with the cluster development concept and regulations in Section 17.42.

C.

Minimum lot area per dwelling: three thousand two hundred (3,200) square feet; minimum average lot area per dwelling, five thousand five hundred (5,500) square feet; provided that no more than twenty-five (25) percent of the total number of lots may be less than four thousand (4,000) square feet.

D.

The planning commission, at its discretion, may approve reduced yards, subject to the following limitations:

1.

The front, rear or side yard setback from any lot fronting on a major town street (arterial or collector) shall be thirty-five (35) feet.

2.

Minimum setbacks for lots fronting on interior public or private subdivision streets shall be as follows:

a.

Front: ten (10) feet;

b.

Rear: fifteen (15) feet;

c.

Side: five feet.

3.

Driveways must have a minimum length of twenty (20) feet from a public or local street.

E.

Any individual dead-end private drive or street may be used to serve no more than ten (10) dwelling units.

F.

Pavers or other alternative materials which meet the standards approved by the town engineer may be used in the construction of private drives or streets.

G.

A homeowners' association shall be established to maintain all open spaces, common areas, stormwater management facilities, and private streets and to arrange for private waste removal services, if required, and snow removal services for private streets and drives. The homeowners' association shall have the responsibility to enforce all covenants and special conditions required of residents and property owners in the active adult community.

H.

The planning commission shall review and make recommendations regarding a concept plan for the active adult community.

I.

If the special exception is granted, the planning commission shall review and comment on the homeowners' association declaration of covenants for the purpose of approval by the burgess and commissioners prior to final plat approval. The planning commission shall also have architectural review authority for the dwelling units to be constructed within the community.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 14-08-04, § III, 9-8-2014; adopted after public hearing, 2-14-2000)

Animal kennels and clinics in a GC district are subject to the requirements of that district except as herein provided:

A.

All buildings shall be set back at least forty (40) feet from any street or property line;

B.

All activities associated with the use including runs etc., shall be located entirely within the building;

C.

It shall be located on and have access from a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Barber shops and beauty parlors in R districts are subject to the requirements of the district in which located except as herein provided:

A.

The beautician or barber shall be a resident of the dwelling;

B.

The operation is limited to only one operating chair;

C.

That there is not exterior evidence to indicate that the building is being used for any purpose other than that of a dwelling and in conformance with Chapter 17.36 Signs;

D.

Only one person other than the resident operator may be employed;

E.

Sufficient off-street parking in the side or rear yard shall be provided with three spaces being the minimum;

F.

That there is no show or display window;

G.

The total area devoted to the office does not exceed twenty-five (25) percent of the square footage of the dwelling.

(Ord. No. 23-03-03, § VII, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Editor's note— Ord. No. 15-08-01, § I, adopted August 14, 2015, effective Oct. 4, 2015, repealed § 17.48.040, which pertained to boarding house and lodging house and derived from Ord. 182 § 10.5.7 (part), 1976.

Bed and breakfast homes in the R-1, R-2, R-3, and TC districts are subject to the requirements of the district in which the bed and breakfast home will be located except as herein provided:

A.

The property for a bed and breakfast home shall not constitute a nuisance because of increased traffic, noise, odor, or any other activity associated with the use which may be disruptive to the residential character of the neighborhood.

B.

There shall be no exterior evidence that the building is being used for any purpose other than a residence and in conformance with Chapter 17.36 Signs.

C.

Off-street parking shall be provided; one space per guest room plus one additional space for each home occupant and/or employee(s). In no case shall parking be provided in the front yard. All parking areas shall be adequately screened as required by the site plan approval of the planning commission once the special exception has been granted.

D.

The original structure in which the bed and breakfast home is located shall have been built prior to 1950.

E.

The structure shall serve as the primary residence of the owner or manager, and the bed and breakfast home use shall be operated as an accessory use to the owner's or manager's residence.

F.

Bed and breakfast homes shall comply with all applicable state and county codes.

(Ord. No. 23-03-03, § VIII, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 09-03-03, § II, 3-9-2009; Ord. 08-03-02 § 1 (part), 2008; Ord. 182 § 10.5.7 (part), 1976)

Bulk petroleum storage facilities in an SC/LM district are subject to the requirements of that district except as herein modified and provided:

A.

Total storage not to exceed sixty thousand (60,000) gallons;

B.

