(a)

It shall be the duty of the administrator to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said chapter. It shall also be the duty of all officers and employees of Ocean City to assist the enforcing officer by reporting to said officer any seeming violation in new construction, reconstruction or land uses.

(b)

In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this chapter, the administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(c)

Any person or corporation who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a municipal infraction. The owner of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who has assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction thereof, shall be fined as hereinbefore provided.

(Code 1999, § 110-31; Ord. No. 1993-1, § 105-32.2, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 1999-5, 3-3-1999)

Variances to district regulations shall be in accordance with section 110-95.

(Code 1999, § 110-32; Ord. No. 1993-1, § 105-5.12, 1-19-1993)

(a)

A building permit shall be obtained from the department, except as prescribed in subsection (b) of this section, for all structures to be erected, constructed, altered, located, moved, converted, extended or enlarged and for all uses set forth in this chapter whether or not a building or structure is involved unless they are otherwise exempted. The administrator shall not approve a building permit until all regulations within this chapter have been complied with.

(b)

Amusement rides and attractions regulated by the state of Maryland's Amusement Ride Safety Act, Ann. Code of Md., Business Regulation article, title 3 (Ann. Code of Md., Business Regulations article, § 3-101 et seq.), are not required to obtain a building permit provided they are located within an approved amusement park.

(Code 1999, § 110-51; Ord. No. 1993-1, § 105-31.1, 1-19-1993)

(a)

All applications for building permits and zoning approvals shall be on forms as prescribed by the department. All applications shall be accompanied by a site plan prepared in accordance with article II, division 8, of this chapter and such other information as may be necessary to provide for the enforcement of these regulations, including construction plans. A record of the original applications, site plans and other documents shall be kept in the department, and a duplicate copy shall be kept at the building site at all times during construction.

(b)

Applications for building permits, as prescribed by the department, may be filed by the property owner, contract purchaser, option holder, lessee or their legal representative, contractors or agents.

(c)

Building permit and site plan expiration.

(1)

Building permits shall expire after six months from the date issued unless actual construction has started and continued pursuant to the terms of said permit.

(2)

All applications for site plan approval shall be transferred to the inactive files after 18 months have elapsed from the date of site plan approval, unless a building permit for the project is obtained prior thereto or unless the planning commission or board of appeals has designated some greater length of time for said site plans to remain active. Once site plans for a project have been placed in the inactive files, no further consideration shall be given said inactive site plans, and any approvals of said site plans shall lapse. It shall be necessary for a new application and plans to be submitted; the new application and plans shall be required to meet all regulations in effect as of the date of such new application.

(3)

Projects proposing phased construction.

a.

A project approved for construction in phases shall obtain a building permit for the initial phase within 18 months from the date of site plan approval. Other phases may obtain building permits beyond the 18-month life span as long as each phase continues to conform to all zoning requirements in effect at the time of application for a building permit for each phase.

b.

If, upon application for a building permit for a phase of an approved project, a site plan no longer conforms to all zoning requirements, the applicant may obtain said permit based on the approved plan if the application is submitted to the department within 90 days after the issuance of the certificate of occupancy for the previous phase.

c.

If more than 90 days have elapsed since the issuance of the certificate of occupancy for the previous phase and the original 18-month site plan life has lapsed, a site plan which no longer meets all zoning requirements shall be transferred to the inactive files. Once plans have been placed in the inactive files, no further consideration shall be given said inactive plans, and any approvals shall lapse. If future development of said project is desired it shall be necessary for a new application and plans to be submitted in full conformance with the procedures in article II, division 8, of this chapter; said new plans shall be required to meet all building and zoning regulations in effect as of the date of such new application.

(Code 1999, § 110-52; Ord. No. 1993-1, § 105-31.2, 1-19-1993)

A filing fee shall accompany all applications for building permits, conditional uses, special exceptions, site plans, subdivisions and rezonings, change of use or amendment in accordance with the fee schedule officially approved by the Mayor and Council and posted with the department.

(Code 1999, § 110-53; Ord. No. 1993-1, § 105-31.3, 1-19-1993)

(a)

The following inspections shall be required:

(1)

Foundation layout inspection. (The department may require a location survey verifying compliance with minimum setbacks.)

(2)

Rough-in inspection.

(3)

Final inspection.

(4)

Periodic inspections may be performed by the department at its discretion.

(b)

No premises shall be occupied or used until a certificate of occupancy shall have been issued by the department stating that the premises comply with the regulations set forth in this chapter.

(c)

Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued upon completion of work in conformity with the provisions of this chapter.

(Code 1999, § 110-54; Ord. No. 1993-1, § 105-31.4, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

This chapter establishes separate districts, each of which is an appropriate area for the location of the uses and structures which are permitted in that district. It is necessary and consistent with the establishment of those districts that all uses and structures incompatible with permitted uses and structures be strictly regulated and properly controlled. The purpose of the special regulations of this division is to encourage preservation, revitalization and redevelopment of existing nonconforming uses, structures and lots in the various districts.

(Code 1999, § 110-71; Ord. No. 1993-1, § 105-26.1, 1-19-1993)

(a)

The existence and extent of a nonconforming use, structure or lot shall be a question of fact to be determined by the administrator. If, after investigation and an on-site inspection, the administrator cannot make a confident determination, the administrator may require the property owner to apply to the board of zoning appeals for determination of nonconformity following a public hearing. A determination of nonconformity of parking requirements shall not be applicable to support the portion of a development project that utilizes transferable development rights to increase its base density.

(b)

The administrator shall keep a record of all determinations of nonconformities and provide the same to the planning commission and board of zoning appeals at each regularly scheduled meeting.

(c)

A fee in accordance with the fee schedule officially approved by the Mayor and Council and posted with the department shall be paid by the applicant for determination of nonconformity.

(Code 1999, § 110-72; Ord. No. 1993-1, § 105-26.2, 1-19-1993; Ord. No. 2019-06, 5-20-2019)

(a)

Any bona fide use of land or structure which lawfully exists at the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions hereof, subject to the regulations of this division. The nonconforming use of land or a structure may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of the enactment of the ordinance from which this chapter is derived or subsequent amendment.

