A.

Purpose. The town commercial district is intended to provide areas for frequently used retail, service and employment establishments while maintaining the basic character of the area in which they are located.

 The uses permitted in this district will allow for a mixture of uses, including residential, light assembly and fabrication uses in existing buildings provided they can meet basic performance standards concerning noise, congestion, parking, traffic, landscaping and buffers. The location of the town commercial district should be such as to provide for small, safe and attractive shopping areas that cater primarily to pedestrian traffic and are compatible with the surrounding residential environment. The planning commission may waive the parking requirement.

B.

Uses Permitted in the Town Commercial District. No building or structure may be erected or used or occupied except for one or more of the following principal uses subject to site plan approval in accordance with Section 17.20.050 of this Code:

1.

All residential uses, including short-term rentals as defined in 17.04.030;

2.

Public buildings, structures and services;

3.

Retail sales: paint, wallpaper, hardware, food, apparel, appliances, jewelry, fabric, furniture, furnishings, office equipment and supplies, general merchandise, equipment rental, floral items, plants, plumbing, heating, electrical;

4.

Office and business services: contractor, finance, insurance, real estate, advertising, employment agencies, business management, photocopying, printing;

5.

Eating and drinking establishments;

6.

Personal services: laundry, barber, beauty, funeral;

7.

Repair services: electrical appliances, furniture, upholstery, jewelry, clothing, shoe;

8.

Professional offices and services: medical, dental, legal, engineering, veterinary, architectural, design;

9.

Light assembly and fabricating: clothing, draperies, curtains, furniture and cabinets, tool and die, bakery, electrical components, toys; books, microbreweries (subject to Section 17.20.080);

10.

Private and commercial schools: business, dance, trade;

11.

Storage, wholesale and warehouse buildings: indoor storage of goods and material which will be sold, processed, or disposed of on or off premises (not, however, to include auto wrecking, junk and other salvage storage or truck or shipping terminals) (subject to Section 17.20.080);

12.

Places of worship;

13.

Public safety services, subject to site development plan approval;

14.

Community centers;

15.

Farmers' markets;

16.

Museums.

C.

Special Exceptions in the Town Commercial District. The board of appeals may authorize the following special exceptions in accordance with the provisions of Section 17.44.060

1.

Greenhouses, nurseries;

2.

Bed and breakfast;

3.

Clubs, lodges, fraternal organizations;

4.

Nursery schools and child care centers;

5.

Light vehicle repair limited to a maximum of two and one-half (2.5) ton capacity. Repair and service shall include lubrication, brakes, exhaust systems, wheel alignment, installation of accessories and parts, and installation of tires. Also included are major repairs, involving the repair or replacement of engine, transmission, chassis or body work.

(Ord. No. 24-12-01, § V, 1-13-2025; Ord. No. 18-10-01, § II, 12-10-2018; Ord. No. 15-05-01, § I, 5-11-2015, eff. 10-1-2015; Ord. No. 11-03-04, § I, 3-14-2011; Ord. No. 10-10-02, § V, 10-25-2010; Ord. 07-12-01 § 1 (part), 2008; Ord. 07-01-01 § 2 (part), 2007; Ord. 182 § 6.0, 1976)

A.

Purpose. The mixed business district is intended to provide a park-like setting for a community of small to medium size businesses which will maintain aesthetically pleasing appearances, which will operate without creating a nuisance or nuisance-like conditions, and which will protect the value of investments within the district while reducing the impact of its commercial uses on surrounding districts. Tracts within the district shall be planned, promoted, and developed for businesses and located on tracts of land which are large and generally open to constant and extensive public viewing in "showcase locations."

 Though Leeway is provided concerning the type of businesses to be permitted within the district, the appearance and types of operation of those businesses shall conform to the performance standards provided for in this chapter.

B.

Uses Permitted in the MB District.

1.

Commercial, Professional, or Institutional Purposes. In the MB district, no building or structure may be erected or used, and no land may be used or occupied, unless principally erected, used or occupied for commercial, professional, or institutional purposes and unless the land, building or structure complies with the conditions and standards established in this chapter.

2.