Each container shall be set back from the nearest line of adjoining property as follows:

C.

Storage of liquids above ground shall be restricted by dikes.

D.

All such uses shall have access off a major street as identified in the town master plan.

E.

The sign identifying the business located on the premises shall conform to the sign standards set forth in Chapter 17.36 Signs.

F.

Retail gasoline pump sales subject to:

1.

Pump setback of at least twenty-five (25) feet from the street line and fifty (50) feet from the nearest adjoining property line;

2.

Gasoline storage shall be below ground and set back from the nearest line of adjoining property in accordance with underground storage setback standards in subsection B of this section;

3.

Concept plan review and recommendation by the planning commission:

a.

Lot area—thirty thousand (30,000) square feet,

b.

Maximum density—one pump per one thousand (1,000) square feet of lot area,

c.

Lot width—one hundred fifty (150) feet,

d.

Yard—minimum for each—front thirty-five (35) feet, side twenty (20) feet, rear thirty-five (35) feet,

e.

Building coverage—fifteen (15) percent maximum,

f.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 23-03-03, § IX, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Clubs, lodges and fraternal organizations in R-3 and TC districts are subject to the requirements of the district in which located except as herein provided:

A.

Lot area—thirty thousand (30,000) square feet minimum;

B.

Lot width—one hundred fifty (150) feet minimum;

C.

Yards—minimum for each yard—front fifty (50) feet;

D.

Building coverage—fifteen (15) percent maximum;

E.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Convalescent and nursing homes in R-2 and R-3 districts are subject to the requirements of the district in which located except as herein modified and provided:

A.

Lot area—thirty thousand (30,000) square feet;

B.

Maximum density—one bed per one thousand (1,000) square feet of lot area;

C.

Lot width—fifty (50) feet;

D.

Yard—minimum for each-front thirty-five (35) feet, side twenty (20) feet, rear thirty-five (35) feet;

E.

Building coverage—fifteen (15) percent maximum;

F.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Gasoline stations in the GC district are subject to the requirements of the district in which located except as herein modified and provided:

A.

Buildings shall be set back at least forty (40) feet from the street line.

B.

Pumps shall be set back at least twenty-five (25) feet from the street line and fifty (50) feet from the nearest adjoining property.

C.

Where the site adjoins an R district, the lot shall be screened by a solid wall or substantial, sightly, solid fence not less than five feet in height together with a six-foot planting strip of shrubs and evergreens on the outside of the fence. A buffer yard fifty (50) feet wide shall be provided and shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or building purposes.

D.

Access drives shall be located as follows:

1.

Minimum offset from intersection of street right-of-way lines: forty (40) feet;

2.

Side lot line offset: ten (10) feet;

3.

Minimum width: twelve (12) feet;

4.

Maximum width: thirty-five (35) feet;

5.

Minimum separation of drives on same lot: twenty-five (25) feet.

E.

Except along access drives, a concrete curb eight inches in height shall be placed along all street right-of-way lines.

F.

All lights shall be diverted toward the gasoline station or downward on the lot.

G.

No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

H.

At least ten (10) percent of the lot on which the gasoline station is situated shall be devoted to landscaping.

I.

Only minor repairs are permitted and all repairs shall be conducted within the building.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Greenhouses and nurseries in OS and GC districts are subject to the requirements of the district in which located except as herein modified and provided:

A.

Lot area—one acre minimum;

B.

No part of any buildings thereon shall be less than fifty (50) feet from a residentially zoned lot;

C.

No outdoor display of tools and equipment;

D.

In an OS district, no sale or storage of general hardware, power tools or motorized equipment is permitted.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Editor's note— Ord. No. 15-08-01, § I, adopted August 14, 2015, effective Oct. 4, 2015, repealed § 17.48.120, which pertained to hospital and sanatorium and derived from Ord. 182 § 10.5.7 (part), 1976.

Hotels and motels in a GC district are subject to the requirements of that district except as herein provided:

A.

Lot area—two acres minimum;

B.

Lot width—three hundred (300) feet minimum;

C.

All buildings shall be set back at least fifty (50) feet from the street line and forty (40) feet from side or rear property lines;

D.

Buffer yard and screening shall be provided as approved by the planning commission along all R district boundaries;

E.