(b)

The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(c)

Dry nightclubs which lawfully existed on November 19, 2001, that were located in zoning districts other than LC-1, SC-1 and BMUD, or which did not meet the separation requirements described in section 110-514(23), are nonconforming uses and subject to all other regulations of this chapter. Nonconforming dry nightclubs must obtain an annual business license and are subject to all regulations and conditions of said license.

(Code 1999, § 110-73; Ord. No. 1993-1, § 105-26.3, 1-19-1993; Ord. No. 2001-23, 12-3-2001)

(a)

Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(b)

No building or land or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

(c)

Nonconforming structures shall not be extended, expanded, enlarged or added to in any manner except in compliance with minimum bulk regulations. Existing encroachments within required yards and open space shall not be expanded, enlarged or added to in any manner within required yards or open space.

(d)

Nonconforming structures which have been damaged by any cause whatsoever may be repaired or rebuilt, provided that any repair or rebuilding does not in any respect increase the extent of nonconformity in any manner whatsoever.

(e)

Nonconforming structures may be altered, renovated, rebuilt or expanded, provided that such alteration, renovation, reconstruction or expansion does not in any manner increase the degree of noncompliance in any respect.

(f)

The permitted uses of nonconforming structures may be changed to other permitted uses provided the change of use does not in any manner increase the degree of noncompliance in any respect.

(g)

Outdoor display of merchandise which lawfully existed at the effective date of the ordinance from which this chapter is derived may be continued for a period of two years. Thereafter, the outdoor display of merchandise shall be regulated as set forth in section 110-363.

(Code 1999, § 110-74; Ord. No. 1993-1, § 105-26.4, 1-19-1993; Ord. No. 1997-1, 3-3-1997; Ord. No. 2000-1, 2-7-2000)

(a)

The board of appeals is hereby created. The board shall consist of five members and one alternate and one temporary alternate. The members shall be appointed by the Mayor and be confirmed by a majority vote of the City Council. Alternate and temporary alternate designations shall be made by the Council. Members, the alternate and the temporary alternate shall be removable for cause upon written charges and a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The term of office of the members of the board shall be three years. All members, the alternate and the temporary alternate shall meet the same qualifications as candidates and members of the Council.

(b)

The board shall adopt rules for the conduct of its business, such rules to be made available to the public. For the conduct of any hearing a quorum shall be not less than three members of the board, and in all instances an affirmative majority vote shall be required to overrule any decision, ruling or determination of the official charged with the enforcement of this chapter or to approve any special exception or variance. All meetings of the board shall be open to the public.

(Code 1999, § 110-91; Ord. No. 1993-1, § 105-33.1, 1-19-1993; Ord. No. 1994-1, 5-16-1994)

(a)

Applications for special exceptions, interpretations and variances may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the administrator in accordance with rules adopted by the board. If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or the owner's legal representative. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board, who shall place the matter on the docket, advertise a public hearing thereon, which shall be held not less than 14 days after such advertising, and give written notice of such hearing to the parties in interest. The administrator shall also transmit a copy of the application to the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(b)

An appeal to the board may be taken by any person aggrieved by an adverse decision of the administrator, or by any officer, department, board or bureau of Ocean City affected by any decision of the administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the administrator and with the board a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the administrator certifies to the board that by reason of facts stated in the certificate a stay would, in the administrator's opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the administrator and on due cause shown.

(c)

The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within 60 days following the hearing. At the hearing, any party may appear in person or by agent or by attorney. Public notice of the hearing shall be in accordance with article II, division 7, of this chapter. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the administrator.

(d)

The board shall keep minutes of its proceedings and other official actions, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record. The chairperson of the board, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of the applicant or the applicant's representative.

(Code 1999, § 110-92; Ord. No. 1993-1, § 105-33.2, 1-19-1993)

The board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrator in the administration or enforcement of this chapter.

(2)

To hear and decide on applications for special exceptions upon which the board is specifically authorized to pass under this chapter.

(3)

To hear and decide on applications for variances upon which the board is specifically authorized to pass under this chapter.

(4)

To hear and decide on applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary.

(5)

To hear and decide on applications for determination of existence of a nonconforming use in cases when the administrator cannot make a confident determination.

(Code 1999, § 110-93; Ord. No. 1993-1, § 105-33.3, 1-19-1993)

In order to provide for adjustments in the relative location of uses and buildings of the same or different classifications, to promote the usefulness of these regulations as instruments for fact finding, interpretation, application and adjustment, and to supply the necessary elasticity to their efficient operation, special exceptions are permitted within the allowed district as stated in this section. Special exceptions are permitted if the board finds that, in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property under the terms of this chapter.

(1)

Special use exceptions as specified in the district regulations.

(2)

Special exceptions to parking and loading requirements.

a.

Off-premise, off-street parking areas adjacent to or at a reasonable distance from the premises may be authorized by the board to reduce parking deficiency for any use for which the parking is required where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would best be served by permitting such parking off the premises.

b.

Waiver or reduction of the parking requirements and design standards in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities. Special exceptions to parking requirements are not permitted for the portion of a development project that utilizes transferable of development rights to increase its base density.

c.

Waiver or reduction of the loading space requirements and design standards in any district whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities.

(3)

Special yard exceptions.

a.

An exception to the yard regulations is permitted on a lot where, on said lot or on the adjacent lot, there is a front, side or rear yard that does not conform to such yard regulations in a way similar to the exception applied for, but such a permitted exception shall not encroach upon an existing or proposed right-of-way.

b.

An exception to the depth of a rear yard is permitted on a lot in a block where there are nonconforming rear yards.

c.

An exception is permitted where there are irregularities in depths of existing front yards on a street frontage on the side of a street between two intersecting streets, so that any one of the existing depths shall, for a building hereafter constructed or extended, be the required minimum front yard depth.

(4)

Special building-moving exceptions.

a.

An exception to the prohibition against the moving of buildings is permitted, provided that the board finds that the following conditions and standards are met:

1.

That the moving of said building will not adversely affect the uses of adjacent and neighboring property.

2.

That the character of the neighborhood to which the building is being moved will not be adversely affected.

3.

That the building being moved will not unduly adversely affect the value of neighboring properties in the area to which the building is being moved.