Retail Purposes. In the MB district, use for retail sales purposes shall be permitted if the size of that portion of the structure which is designated for such use is either the lesser of three thousand (3,000) square feet of gross floor area of the entire structure or fifty (50) percent of the entire structure. Notwithstanding the foregoing, if the total gross acreage of the site on which a building is to be used for retail purposes exceeds ten (10) acres, then twenty (20) percent of the entire site may be used entirely for retail purposes provided that the twenty (20) percent portion used for retail purposes has frontage on and access to a major road, and provided that no sign for any one individual retail user shall exceed one hundred (100) square feet in size. For any retail sales use, all other land, buildings and structures shall comply with the conditions and standards established in this chapter for the MB district.

3.

Public safety services, subject to site development plan approval.

C.

Required Lot Area, Lot Width, and Yards in the MB District. The following requirements apply in the MB district:

1.

Minimum area of lot size: one acre;

2.

Setback requirements for front, rear, and side yard: thirty (30) feet; provided, however, that for any lot on which a structure exceeding thirty (30) feet in height is situated, the thirty (30) foot setback requirement shall be increased by one foot for every foot of the structure which exceeds thirty (30) feet in height. Additionally, for any portion of a structure which is adjacent to a residential district or state highway, the setback requirement is one hundred (100) feet for that portion of the structure which is adjacent to such residential district or state highway;

3.

Structure height: thirty-six (36) feet;

4.

Lot width: one hundred (100) feet. The planning commission may, however, permit a lot width of not more than fifty (50) feet if the planning commission approves a landscaping plan which, in the commission's opinion, provides an adequate buffer for adjacent property.

D.

Accessory Structures and Uses in the MB District. Accessory structures are permitted in the MB district if used solely for the repair and/or service of products which are manufactured, processed, assembled, stored, or distributed as part of the principal use of the structures permitted in the district.

E.

Special Conditions. The following special conditions shall apply to all structures or uses within the MB district. These special conditions are intended to assure that development in the MB district will be aesthetically pleasing and compatible with neighboring properties, will create employment opportunities in businesses which cause no nuisances or nuisance-like atmospheres, and which furthers the objectives of the comprehensive plan.

 The primary purpose of the MB district is to provide for gross leasable areas (GLA) of one thousand five hundred (1,500) or more square feet. Smaller users are subject to restricted signage requirements applicable to the MB district and to the parking requirements for the particular use.

1.

Maximum building coverage on any lot in the MB district shall be thirty (30) percent of the lot area; provided, however, that no structure or group of structures on any single lot or in combination with structures situated on adjacent separate lots shall be greater than twenty-four thousand (24,000) square feet.

2.

At least twenty (20) percent of the lot area on any lot in the MB district shall be landscaped in accordance with a landscaping plan to be approved by the planning commission. The plan shall require screening which, depending on the type of development on the lot, shall be adequate to screen the development from the view of adjacent properties.

3.

All structures shall be designed and constructed so as to present an aesthetically pleasing and finished appearance as viewed from all sides, and all such structures shall be first approved by the planning commission. Loading docks, service areas or other similar features shall be screened from view from all public streets and adjoining residential districts. To ensure aesthetically pleasing development compatible with adjacent or neighboring buildings, all applications for site plan approval in the MB district shall include architectural renderings or other information concerning the design and materials of the proposed building.

4.

Parking spaces shall conform to the requirements of Chapter 17.32 for commercial, professional, and institutional uses. For business offices and permitted manufacturing uses, the following parking requirements shall apply:

a.

For buildings designated exclusively for office use, parking shall be based upon one space per two hundred fifty (250) square feet of gross usable building area and shown on the approved site plan. For nonexclusive office buildings parking shall be based upon one space per one hundred fifty (150) square feet of gross rentable building area, as shown on the approved site plan. However, if parking based upon the actual use is less (if a specific user is known at the time of site plan approval), then only that area need to be paved. The remaining area shall be graded and seeded for future parking expansion.

F.

Performance Standards.

1.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot line nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration-measuring equipment.

2.

Noise. All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency, or shrillness. Unless otherwise permitted by the town administrator, noise levels shall not exceed seventy (70) db(a) from 7:00 a.m. to 6:00 p.m. and sixty (60) db(a) from 6:00 p.m. to 7:00 a.m. The sound level shall be measured at the property line with a sound level meter.

3.

Air Pollution. No smoke, dust, fumes, or particulate matter shall extend beyond any lot line. The regulations and standards governing the control of air pollution shall be the same as those adopted by the state of Maryland.