Shall be located on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Industrial parks in an SC/LM district are subject to the requirements of that district except as herein provided:

A.

Lot area—ten (10) acres minimum;

B.

Lot width—three hundred (300) feet minimum;

C.

All buildings shall be set back at least fifty (50) feet from any property line and one hundred (100) feet from a street line;

D.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan. Traffic routes and exits shall be far enough from houses so that truck noise and vibration will be minimized;

E.

A buffer yard one hundred fifty (150) feet wide shall be provided on the site in all instances where the site adjoins an R district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes;

F.

Appearance should be harmonious with adjoining properties. This feature includes but is not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, building coverage, and architectural controls.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Retail lumber and other building material facilities in a GC district are subject to the requirements of that district except as herein modified:

A.

Lot area—one acre minimum;

B.

Lot width—one hundred fifty (150) feet minimum;

C.

All buildings shall be at least forty (40) feet from any property line or street line;

D.

Buffer yard and screening shall be provided as approved by the planning commission when adjacent to an R district;

E.

There shall be no outdoor storage of materials in the front yard area;

F.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Medical centers [care facilities] in an R district are subject to the requirements of the district in which located except as modified and provided:

A.

Lot area—twenty thousand (20,000) square feet minimum;

B.

Lot width—one hundred twenty-five (125) feet minimum;

C.

No building shall be located within forty (40) feet of a property or street line;

D.

No more than three practitioners shall occupy the building;

E.

Building coverage—fifteen (15) percent maximum;

F.

Access shall be on a major street (arterial or collector) as designated in the town comprehensive plan.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Nursery schools and child cares centers in R and GC districts are subject to the requirements of that district except as herein modified and provided:

A.

Lot area—twelve thousand (12,000) square feet minimum;

B.

Lot width—one hundred (100) feet minimum;

C.

The floor area devoted to the use for the child care center or nursery school shall contain at least thirty-five (35) square feet of usable floor space for each child, exclusive of corridors, kitchens, bathrooms, offices, isolation rooms or areas, storage space, and permanent sleeping space. Required space may include non-fixed children's chairs, tables and play equipment;

D.

One parking space shall be required per seven pupils plus one per employee not to be less than four parking spaces;

E.

Yards—twenty-five (25) feet from all property lines;

F.

There shall be an adequately sized fully fenced play area.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 08-03-02 § 1 (part), 2008; Ord. 182 § 10.5.7 (part), 1976)

Private and commercial schools in the GC district are subject to the requirements of the district except as herein provided:

A.

Lot area—one acre minimum;

B.

Lot width—one hundred twenty-five (125) feet minimum;

C.

Yards—thirty (30) feet minimum;

D.

The maximum attendance (number of students physically present) at any one time may not exceed one student per one thousand (1,000) square feet of the lot area devoted to the use.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

A.

Professional offices (physician, dentist, architect, engineer, attorney, or similar licensed professionals) in R districts are subject to the requirements of the district in which located except as herein modified and provided:

1.

The professional person shall be a resident of the dwelling;

2.

That there is not exterior evidence, to indicate that the building is being used for any purpose other than that of a dwelling and in conformance with Chapter 17.36 Signs;

3.

That there is no show window or display window;

4.

Only one person other than the resident professional may be employed;

5.

Sufficient off-street parking in the side or rear yard shall be provided with three spaces being the minimum;

6.

The total area devoted to the office does not exceed twenty-five (25) percent of the square footage of the dwelling unit.

B.

In the R-3 district a nonresident office of a physician and/or dentist is permitted subject to the requirements of that district except as herein modified and provided:

1.

No more than one physician or dentist and three other employees at one time;

2.

That there is no exterior evidence, to indicate that the building is being used for any purpose other than residential and in conformance with Chapter 17.36 Signs;

3.

Sufficient off-street parking in the side or rear yard shall be provided with one space per employee plus three additional spaces being minimum.

(Ord. No. 23-03-03, § X, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Public utility buildings in R and OS districts are subject to the requirements of the district in which located except as herein modified and provided:

A.

Side setback—as stated in the applicable zone but in no case less than thirty (30) feet;

B.

Unhoused equipment shall be enclosed with fence or wall not less than six feet in height, which shall be so constructed as not to have openings holes or gaps larger than six inches in any dimension;

C.