4.

That adequate off-street parking facilities are provided.

5.

That sidewalks are constructed or will be constructed to Ocean City specifications prior to the occupancy of the building for any purpose.

6.

That all other zoning requirements that apply to new construction are being met.

7.

That either the chief building official or any other professional registered engineer or architect certifies that said building, as moved, will comply fully with all the requirements of the International Building Code or any other such building code in effect within Ocean City at the time of the hearing before the board.

8.

That either the city engineer or any other professional registered engineer or architect certifies that the moving of said building will not cause any damage to municipally maintained streets. Regardless of the certification of any other engineer or architect, this condition will not be considered as having been met if the city engineer certifies that damage will be caused to Ocean City streets as a result of the proposed move.

9.

That the building to be moved will meet all current fire safety standards subject to the fire marshal.

b.

There shall be submitted along with an application for a special building-moving exception a site plan showing the property to which the building is being moved. Said site plan shall show:

1.

The proposed location of the building to be moved.

2.

The location of all sidewalks.

3.

A parking plan that is in accordance with the parking requirements of this chapter.

4.

The locations of buildings on all adjacent lots and their relation to the proposed building's location.

c.

The applicant shall submit to the board a color photograph, not more than 60 days old, of the building that the applicant proposes to move. The applicant shall also provide the board with color photographs, not more than 60 days old, of all buildings located on lots that abut the property and of all buildings on the opposite side of any street within 50 feet of the site to which the building is to be moved.

d.

In granting a special building-moving exception, the board may specify appropriate conditions and safeguards other than those specified in section 110-96.

e.

All buildings moved pursuant to this division shall comply completely with all standards herein established and any conditions or safeguards specified by the board, within 90 days of the issuance of any moving permit.

f.

Any such building-moving exception so granted shall be contingent on the applicant therefor depositing with Ocean City a cash bond in an amount to be determined by the board, but in no event less than $500.00, which said cash bond shall be forfeited to Ocean City if the building being moved pursuant to said exception remains on, or continues to traverse, any public way within Ocean City for more than a total of two days.

(5)

Special outdoor display of merchandise exception.

a.

An exception to allow the outdoor display of merchandise is permitted, provided that the board finds that the following conditions and standards are met:

1.

That the appearance of the display is compatible with the character of the existing neighborhood and is consistent with the comprehensive plan.

2.

That the amount and type of display and its location will be arranged in an orderly manner.

3.

That planters, decorative, ornamental and architectural features and the like are used to control and delineate the display area.

4.

That the merchandise to be displayed will only include merchandise which is clearly accessory and incidental to the primary business conducted inside the main building as part of its operation.

5.

That all business transactions will be conducted from the interior of the main building.

b.

There shall be submitted along with an application for a special outdoor display of merchandise exception a site plan showing clearly where the display will be located.

c.

The applicant shall submit to the board color photographs which are characteristic of the proposed display and photographs of the neighboring properties which shall be taken within 30 days of the board review.

d.

Minor changes to approved displays may be approved by the board without public hearing as an agenda item during a scheduled meeting of the board.

e.

Any special exception use for outdoor display of merchandise approved by the board of zoning appeals must be unconditionally accepted as approved, by written agreement, by the applicant requesting such use within 30 days after such special exception use has been approved by the board. If the applicant is a person other than the property owner, the property owner or the property owner's legal representative shall cosign the acceptance agreement. Failure to so accept, in writing, as herein provided, any such use so approved by the board shall be considered a rejection and abandonment by the applicant of such special exception use so approved, and thereafter any such use so approved shall be null and void and of no effect whatsoever.

(Code 1999, § 110-94; Ord. No. 1993-1, § 105-33.4, 1-19-1993; Ord. No. 2000-1, 2-7-2000; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2019-06, 5-20-2019; Ord. No. 2023-12, 7-17-2023)

The purpose of a variance from the terms of this chapter is to afford a safety valve so that carrying out the strict letter of the terms of this chapter may not occasion unnecessary hardship or practical difficulty to particular property owners, but the necessity of observing the spirit of this chapter in maintaining public health, safety and welfare persists, even where the variance is granted.

(1)

The board shall have the power to grant the following variances:

a.

Variance to minimum yard requirements.

b.

Variance to minimum lot requirements, including lot area (lot size), width of lot and depth of lot.

c.

Variance to the sign regulations contained in the downtown design overlay zone only.

(2)

Variances based on hardship may only be granted by the board upon the applicant demonstrating to the board that exceptional hardship upon the applicant would exist if the variance is not granted. It is not enough to simply allege hardship or simply to say that hardship is one of the grounds on which the variance is sought. There must be a showing of facts to clearly indicate that hardship is involved in a case and the extent of the hardship. The applicant has the burden of demonstrating the hardship and the extent thereof. When determining hardship, the board will consider the following:

a.

That the hardship is unique to the particular lot, tract or parcel of land for which the variance is requested and is not a hardship shared by all or most of the properties in the general neighborhood.

b.

That the hardship is not a financial one alone, although it may be considered along with the other hardships demonstrated by the applicant.

c.

That the hardship is not merely for the convenience of the applicant.

d.

That the hardship is due to the exceptional narrowness, shallowness, size or shape of the specific piece of property.

e.

That the hardship is due to the exceptional topographical conditions or other extraordinary situations or conditions of the specific piece of property.

f.

That the hardship is due to the use or development of property immediately adjacent to the property of the applicant.

(3)

No variance shall be authorized unless the board finds that the condition or situation of the property involved or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

(Code 1999, § 110-95; Ord. No. 1993-1, § 105-33.5, 1-19-1993; Ord. No. 2002-28, 11-18-2002)

In approving a special exception or variance, the board shall have the power to impose conditions, including, but not limited to, the following:

(1)

No outside signs or advertising structures except professional or directional signs.

(2)

Limitation of signs as to size, type, color, location or illumination.

(3)

Amount, direction and location of outdoor lighting.

(4)

Amount and location of off-street parking and loading space.

(5)

Cleaning or painting.

(6)

Gable roof or other type.

(7)

Construction and materials.

(8)

Connection or disconnection with other buildings.

(9)

Exits or entrances, doors and windows.