4.

Odors. No use in the MB district shall result in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interfere with the comfort of the public.

5.

Fire and Explosion. All activities shall be undertaken and all flammable and explosive materials shall be stored with adequate safety and firefighting devices.

6.

Radioactive Materials. The handling of radioactive materials shall be in conformity with the regulations of the United States Nuclear Regulatory Agency and all applicable federal and state law.

7.

Glare and Heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes, such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot line. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

8.

Liquid or Solid Waste. There shall be no discharge into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid waste materials, except in accordance with the federal, state and local law.

9.

Outdoor Storage. Outdoor material or sales products storage areas are not permitted.

10.

Lighting. All lighting shall be down shielded and contained within the lot. No night facade lighting is permitted.

G.

Signs. All signs shall conform to the provisions of Chapter 17.36 of the Middletown Municipal Code.

(Ord. No. 20-08-01, § III, 9-14-2020; Ord. No. 15-05-01, § I, 5-11-2015, eff. 10-1-2015; Ord. 07-01-01 § 2 (part), 2007: Ord. 04-09-02 § 1 (part), 2004)

A.

Purpose. The GC district is intended to provide areas for general commercial activities that service the needs of the entire community and the surrounding area. The uses permitted in this district are of such character as to provide for comparative shopping needs, service and repair needs, office uses, specialized commercial and entertainment activities and those establishments which cater primarily to the motoring public.

 The location of such areas should be such that stores and commercial activities can be grouped together in an attractive and convenient manner at locations that will not infringe on residential areas. It is also essential that areas for this district be on major thoroughfares in order to provide for vehicular accessibility.

B.

Uses Permitted in the GC District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:

1.

Clubs, lodges, fraternal organizations;

2.

Public buildings, structures and services;

3.

Retail sales: paint, wallpaper, hardware, food, apparel, appliances, jewelry, fabric, furniture, furnishings, office equipment and supplies, general merchandise, equipment rental, floral items, plants, plumbing, heating and electrical;

4.

Eating and drinking establishments;

5.

Personal services—laundry, barber, beauty, funeral;

6.

Office and business services—contractor, finance, insurance, real estate, advertising, employment agencies, business management, photocopying, printing;

7.

Repair services—electrical appliances, furniture, upholstery, jewelry repair, clothing, shoe;

8.

Professional offices and services—medical, dental, legal, engineering, veterinary, architectural, design;

9.

Commercial recreation—theaters, bowling alleys, amusements;

10.

Places of worship;

11.

Light assembly and fabricating: clothing, draperies, curtains, furniture and cabinets, tool and die, bakery, electrical components, toys, books, microbreweries (Subject to Section 17.20.080);

12.

Storage, wholesale and warehouse buildings: indoor storage of goods and material which will be sold, processed or disposed of on or off premises. (Not, however, to include auto wrecking, junk or other salvage storage or truck or shipping terminals.) (Subject to Section 17.20.080);

13.

Public safety services, subject to site development plan approval;

14.

Farmers' markets;

15.

Museums;

16.

Medical care facilities.

C.

Special Exceptions in the GC District. The board of appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Section 17.44.060.

1.

Residential uses;

2.

Gasoline stations;

3.

Greenhouses, nurseries;

4.

Private and commercial schools—dance, business trade;

5.

Shopping centers;

6.

Lumber and other building material—retail;

7.

Vehicle repairs and services;

8.

Hotels and motels;

9.

Vehicle sales;

10.

Animal kennels and clinics;

11.

Nursery schools and child care centers;

12.

Light vehicle repair limited to a vehicle weight maximum of one-ton capacity. Repair and service shall be limited to lubrication, brakes, exhaust systems, wheel alignment, installation of accessories and parts, and installation of tires;

13.

Self-storage rental spaces for storage of personal goods.

14.

Liquor stores (Class A off site retail alcoholic beverage establishments).

(Ord. No. 18-10-01, § II, 12-10-2018; Ord. No. 15-05-01, § I, 5-11-2015, eff. 10-1-2015; Ord. 07-12-01 § 1 (part), 2008; Ord. 07-01-01 § 2 (part), 2007: amended after public hearing, 4-6-00; Ord. 182 § 6.1, 1976; Ord. No. 20-12-01, § I, 2-8-2021)

No building shall exceed thirty-six (36) feet in height or exceed sixty thousand (60,000) square feet in size.