Housed equipment—when the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located;

D.

Screen planting—the required fence for unhoused equipment shall be surrounded by evergreen plantings.

(Ord. 08-05-01 § 2, 2008; Ord. 182 § 10.5.7 (part), 1976)

Replacement of a nonconforming use in any district is subject to the requirements of the district in which located except as herein provided:

A.

The proposed nonconforming use will have no more adverse effect upon adjacent property than the existing nonconforming use.

B.

In making their determination, the board should consider particularly the effect upon adjacent property of the following:

1.

Signs and lighting;

2.

Extent and appearance of structures;

3.

Traffic generation and movement;

4.

Parking and loading;

5.

Emission of noise odors, fumes, glare, vibration, smoke, vapors, fire, explosion, or other hazards.

(Ord. 182 § 10.5.7 (part), 1976)

Residential uses in a GC district are subject to the requirements of that district except as herein modified:

A.

Shall be located within a structure that is existing on the date of adoption of the ordinance codified in this title or shall be in conjunction with a commercial use (e.g., caretaker dwelling etc.) or located within a building that is used principally for a commercial use;

B.

Shall comply with the parking requirements of this title.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

These standards are intended to ensure that shopping centers are compatible with their surrounding areas and contribute to the unique community character of the Town of Middletown. Shopping centers in the GC district are subject to the requirements of the district in which located except as herein provided:

A.

Lot area—five acres minimum in GC district;

B.

Lot width—three hundred (300) feet minimum in GC district;

C.

All buildings shall be setback at least fifty (50) feet from any property line and one hundred (100) feet from a street line;

D.

Parking shall be provided at the minimum ratio of five point five (5.5) parking spaces for each one thousand (1,000) square feet of total floor area;

E.

Access shall be on an arterial street as designated in the town comprehensive plan;

F.

A buffer yard one hundred (100) feet wide shall be provided on the site in all instances where the site adjoins an R district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes;

G.

When adjacent to an R district except for street frontage, landscape screening at least six feet in height shall be planted along the R district boundary. The landscape screening plans shall be approved by the planning commission following special exception use approval;

H.

In a GC district the maximum building size for any individual unit (individual ownership) in the shopping center shall not exceed sixty thousand (60,000) square feet.

I.

A shopping center shall consist of no more than one large retail/commercial establishment, and shall not exceed two hundred thousand (200,000) square feet of total floor area.

J.

Uses. Any commercial use permitted in this title is permitted in a shopping center.

K.

Shopping centers shall receive architectural review approval by the Middletown Planning Commission following special exception use approval.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 10-04-01, § II, 3-22-2010; Ord. 08-03-02 § 1 (part), 2008; Ord. 182 § 10.5.7 (part), 1976)

Vehicle repair and service facilities in a GC and SC/LM district are subject to the requirements of that district except as herein provided:

A.

All repairs shall be conducted entirely within an enclosed building.

B.

Vehicle parking or storage shall not be permitted in any yard area adjacent to an R district.

C.

Screening as approved by the planning commission following special exception use approval shall be required along all R district boundaries.

D.

All buildings shall be set back at least forty (40) feet from the front yard line. In the GC district, all buildings shall be set back forty (40) feet from all side yard and rear yard lines. In the SC/LM district, all buildings shall be set back twenty (20) feet from all side yard and rear yard lines.

E.

Vehicles repaired shall be limited to automobiles and trucks, not to include tandem axle or tractor trailer trucks.

F.

The sign identifying the business shall conform to the sign standards set forth in Chapter 17.36 Signs.

(Ord. No. 23-03-03, § XI, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Vehicle repair and service facilities in a town commercial district are subject to the requirements of that district except as herein provided:

A.

All repair work shall be performed within the building.

B.

Parking space requirements to be determined by site plan review of the planning commission after special exception approval.

C.

No storage of vehicle parts or machinery shall be allowed outside.

D.

Hours of operation shall be addressed by the board of appeals.

E.

A concept plan shall be submitted to the planning commission for review and recommendation.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 11-03-04, § II, 3-14-2011; Ord. 182 § 10.5.7 (part), 1976)

Vehicle sales in a GC district are subject to the requirements of that district except as herein provided:

A.

Access shall be on a major street (arterial or collector) as designated in the Middletown comprehensive plan. All sites shall be located as follows:

1.