(10)

Paving, shrubbery and landscaping, or ornamental or screening fences, walls or hedges.

(11)

Time of day or night for operation of use.

(12)

No storefronts.

(13)

No structural changes.

(14)

Control or elimination of smoke, dust, gas, noise or vibration caused by operations.

(15)

Requirements for termination of a use based on lapse of time or such other conditions as the board may specify.

(16)

Such other conditions as are necessary.

(Code 1999, § 110-96; Ord. No. 1993-1, § 105-33.6, 1-19-1993)

(a)

Whenever an applicant for a special exception or variance cancels or withdraws the application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same special exception or variance shall be more than four months after the original public hearing was scheduled.

(b)

Whenever an application for special exception or variance has been denied by the board, such application, or one substantially similar, shall not be reconsidered sooner than four months after the previous denial.

(Code 1999, § 110-97; Ord. No. 1993-1, § 105-33.7, 1-19-1993; Ord. No. 2000-14, 6-5-2000)

After the board has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted or if the board does not specify some longer period than one year for good cause shown. Once a special exception or variance has expired, the provisions of these regulations shall thereafter govern.

(Code 1999, § 110-98; Ord. No. 1993-1, § 105-33.8, 1-19-1993)

The procedure for amendment of an approved special exception or variance, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that minor amendments of an approved site plan may be approved by the board at a regular meeting after written reports by the administrator that the amendments are minor and do not require a public hearing.

(Code 1999, § 110-99; Ord. No. 1993-1, § 105-33.9, 1-19-1993)

Appeals to courts from a decision of the board may be filed in the manner prescribed by law.

(Code 1999, § 110-100; Ord. No. 1993-1, § 105-33.10, 1-19-1993)

State Law reference— Appeals to courts, Ann. Code of Md., Land Use article, § 4-401 et seq.

The development and execution of this chapter is based upon the division of Ocean City into districts, within which districts the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district without further consideration, in each case, of the impact of those uses upon neighboring land. The Mayor and Council may authorize conditional uses, in harmony with the purpose and intent of this chapter and the comprehensive plan, only in the specific instances herein set forth, where the Mayor and Council makes findings of fact in accordance with the standards herein prescribed and, further, finds that the conditional use will not be contrary to the public interest.

(Code 1999, § 110-121; Ord. No. 1993-1, § 105-34.1, 1-19-1993)

(a)

An application for a conditional use listed within the district regulations may be made by any property owner, tenant, government official, department, board or bureau. If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or the owner's legal representative. The application shall be filed with the department on prescribed forms and shall be accompanied by a preliminary site plan prepared in accordance with article II, division 8, of this chapter. The administrator shall forward such application and all relevant data to the planning commission, who shall hold a public hearing in accordance with article II, division 7, of this chapter on the proposed conditional use and shall review the site plan for compliance with the requirements of this chapter before submitting its recommendation and report to the Mayor and Council. The planning commission may make reasonable additional requirements, including, but not limited to, any of the following:

(1)

Utilities.

(2)

Drainage.

(3)

No outside signs or advertising structures except professional or directional signs.

(4)

Limitation of signs as to size, type, color, location or illumination.

(5)

Amount, direction and location of outdoor lighting.

(6)

Amount and location of off-street parking and loading spaces.

(7)

Cleaning or painting.

(8)

Gable roof or other type.

(9)

Construction and materials.

(10)

Connection or disconnection with other buildings.

(11)

Exits or entrances, doors and windows.

(12)

Paving, shrubbery and landscaping, or ornamental or screening fences, walls or hedges.

(13)

Time of day or night for operation of use.

(14)

No storefronts.

(15)

No structural changes.

(16)

Control or elimination of smoke, dust, gas, noise or vibration caused by operations.

(17)

Curb cuts and traffic control.

(18)

Height of buildings and setback of buildings.

(19)

Such other conditions as are necessary.

(b)

After receiving the report and recommendation from the planning commission, the Mayor and Council shall make findings of fact in each specific case, including, but not limited to, the following:

(1)

Population change.

(2)

Availability of public facilities.

(3)

Present and future transportation patterns.

(4)

Compatibility with existing and proposed development for the area.

(5)

The recommendation of the planning commission.

(6)

The relationship of such proposed conditional use to the comprehensive plan.

(c)

The Mayor and Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation thereof as deemed necessary to reduce or minimize any effect of such use upon other properties in the neighborhood, and to secure compliance with the standards and requirements specified in this chapter. The Mayor and Council may require such evidence and guarantees as it deems necessary to ensure compliance with conditions imposed in connection therewith. Failure to comply with such conditions and restrictions imposed shall constitute a violation of this chapter.

(d)

Unless otherwise specified in this division or specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district in which the conditional use is located.

(e)

Following approval by the Mayor and Council, a final site plan shall be prepared in compliance with the specifications of the Mayor and Council and the requirements of this chapter and applicable laws, regulations and ordinances and filed in the records of the department. Permits shall be issued in accordance with the approved site plan.

(Code 1999, § 110-122; Ord. No. 1993-1, § 105-34.2, 1-19-1993)

Any conditional use approved by the Mayor and Council must be unconditionally accepted as approved, by written agreement, to the Mayor and Council by the applicant requesting such use within 90 days after such conditional use has been approved by the Mayor and Council. If the applicant is a person other than the property owner, the property owner or the property owner's legal representative shall cosign the acceptance agreement. Failure to so accept, in writing, as herein provided, any such use so approved by the Mayor and Council shall be considered a rejection and abandonment by the applicant of any such conditional use so approved, and thereafter any such use so approved shall be null and void and of no effect whatsoever.

(Code 1999, § 110-123; Ord. No. 1993-1, § 105-34.3, 1-19-1993)

(a)

Pursuant to the provisions of Ann. Code of Md., Land Use article, § 4-209, as amended, the planning commission is hereby designated as the hearing examiner for the purpose of holding public hearings as required by the provisions of Ann. Code of Md., Land Use article, and by this chapter. A quorum of four members of said planning commission shall be sufficient for holding hearings required under this chapter, and a majority vote of those members of the commission shall be required for a favorable recommendation for any change, amendment, or supplement to this chapter.

(b)

Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be in accordance with article II, division 7, of this chapter.