(Ord. No. 20-08-01, § IV, 9-14-2020; Ord. No. 18-10-01, § II, 12-10-2018; Ord. No. 10-04-01, § II, 3-22-2010; Ord. 182 § 6.2, 1976)

There shall be provided in the commercial districts adequate off-street parking and loading areas in accordance with the requirements in Chapter 17.32.

(Ord. 182 § 6.3, 1976)

Whenever any use is to be established within a TC SC/LM or GC district, a site plan of development must be submitted to the planning commission and approved by them. The site plan shall show proposed building location and use, driveways, parking and loading areas, landscaping, water and sewer facilities, storm drainage facilities and street lighting, all showing relationships to adjacent development. New principal structures in the commercial districts shall be compatible with the massing, size, scale, materials, and architectural features of nearby buildings, so as to present an aesthetically pleasing and finished appearance as viewed from all sides. Loading docks, service areas or other similar features shall be screened from view from all public street and adjoining residential districts. To ensure aesthetically pleasing development compatible with adjacent or neighboring buildings, all applications for site plan approval shall include architectural plans, elevations, and architectural renderings or other information concerning the design and materials of the proposed building. The site plan shall conform to all specifications and requirements of the district and of Chapter 16.28, Design Standards, and Chapter 16.32, Improvements, of the Middletown subdivision regulations codified in Title 16 of this code.

A.

Site Plan Format. In addition to the requirements stated in this section the site plan shall comply with the plat requirements of Chapter 16.16 of the town subdivision regulations.

B.

Site Plan Fee. At the time of submitting a site plan to the planning commission, the developer shall pay a fee to the town to partially defray the cost of examination and consideration of the site plan. The amount of the fee shall be as established from time to time by resolution of the burgess and commissioners.

(Ord. No. 15-05-01, § I, 5-11-2015, eff. 10-1-2015; Ord. 00-04-04 § 2, 2000; Ord. 182 § 6.4, 1976)

_____

The following requirements apply in commercial districts:

* Residential uses in the TC district shall meet lot area requirements of the R-3 district.

** Yards adjacent to a residential district (not lot) are measured from structure or parking area, whichever is closest to the lot line, and must be equal to the height of the building or required dimension, whichever is greater.

*** Yard requirements in the GC district are measured from the parking area or structure, whichever is closest to the lot line.

# See Section 17.20.015(C)(2). Any lot on which a structure exceeding thirty (30) feet in height is situated, the thirty (30) foot setback requirement shall be increased by one foot for every foot of the structure which exceeds thirty (30) feet in height. Additionally, for any portion of a structure which is adjacent to a residential district or state highway, the setback requirement is one hundred (100) feet. The one hundred (100) foot minimum lot width may be modified by the planning commission.

(Ord. No. 15-05-01, § I, 5-11-2015, eff. 10-1-2015; Ord. 04-09-02 § 1 (part), 2004: Ord. 182 § 6.5, 1976)

Upon a review and approval of the planning commission, subdivision lots in shopping centers may not have to comply with yard or frontage requirements of the zoning ordinance or subdivision regulations, providing the planning commission finds the appropriate recorded easements are established to provide perpetual access to public streets and public utilities.

(Ord. 182 § 6.6, 1976)

A.

Fabrication, light assembly and storage uses are permitted in the town commercial and general commercial zoning districts only in structures existing, subject to the following sub-sections 1 and 2.

1.

A site plan is approved by the Middletown Planning Commission in accordance with Section 17.20.050;

2.

During the site plan process, an engineer's certificate may be required regarding noise, dust, vibration and odor for review, The certificate shall certify that the proposed operation will not increase the impacts from the above noise, dust, vibration and odor beyond other permitted uses detectable at the property line. Hours of operation may be restricted by the planning commission due to noise, light and pedestrian or vehicle traffic.

B.

Fabrication, light assembly and storage uses in the town commercial and general commercial zoning districts are permitted in new structures built only upon the grant of a special exception by the Middletown Board of Appeals.

(Ord. No. 18-10-01, § III, 12-10-2018; Amended after public hearing, 4-6-2000: Ord. 182 § 6.7, 1976)