Minimum setback from intersection of street lines: forty (40) feet;

2.

Side lot line setback: fifteen (15) feet;

3.

Minimum width: sixty-six (66) feet;

4.

Minimum separation of access drives on same lot: twenty-five (25) feet.

B.

Where the site adjoins an R district the lot shall be screened by a solid wall or a substantial, solid fence, not less than five feet in height together with a six foot planting strip of shrubs and evergreens on the outside of such fence or wall. A buffer yard of fifty (50) feet wide shall also be provided. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes.

C.

Vehicles shall be stored or parked only within a bituminous concrete or concrete surfaced area.

D.

The retail sales of gasoline shall not be permitted as an accessory use. The board of appeals may permit the repair of vehicles only as an accessory use to the auto sales and only when conducted entirely within an enclosed building.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Accessory retail sales and repair in the SC/LM district are subject to the requirements of that district except as herein provided and modified:

A.

The retail sales or incidental repair of products are limited to those stored, manufactured or warehoused on the premises.

B.

The area of retail sales or repair shall not exceed twenty-five (25) percent of the floor space owned, occupied or leased by an individual tenant within the building devoted to manufacturing, storage or warehousing of the product or material.

C.

The retail portion of the building shall conform to the parking requirements for retail stores or shops as set forth in Section 17.32.060(B).

D.

Access to the property shall be from a major street (arterial or collector) as designated in the town comprehensive plan.

E.

Hours of operation wherein the premises are open to the general public shall be addressed at time of review by the board of appeals.

F.

The sign identifying the business or businesses located on the premises or within the building shall conform to the sign standards set forth in Chapter 17.36 Signs.

(Ord. No. 23-03-03, § XII, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Farm supply and hardware sales in the SC/LM district are subject to the requirements of that district except as herein provided and modified:

A.

Such a use shall have access from a major street (arterial or collector) as designated in the town comprehensive plan;

B.

Any area devoted to retail sales of hardware and farm supply shall comply with the parking requirements for retail stores or shops as set forth in Section 17.32.060(B);

C.

Expansion or additions to buildings or properties containing such uses shall be permitted subject to the above requirements and the general requirements of that district. Concept plan approval for any such expansion or addition shall be submitted to the Middletown planning commission for review and recommendation;

D.

The sign identifying the business shall conform to the sign standards set forth in Chapter 17.36 Signs.

(Ord. No. 23-03-03, § XIII, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Repair services in the SC/LM district are subject to the requirements of that district except as herein provided and modified:

A.

One parking space per three hundred (300) square feet of gross floor area shall be provided.

B.

Access shall be from a major street (arterial or collector) as designated in the town comprehensive plan.

C.

The sign identifying the business or businesses located on the premises or within the building shall conform to Chapter 17.36 Signs.

(Ord. No. 23-03-03, § XIII, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Light manufacturing uses in the SC/LM district are subject to the requirements of that district except as herein provided:

A.

Such request shall be accompanied by a certification by a registered engineer or architect that fumes, odors, dirt, vibration or noise produced by the use will not be detectable at the lot line.

B.

Access shall be from a major street (arterial or collector) as designated in the town comprehensive plan.

C.

All storage of goods and material shall be within a completely enclosed structure.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Multifamily dwellings and townhouses in the R-2 residential districts are subject to the requirements of that district except as herein modified and provided:

A.

The minimum lot size shall be two acres.

B.

The minimum lot area per dwelling unit in multifamily developments shall be four thousand (4,000) square feet. The average minimum lot area per townhouse unit shall be six thousand (6,000) square feet.

C.

The proposed multifamily dwelling or townhouse development shall be accessed from a major street (arterial or collector) as designated in the town comprehensive plan.

D.

A concept plan shall be submitted to the planning commission for review and recommendation, and townhouse development shall be in accordance with Section 17.16.080.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Restricted vehicles parking in the residential districts are subject to the requirements of those districts except as herein modified and provided:

A.

The granting of a special exception to a specific property owner for a specific vehicle is authorized only for that property owner and only for that specific vehicle, and the grant of the special exception is non-transferable and shall not run with the land.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 08-03-02 § 1 (part), 2008: Ord. 182 § 10.5.7 (part), 1976)

Antique malls in the SC/LM district are subject to the requirements of that district except as herein modified and provided:

A.