(c)

Whenever an applicant for a conditional use cancels or withdraws the application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same conditional use shall be more than four months after the original public hearing was scheduled.

(d)

Whenever an application requesting a conditional use has been denied by the Mayor and Council, such application, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

(Code 1999, § 110-124; Ord. No. 1993-1, § 105-34.4, 1-19-1993)

After the Mayor and Council have approved a conditional use, the conditional use so approved shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such conditional use was approved or if the Mayor and Council does not specify some longer period than one year for good cause shown. Once a conditional use has expired, the provisions of these regulations shall thereafter govern.

(Code 1999, § 110-125; Ord. No. 1993-1, § 105-34.5, 1-19-1993)

Whenever a conditional use which was approved by the Mayor and Council remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, such use so approved shall be considered abandoned and thereafter shall be null and void and of no effect whatsoever.

(Code 1999, § 110-126; Ord. No. 1993-1, § 105-34.6, 1-19-1993)

Upon reasonable belief that a violation of the conditions imposed upon a conditional use exists, the planning commission shall notify the property owner of the alleged violation by hand-delivery or certified mailing, and shall schedule a hearing within 72 hours after said notification. After the hearing thereon, if the planning commission determines, upon a preponderance of the evidence, that a violation has occurred, the planning commission may issue a reprimand, suspend or revoke the conditional use. Any party aggrieved by the determination of the planning commission may appeal same to the Mayor and City Council of Ocean City within 72 hours after said determination. The appeal stays the determination of the planning commission, pending the final determination of the Mayor and City Council of Ocean City. The Mayor and City Council of Ocean City shall hold a hearing as timely as possible. The hearing shall be on the record as established before the planning commission; and the Mayor and City Council of Ocean City may reverse, affirm or modify the planning commission's determination.

(Code 1999, § 110-127; Ord. No. 2001-23, 12-3-2001)

The procedure for amendment of an approved conditional use, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that minor amendments of an approved site plan may be approved by the commission at a regular meeting after written reports by the administrator that the amendments are minor and do not require a public hearing.

(Code 1999, § 110-128; Ord. No. 2018-14, 10-15-2018)

The regulations, definitions, districts, classifications and boundaries set forth in this chapter may from time to time be amended, modified or repealed by the Mayor and Council. Amendments to the text of this chapter and the reclassification of any property or the relocation of any district boundary shall be by ordinance passed by the Mayor and Council.

(Code 1999, § 110-141; Ord. No. 1993-1, § 105-35.1, 1-19-1993)

(a)

Applications for amendments to the text of this chapter may be made by any person who is a property owner, by motion of the planning commission or by resolution of the Mayor and Council. Such applications for text amendments shall be filed with the department on prescribed forms.

(b)

Text amendments shall be first reviewed by the planning commission, who shall hold a public hearing in accordance with article II, division 7, of this chapter, for the proposed text amendment, and following the required public hearing the planning commission shall make a report and recommendation to the Mayor and Council on the proposed text amendment. Upon receipt of the planning commission's report and recommendation, the Mayor and Council shall render a decision on the request based on the record established during the public hearing.

(Code 1999, § 110-142; Ord. No. 1993-1, § 105-35.2, 1-19-1993)

(a)

Application. Application for amendment of the official zoning maps may be made only by a governmental agency or by the property owner, contract purchaser, option holder, lessee, their attorney or the agent of the property to be directly affected by the proposed amendment. Every such application shall contain the following information:

(1)

If the applicant is a corporation, the names and residences of the officers, directors and all stockholders owning more than 20 percent of the capital stock of the corporation.

(2)

If the applicant is a partnership, whether a general or limited partnership, the names and residences of all partners who own more than 20 percent of the interest of the partnership.

(3)

If the applicant is an individual, the applicant's name and residence.

(4)

If the applicant is a joint venture, unincorporated association, real estate investment trust or other business trust, the names and residences of all persons holding an interest of more than 20 percent in the joint venture, unincorporated association, real estate investment trust or other business trust.

(5)

If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or the property owner's legal representative.

Such proposals for map amendments shall be on forms prescribed by the department and shall be accompanied by a plat drawn to scale showing property lines, and the existing and proposed district boundaries. Such plat shall not be required for sectional or comprehensive reclassifications. Applications for map amendments shall be addressed to and filed with the department.

(b)

Amendments. Map amendments shall be first reviewed by the planning commission, who shall hold a public hearing in accordance with article II, division 7, of this chapter for the proposed map amendment. Following the required public hearing, the planning commission shall formulate its recommendation on such amendment or change and shall submit its recommendation and pertinent supporting information to the Mayor and Council within 90 days after the public hearing held by the planning commission. Failure of the commission to report within 90 days after the public hearing on the proposal shall be deemed a favorable recommendation from the planning commission.

(c)

Findings. Where the purpose and effect of the proposed amendment is to change the zoning classification, the Mayor and Council shall make findings of fact in each specific case, including, but not limited to, the following matters:

(1)

Population change.

(2)

Availability of public facilities.

(3)

Present and future transportation patterns.

(4)

Compatibility with existing and proposed development for the area.

(5)

The recommendation of the planning commission.

(6)

The relationship of such proposed amendment to the comprehensive plan.

The Mayor and Council may grant the reclassification based on a finding that there has been a substantial change in the character of the neighborhood where the property is located or that there is (was) a mistake in the existing zoning classification. In addition, the Mayor and Council may change the zoning classification as a revision to the comprehensive plan pursuant to section 110-224.

(d)

Conditional map amendments. The Mayor and Council, upon the zoning or rezoning of any land or lands pursuant to the provisions of this authority, may impose such additional restrictions, conditions or limitations as may be deemed appropriate to preserve, improve or protect the general character and design of the lands and improvements and may, upon the zoning or rezoning of any land, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or to ensure conformity with the intent and purpose of this authority and of the zoning ordinance.

(1)

The provisions of section 110-142(a) and (b) with respect to planning commission review, recommendation to the Mayor and Council, public hearings and changes to the commission's recommendation shall apply equally to conditional zoning, except that changes to recommended conditions to be sought may be approved by the Mayor and Council without referral to the planning commission for further recommendation.

(2)

Applications for conditional zoning and publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on subject land shall be reviewed in accordance with the public hearing procedures set forth in article II, division 7, of this chapter.

(3)

Amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application.

(e)

Restrictions, conditions or limitations.

(1)

Restrictions, conditions or limitations sought to be imposed shall be adopted by ordinance of the Mayor and Council. Conditions may be a part of the ordinance approving any proposed reclassification or may be adopted by separate ordinance.

(2)

Said ordinance shall contain as a minimum the following information:

a.

A description of the property affected by the conditions imposed.

b.

The zoning classification of the property affected by the conditions imposed.

c.

The name of owners of record and, if under option, the prospective owners.

d.

Maps, drawings or illustrations that may more fully or clearly illustrate said conditions. Any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving ordinance.

e.

The method of ensuring compliance with all conditions imposed, including the title of the department responsible for enforcement as determined by the Mayor and Council.

(3)

Recording; filing. Subsequent to approval by the Mayor and Council, a signed, certified copy of the ordinance, under the name of the owner of record, approving conditions of zoning shall be recorded with the department.

(f)

Enforcement; requirements for certificate of occupancy.

(1)

The administrator or administrator's designee shall be the officer authorized by the Mayor and Council to enforce the conditions imposed by the Mayor and Council in the approving ordinance.

(2)

No certificate of occupancy shall be issued by the administrator prior to the fulfillment of the conditions imposed by the approving ordinance or the posting of a performance bond in accordance with the policy of the Mayor and Council.

(Code 1999, § 110-143; Ord. No. 1993-1, § 105-35.3, 1-19-1993)

(a)

Pursuant to the provisions of Ann. Code of Md., Land Use article, § 4-209, as amended, the planning commission is hereby designated as the hearing examiner for the purpose of holding public hearings as required by the provisions of Ann. Code of Md., Land Use article, and by this chapter. A quorum of four members of said planning commission shall be sufficient for holding hearings required under this chapter, and a majority vote of those members of the commission shall be required for a favorable recommendation for any change, amendment, or supplement to this chapter.

(b)

Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be in accordance with article II, division 7, of this chapter.

(c)

Whenever an applicant for a change or amendment cancels or withdraws the application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same change or amendment shall be more than four months after the original public hearing was scheduled.

(d)

Whenever a petition requesting an amendment, supplement or change has been denied by the Mayor and Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

(Code 1999, § 110-144; Ord. No. 1993-1, § 105-35.4, 1-19-1993)

In case of a protest against a change or amendment signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent to the rear thereof extending 175 feet therefrom or of those directly opposite thereto extending 175 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of five-sevenths of all the members of the governing body.

(Code 1999, § 110-145; Ord. No. 1993-1, § 105-35.5, 1-19-1993)

Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be made as follows:

(1)

Posting of property. The property which is the subject of the proceeding shall be posted with a sign. The sign shall be of sufficient size to reasonably advise the public of the public hearing, shall contain a reference to where plans may be examined, and shall be posted not less than 14 days prior to the public hearing. The sign shall be posted (to the extent possible) within a reasonable distance of a public road serving or near the property, so as (to the extent possible) to be reasonably visible to the public. Posting requirements shall be subject to the following modifications and provisions:

a.

Where the property lines are difficult to ascertain, posting on an adjacent property may be found to be sufficient.

b.

Evidence of posting shall be provided at the public hearing, but no evidence that the sign remained standing during the period of posting shall be required. When a posted sign is destroyed or removed, the property shall be reposted upon written request, but the date of posting shall be the date of original posting.

c.

Except in the case of the 14-day requirement, the hearing agency shall have the authority to determine whether or not a good faith effort to comply with the posting requirements is sufficient to satisfy the intent of such requirements so as to reasonably advise the public of the pending proceeding.

Any applicant and/or property owner of the property subject to the proceedings shall be deemed to have consented to the entry by the public upon the property for the purpose of viewing any sign. Posting shall not be required for proposed sectional or comprehensive map amendment procedures or for proposed amendments to the text of this chapter.

(2)

Newspaper advertising. All proceedings under the terms of this chapter requiring a public hearing shall be advertised in one newspaper of general circulation in Ocean City once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the date such proceeding is scheduled for hearing, which advertisement shall state the following:

a.

The date, time and place of such hearing.

b.

A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding and the relief sought by the initiator of the proceeding.

c.

Reference to the place or places within Ocean City where the plans, ordinances or amendments may be examined.

d.

The location of the property involved, if any, the name of the applicant and file or case number of the proceeding, and the name of the governmental body before which such proceeding is to be conducted.

e.

Any other information deemed necessary to adequately inform the public of the proceeding.

(Code 1999, § 110-161; Ord. No. 1993-1, § 105-36.1, 1-19-1993)

(a)

No building permit shall be issued for any work in connection with a use or structure until a site plan has been reviewed and approved for such use or structure. The site plan shall be reviewed for compliance with Ocean City's comprehensive plan, this division and other applicable regulations. The planning commission may require changes to site plans requiring its approval or attach conditions or restrictions when such changes, conditions or restrictions coordinate the proposed development with surrounding properties or improve the protection of the public's health, safety and general welfare.

(b)

In reviewing a site plan, the planning commission shall consider and impose requirements where deemed appropriate with respect to the following:

(1)

Vehicular traffic flow, both on site and off site.

(2)

Access to structures.

(3)

Access to public streets.

(4)

Pedestrian movement.

(5)

Fire equipment and emergency access.

(6)

Refuse removal.

(7)

Landscaping and maintenance of natural beauty.

(8)

Drainage flow and structures.

(9)

Signage.

(10)

Lighting.

(11)

Screening for certain uses.

(12)

Height of buildings.

(13)

Utilities and community facilities.

(14)

Impact on surrounding properties.

(15)

Comments and recommendations received from the Ocean City Development Corporation on site plans in the B-1, I-1, DM, DR, and M-1 districts.

(c)

Design guidelines.