Concept plan review and recommendation is required by the Middletown planning commission to include a parking designated area and sidewalks;

B.

Hours of operation shall be addressed by the board of appeals;

C.

Parking shall be provided at a rate of one space per three hundred (300) square feet of leasable floor area;

D.

Signs shall conform to the sign standards set forth in Chapter 17.36 Signs;

E.

The property shall have access to a street identified as an arterial or collector street as designated in the town comprehensive plan.

(Ord. No. 23-03-03, § XIV, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Self-storage facilities in the GC and SC\LM commercial districts are subject to the requirements of the district in which the property is located except as provided in this section:

A.

Middletown planning commission shall have architectural review and size limitation authority and may require drawings, elevations and plans as necessary;

B.

The hours to which one may have access to the self-storage facility shall be limited as established by the board of appeals;

C.

The property shall have access to a street which is designated in the town comprehensive plan as an arterial or collector street.

D.

Concept plan, including parking provisions, review and recommendation required by the planning commission;

E.

The owner of a self-storage facility shall submit rules and regulations that shall be required by users and enforced by the self-storage facility owner to the planning commission for review. This is a condition of site plan approval of any self-storage facility.

(Ord. No. 19-07-02, § II, 8-26-2019; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Editor's note— Ord. No. 17.48.340, § II, adopted Aug. 26, 2019, changed the title of § 17.48.340 from "Self-storage" to read as herein set out.

Commercial tour bus parking facilities in the SC/LM district are subject to the requirements of that district except as modified in this chapter:

A.

Concept plan review and recommendation by the Middletown planning commission for commercial tour bus parking is required; at a minimum the concept plan shall require:

1.

Minimum fifty (50) foot setback and naturally landscaped buffer and screening from all residential districts;

2.

All parking areas be paved and provide a paved turnaround with no backing onto public streets permitted;

3.

All lighting is directed on-site;

4.

Proposed sign sizes and location in accordance with Chapter 17.36 Signs.

5.

Minimum lot area of forty thousand (40,000) square feet.

B.

The hours of operation and schedule of arrivals and departures shall be limited as established by the board of appeals.

C.

No passenger parking or loading is permitted on-site.

D.

Minor maintenance repairs only are permitted, not to include vehicle engine work, body repair work, drive train repairs or pumping/sanitizing of toilet holding tanks.

E.

No more than five buses/coaches may be parked at any one time.

F.

The property shall have access to a street which is designated in the town comprehensive plan as an arterial or collector street.

(Ord. No. 23-03-03, § XV, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 182 § 10.5.7 (part), 1976)

Editor's note— Ord. No. 23-03-02, § IV, adopted April 10, 2023, repealed § 17.48.360, which pertained to fences and derived from Ord. 04-05-01 § 2, adopted 2004; Ord. 08-03-02 § 1 (part), 2008.

Editor's note— Ord. No. 15-08-01, § I, adopted August 14, 2015, effective Oct. 4, 2015, repealed § 17.48.370, which pertained to offices for interior design services and derived from Ord. 06-03-01 § 1 (part), 2006.

The following provisions shall apply to business and warehouse facilities in the R-3 District:

A.

The business and warehouse facility must be situated on property which is adjacent to the TC District;

B.

The business and warehouse facility shall be used solely for the purpose of storing equipment, inventory, goods, documents and other material or property which is used for business purposes. No flammable, toxic, or hazardous material may be stored in the facility;

C.

The business and warehouse facility shall be situated so as to comply with all applicable size and setback requirements in the R-3 District;

D.

A concept plan for the storage facility shall be submitted to the planning commission for review and recommendation. In its review, the planning commission shall consider any prior uses of the property on which the facility is to be located, the extent to which the facility and its appearance will conform to and harmonize with the surrounding R-3 neighborhood, and any other factors deemed appropriate to the commission. The planning commission may make recommendations regarding size limits and may require drawings, elevations and plans as necessary;

E.

Offices may be located in the business warehouse facility only if the office is used for purposes directly related to the functions of the facility;

F.

All parking restrictions applicable in the R-3 District shall apply.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. 08-09-01 § 2, 2008)

The following conditions shall be satisfied in order to grant a special exception for a community center in the residential districts:

A.