(1)

These guidelines do not constitute absolute rules and regulations. They are meant to convey to the developer and design professional the town's desire for quality appearance and to set forth the design elements that should be addressed during the site plan review process. These design guidelines are meant to implement the comprehensive plan to Ocean City. They apply to all of the corporate limits of the Town of Ocean City except those areas subject to the downtown design overlay zone and the upper downtown design overlay zone and those properties being improved as a single-family dwelling. The design guidelines address only the architectural design and appearance of buildings. Other regulations concerning permitted uses, density, bulk, parking, landscaping, signs, etc., shall supersede when inconsistencies may arise.

(2)

The application of these guidelines is but one part of the site plan review process. The applicant for site plan approval should submit adequate plans and elevations to illustrate and explain to the planning commission how the intent and purpose of these guidelines are being addressed. The planning commission shall consider the design and its relation to the guidelines as part of its site plan review duties.

(3)

Design elements to be considered. The following design elements should be considered by the applicant for site plan approval:

(a)

Neighborhood sensitivity.

(i)

In a neighborhood where visual character is clearly defined, that character should be respected. Elements that establish character include:

A.

Building height.

B.

Architectural style.

C.

Roof style.

D.

Architectural massing.

E.

Finish materials, ornamentation and detail.

F.

Landscaping.

G.

Windows and doors.

H.

Siding materials.

(ii)

In a neighborhood that does not reflect a clear visual character, the designer may have the opportunity to set the standard for future development.

(b)

Siting and location of the building on the site.

(i)

Setbacks. Underlying zoning will control setbacks in most cases. In instances where existing setbacks (especially streetside setbacks) differ from those permitted by zoning, the existing pattern should be followed as closely as possible.

(ii)

Corners. Corner lots are particularly important to the visual character of a neighborhood. The same level of interesting architectural treatment (windows, projections, ornamentation, etc.) should be given to all street sides.

(iii)

Shadows. Attention should be paid to the impacts of shadows cast by a new building on existing neighbors. Orientation and stepped-back upper stories can be used to minimize shadows.

(iv)

Building and lot orientation. New buildings and lots should be oriented similar to the existing nearby development. The relationship of buildings to buildings and buildings to streets should be consistent.

(v)

Parking. When possible, parking should be located within or to the rear of the building. When parking is located between a street and building, it should be screened from view by landscaping and/or fencing.

(vi)

Garages. Ideally, garages should not open to the front or streetside. When they must, architectural practices such as recessing the garage or the imaginative use of color or trim should deemphasize the garage.

(vii)

Mechanical systems, dumpsters and other refuse collection items. Mechanical systems, dumpsters and other refuse collection items should be hidden or screened from view.

(c)

Architectural envelope.

(i)

Orientation. Building orientation should reflect that of the neighboring properties. For example, where the predominant pattern in a block is gable ends of buildings oriented perpendicular to the street, infill development should be so oriented.

(ii)

Roofs. Infill development and rebuilds should have roof styles, pitches and architectural details that are complementary to the existing neighboring development.

(iii)

Massing and proportions. Massing and proportion of established nearby buildings should be reflected in new development. Massing relates to the overall bulk and size of a building. Proportion has to do with how the parts or elements of a building relate to each other. When similar massing is not possible to achieve, the building facade can be broken into smaller elements creating an illusion of a smaller building more in scale with its neighbors.

(d)

Openings.

(i)

Entryways. The principal entry into a building should be apparent and easily identified. It should most often be placed on the front facade. When possible, the height of the entry should reflect that of its neighbors. Ground-level entries in a block of raised entries could disrupt visual continuity. Stairs to a principal entry should be interesting from the street. They could be wide, include planters, intermediate landings, decorative banisters, and lighting.

(ii)

Windows. The proportion, size, and detailing of windows should relate to that of neighboring buildings. The ratio of window openings to solid wall should be appropriate. Careful arrangement, placement, proportioning and detailing of windows and trim can add interest, balance and order to the exterior facade. When possible, window placement should respect the privacy of neighboring buildings.

(iii)

Porches. Porches are encouraged in locations where they have traditionally been part of the streetscape.

(e)

Finishes and materials.

(i)

The choice and mix of finishes and materials is important in providing an attractive streetscape environment. Exterior finishes and materials should be consistent and compatible with those existing in the neighborhood.

(ii)

The choice of materials can help express the proportions and massing of a building. Different materials can help define different parts of the building such as the base or an entry.

(iii)

Ornamentation. Structures should have finished architectural facade treatment on all sides visible from a public way or adjoining property. Long facades should incorporate recesses and projections to break up the facade. Architectural interest can be added to large structures by introducing the use of a repeating pattern of change in color, texture and material modules at regular intervals. Ornamentation should be consistent with the predominant style of the neighborhood.

(f)

Roof detail.

(i)

Pitched and gabled roofs are encouraged. When this is not practical, false gables and mansards can achieve a similar appearance.

(ii)

Mechanical fixtures on roofs should be hidden from view.

(iii)

For larger structures, variation in rooflines should be incorporated to reduce the scale and add visual interest.

(iv)

Elements such as dormers, eaves, and secondary roof elements over bay windows and porches are encouraged to reduce the impact of large roof areas.

(g)

Color. Color schemes should be compatible with the existing structures in the neighborhood. Facades should use subtle or neutral colors with accent applied to trim elements. More vibrant colors should be used sparingly and with discretion.

(h)

Additions should pay careful attention to the architectural style of the existing structure so as not to dramatically change the appearance of the structure and the character of the neighborhood.

(i)

The scale and mass of the addition should be in keeping with the original structure.

(ii)

Additions should only be constructed on the side or rear of the original building so as not to disrupt the established setback.

(iii)

The roof of an addition should match or complement the design of the original structure.

(iv)

Architectural elements such as windows should respect the prevailing geometry of the original structure.

(v)

Materials used in the addition should be consistent with the original structure.

(Code 1999, § 110-181; Ord. No. 1993-1, § 105-37.1, 1-19-1993; Ord. No. 2002-28, 11-18-2002; Ord. No. 2012-3, 2-6-2012)

Site plans for the following major uses shall be subject to review by the planning commission:

(1)

Subdivided two-family dwellings and townhouses.

(2)

Multiple-family dwellings containing three or more dwelling units or forming a part of a multiple-family development of two or more buildings.

(3)

Mobile home parks and mobile home subdivisions.

(4)

Rooming houses, boardinghouses, employee housing accessory, employee housing non-accessory, dormitories and lodginghouses, subject to the provisions of section 110-886.

(5)

Hotels and motels.

(6)

Private clubs.

(7)

Churches, temples and synagogues.

(8)

Commercial parking lots and garages.

(9)

All business buildings, commercial buildings or industrial buildings, except minor exemptions set forth in section 110-184(b).

(10)

Docks, piers, bulkheads or other over-water structures except private over-water docks, piers, bulkheads and boathouses accessory to a dwelling.

(11)

Unusual and uncommon architectural designs when the administrator considers said design to be unusual to such an extent that the administrator deems the proposed structure to be detrimental to good civic design or arrangement or to be seriously unharmonious with the neighborhood or detrimental to the character of the neighborhood or zoning district, or would tend to decrease the values of adjacent property.

(12)

Conditional use.

(13)

Overlay districts.

(Code 1999, § 110-182; Ord. No. 1993-1, § 105-37.2, 1-19-1993; Ord. No. 2011-13, 5-2-2011; Ord. No. 2023-12, 7-17-2023)

(a)

Site plans shall be submitted to the department, which shall review the plans for compliance with zoning regulations. The department shall then initiate review of the plans by all affected departments and agencies (technical review committee.) The technical review committee shall meet to review the plans within 30 days of submission of the plans. If all departments and agencies approve the plans as being in compliance with their respective regulations, the plans shall be placed on the next available planning commission agenda.

(b)

If the plans must be revised in order to be approved by the technical review committee, the revised plans shall follow the same process as described in subsection (a) of this section.

(c)

Multiple copies of site plans shall be submitted to the department in quantities set by the department.

(d)

Site plans shall be clearly drawn to scale so that they are legible and shall show the following:

(1)

A title block, including the name of the project or development and the names of the property owner, developer, engineer, and architect.

(2)

The name of the subdivision and the lot and block numbers.

(3)

A north arrow, scale of drawing (sufficient to show proper detail) and date of the drawing.

(4)

Vicinity map of the immediate and surrounding area with the site noted.

(5)

The existing zoning of the site and adjacent properties.

(6)

The existing use of the site and the existing use and approximate location of existing structures on adjacent properties.

(7)

The boundaries or property lines of the property involved, including bearings and distances, county or municipal boundaries, the general location of all existing easements, streets, buildings, dune lines or waterways, and other existing physical features in or adjoining the subject development. Note: A sealed survey, prepared by a professional engineer or land surveyor, licensed in the state, may be required for site plan approval.

(8)

The approximate location and sizes of all existing and/or proposed sanitary and storm sewers, water mains, culverts, catchbasins, and other underground structures in or near the project.

(9)

The location of all existing and/or proposed electrical transformers and poles.

(10)

Location, size, and screening details of all existing and proposed dumpster pads.

(11)

Calculations of required and provided off-street parking spaces.

(12)

Calculations of required and provided off-street loading spaces.

(13)

Dimensions of all off-street parking spaces and dimensions of all interior drives.

(14)

Dimensions of all off-street loading spaces.

(15)

Provisions, as required, for handicapped parking and access.

(16)

Specifications as to construction of parking area, entrances, and drives.

(17)

Location, height, type, and direction of lighting required to illuminate off-street parking areas.

(18)

Location of curbing and/or wheel stops in parking areas.

(19)

Indications of proposed traffic flows within interior drives and for ingress/egress to the project.

(20)

Location of existing or proposed automatic traffic signals adjacent to the site.

(21)

Location of all existing and proposed buildings, accessory and main, including dimensions of buildings and setbacks from property lines and between structures.

(22)

Existing and proposed use of all structures, accessory and main.

(23)

Location of all existing and proposed fire hydrants.

(24)

Location, size, height, and orientation of all existing and proposed signs.

(25)

Location of HVAC condensers and compressors.

(26)

Density calculations, including number of units allowed and number of units proposed, with number of bedrooms designated within each unit.

(27)

Scaled and dimensioned floor plans of each unit. Typical floor plans can be used for identical units.

(28)

Designation of proposed use of each room.

(29)

Elevations and dimensions of each side of structure.

(30)

Texture and materials of exterior surfaces of structure.

(31)

Indicate landscape materials to be used (including location, botanical name, common name and installation size).

(32)

Location of existing trees three inches or more in diameter measured 12 inches above ground level.

(e)

The department and planning commission may establish additional requirements to be shown on-site plans and, in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential for a proper decision on the project.

(f)

Site plans shall be returned to the applicant within 15 days following the meeting as approved, approved subject to conditions or disapproved. All work shall be completed as shown on the approved site plan and any revision to the approved site plan shall be in accordance with section 110-184.

(g)

Application for site plan review may be filed by the property owner, option holder, lessee or the property owner's legal representative, contractor or agent except that site plan applications requiring planning commission approval shall be cosigned by the property owner or the property owner's legal representative.

(Code 1999, § 110-183; Ord. No. 1993-1, § 105-37.3, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2000-8, 4-3-2000; Ord. No. 2005-8, 4-4-2005)

(a)

The procedure for amendments and additions to site plans shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached to a site plan which are clearly highlighted on the revised site plan with an itemized list of all revisions may be approved by the department or planning commission if the administrator reports that the amendment or addition:

(1)

Does not alter a recorded plat.

(2)

Does not conflict with regulations set forth in this chapter.

(3)

Does not change the general character or content of an approved development plan or use.

(4)

Applies to an approved condition originating with the planning commission and not with the Mayor and Council.

(5)

Has no appreciable effect on adjoining or surrounding property.

(6)

Does not result in any substantial change of major external access points.

(7)

Does not increase the approved number of dwelling units or height of buildings.

(8)

Does not decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(b)

The administrator may exempt minor structures which are not a part of a conditional use, special exception or overlay district, otherwise subject to this section, provided such structure:

(1)

Is accessory to a legally existing structure.

(2)

Is less than 500 square feet in gross floor area.

(3)

Is no larger than the existing structure.

(4)

Meets all zoning regulations of this chapter.

(Code 1999, § 110-184; Ord. No. 1993-1, § 105-37.4, 1-19-1993; Ord. No. 2024-26, 1-8-2025)