Minimum Lot Area: Forty thousand (40,000) square feet.

B.

Minimum Lot Width: Two hundred (200) feet.

C.

Minimum Setbacks: Forty (40) foot front yard, fifty (50) foot side yard, and fifty (50) foot rear yard.

D.

Building Coverage: Twenty-five percent (25%) maximum.

E.

Screening and buffers shall be provided and shall be reviewed by the planning commission as part of the concept plan review and recommendation process.

F.

At the time of concept plan submission, a statement identifying all accessory uses including hours of operation, frequency of activity, and average number in attendance shall be submitted for review and approval by the planning commission.

G.

Access: The lot shall have direct access to or have access within two hundred (200) feet of a collector road.

(Ord. No. 23-03-03, § XVI, 4-10-2023; Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 10-10-02, § VIII, 10-25-2010)

The following conditions shall be satisfied in order to grant a special exception for freestanding solar collection systems:

A.

In calculating the square footage of the footprint of the system, a line shall be drawn connecting the exterior-most portions of the system and any components thereof and measuring the square footage of the enclosed area thereby created.

B.

In the TC, GC, SC/LM, MB, OS and AG districts, the total square footage of the footprint of the system shall not exceed that of the principal structure located on the property on which the system will be situated.

C.

In the R-20, R-1, R-2 and R-3 residential districts, the square footage of the footprint of the system shall not exceed the greater of either six hundred (600) square feet or one-half the square footage of the footprint of the principal structure located on the property on which the system will be situated.

D.

The system shall not exceed the height limit established for the zoning district in which the system will be situated.

E.

The system shall be placed and installed only in either the rear or side yard of the property on which it will be situated.

F.

The system shall be placed and installed a minimum of six feet from all property lines and a minimum of six feet from other structures on the property except that a system which exceeds six feet in height shall be set back from all property lines and from all other structures on the property at least one additional foot for each foot in height over six feet.

(Ord. No. 12-01-01, § I, 1-9-2012, eff. 1-29-2012)

In the R-2 district, parking lots are subject to the requirements of that district and shall satisfy the following requirements:

A.

The parking lot shall be situated on property which adjoins a commercial use;

B.

The parking lot shall be used for parking for the adjoining commercial use;

C.

The parking lot shall be A dust free surface. The location of the parking lot paved area shall comply with a setback requirement of thirty-five (35) feet for the front yard and twenty (20) feet for side yards. The parking area shall be enclosed by fencing along the front yard which shall be no greater than four feet high. Appropriate signage shall be placed in a clearly visible location at the entrance to advise the public that the use of the parking lot is restricted to those patronizing the adjoining commercial use or establishment;

D.

A concept plan for the parking lot shall be submitted to the planning commission for review and recommendation. In its review, the planning commission shall consider the extent to which the parking lot and its appearance will conform to and harmonize with the surrounding R-2 neighborhood, and any other factors deemed appropriate to the commission. The planning commission will require drawings, lighting plans, elevations and plans as necessary;

E.

The parking lot must be in compliance with Frederick County stormwater requirements;

F.

Once the adjoining commercial use no longer exists the impervious surface will be removed and the property returned to a stabilized condition and consistent with residential development in the R-2 district.

(Ord. No. 15-08-01, § I, 8-14-2015, eff. 10-4-2015; Ord. No. 13-02-02, § II, 2-11-2013, eff. 3-3-2013)

Editor's note— Ord. No. 13-02-02, § II, adopted Feb. 11, 2013, effective March 3, 2013, set out provisions intended for use as § 17.48.400. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 17.48.410.

In the GC district, licensed class A off sale retail alcoholic beverage establishments ("licensed establishment") are subject to the requirements of that district and shall satisfy the following requirements:

A.

The licensed establishment shall have at least ten (10) off-street nondedicated parking spaces available for its patrons;

B.

All signage, both permanent and temporary, must comply with the standards in Chapter 17.36 Signs;

C.

The hours of operation may not exceed 9:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a.m. to 9:00 p.m. on Sundays, and

D.

The licensed establishment may not be located within one thousand (1,000) feet of a school or place of worship; and

E.

No outside accessory structures such as ice machines, vending machines, shall be permitted.

(Ord. No. 23-03-03, § XVII, 4-10-2023; Ord. No. 20-12-01, § II, 2-8-2021)