The purpose of this district is to provide for low density single-family residential development, together with accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future.

(Code 1999, § 110-271; Ord. No. 1993-1, § 105-6.1, 1-19-1993)

A building or land in the R-1 single-family residential district shall be used only for the following purposes:

(1)

Detached single-family dwellings.

(2)

Essential services.

(Code 1999, § 110-272; Ord. No. 1993-1, § 105-6.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Family day care home.

(2)

Private boat docks, wharves, piers and mooring piles to be located on property which has no established principal use on the premises.

(3)

Special building-moving exception in accordance with section 110-94(4).

(4)

Special parking exception in accordance with section 110-94(2).

(5)

Special yard exception in accordance with section 110-94(3).

(6)

A determination, in case of uncertainty, of the district classification of any use not specifically named in these regulations: provided, however, that such use shall be in keeping with uses specifically permitted in the districts in which such use is to be classified.

(Code 1999, § 110-273; Ord. No. 1993-1, § 105-6.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Churches, temples and synagogues, including customary accessory uses such as classrooms, community halls, offices, etc.

(2)

Small wind energy systems pursuant to the provisions of section 110-883.

(Code 1999, § 110-274; Ord. No. 1993-1, § 105-6.4, 1-19-1993; Ord. No. 2009-6, 4-20-2009)

The following accessory uses shall be permitted in the R-1 single-family residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Private boat docks and boathouses subject to all other applicable governmental regulations.

(2)

Private parking garages, customary residential outbuildings, and other accessory uses normally associated with residential use, such as, but not limited to, domestic storage, swimming pools, game courts, home barbecue grills, and temporary canvas cabanas not used for sleeping or containing cooking facilities.

(3)

Home occupation in accordance with section 110-908.

(4)

Storage of a boat, boat trailer, or recreational vehicle, but none of these may be used for human occupancy.

(5)

Accessory off-street parking spaces, which may only include one commercial vehicle of not more than one ton's capacity and used by the occupant of the dwelling to which the space is accessory.

(6)

Temporary buildings, the use of which is incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision, and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of five years from the time of erection of such temporary buildings, whichever is sooner.

(Code 1999, § 110-275; Ord. No. 1993-1, § 105-6.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area: 7,500 square feet.

(2)

Minimum lot width: 60 feet.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: 20 feet.

(5)

Minimum width of each side yard:

a.

Five feet, except as provided in subsections (5)b and c of this section.

b.

If the width of the lot is more than 50 feet, the minimum total side yards shall be 15 feet with no side yard being less than five feet.

c.

The minimum width of side yards for churches, temples and synagogues shall be 25 feet.

(6)

Minimum depth of rear yard:

a.

Fifteen feet, except as provided in subsection (6)b of this section.

b.

The minimum width of the rear yard for churches, temples and synagogues shall be 25 feet.

(7)

Maximum building height:

a.

Principal building: Shall be no more than 35 feet, and shall be no more than three stories.

b.

Accessory building: Shall be no more than 20 feet, and shall be no more than 1½ stories.

(Code 1999, § 110-276; Ord. No. 1993-1, § 105-6.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-277; Ord. No. 1993-1, § 105-6.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-278; Ord. No. 1993-1, § 105-6.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-279; Ord. No. 1993-1, § 105-6.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-280; Ord. No. 1993-1, § 105-6.10, 1-19-1993)

The purpose of this district is to provide for low density multiple-family residential development compatible with single-family development. This district is in areas of mixed, but primarily single-family, residential types. Development in this district is intended to reflect the single-family nature of the surrounding properties.

(Code 1999, § 110-301; Ord. No. 1993-1, § 105-7.1, 1-19-1993)

A building or land in the R-2A low density multiple-family residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

Two-family dwellings, subject to regulations of section 110-906.

(3)

Townhouses, subject to regulations of section 110-906.

(4)

Multiple-family dwellings.

(5)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-302; Ord. No. 1993-1, § 105-7.2, 1-19-1993; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the R-1 single-family residential district shall be permitted by special exception within the R-2A low density multiple-family residential district.

(Code 1999, § 110-303; Ord. No. 1993-1, § 105-7.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Any use permitted by conditional use in the R-1 single-family residential district shall be permitted by conditional use within the R-2A low density multiple-family residential district.

(2)

Public utilities and public services not otherwise regulated by the state public service commission, including buildings, treatment plants, pumping or regulator stations, substations, and principal transmission lines, but not including distribution and collection systems.

(3)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-304; Ord. No. 1993-1, § 105-7.4, 1-19-1993; Ord. No. 2011-30, 9-19-2011; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the R-2A low density multiple-family residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Any accessory use permitted in the R-1 single-family residential district shall be permitted as an accessory use within the R-2A low density multiple-family residential district.

(2)

An indoor laundry room for the use of occupants of a building or group of buildings.

(3)

Public telephones inside a main building.

(Code 1999, § 110-305; Ord. No. 1993-1, § 105-7.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with minimum lot area per dwelling unit and with section 110-906.

b.

Lot area per multiple-family dwelling unit (density): 4,000 square feet.

c.

Lot area per subdivided two-family dwelling unit and townhouse dwelling unit: 4,000 square feet in accordance with section 110-906.

(2)

Minimum lot width: 50 feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard: Five feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: 35 feet and/or three stories.

(Code 1999, § 110-306; Ord. No. 1993-1, § 105-7.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-307; Ord. No. 1993-1, § 105-7.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-308; Ord. No. 1993-1, § 105-7.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-309; Ord. No. 1993-1, § 105-7.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-310; Ord. No. 1993-1, § 105-7.10, 1-19-1993)

The purpose of this district is to encourage a durable and attractive vacation-living environment which includes variety in housing types but constructed in a relatively spacious form without the tall buildings, intense use of land and commercial services permitted in the R-3 general residential district. Detached cottages, townhouses, and other vacation-residential accommodations are permitted, while height is limited to five stories, density of living units is medium and commercial facilities are limited to a few needed accessory uses.

(Code 1999, § 110-331; Ord. No. 1993-1, § 105-8.1, 1-19-1993)

A building or land in the R-2 medium residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

Two-family dwellings, subject to regulations of section 110-906.

(3)

Townhouses, subject to regulations of section 110-906.

(4)

Multiple-family dwellings.

(5)

Roominghouses, boardinghouses and lodginghouses.

(6)

Hotels and motels, subject to regulations of section 110-907.

(7)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-332; Ord. No. 1993-1, § 105-8.2, 1-19-1993; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Any use permitted by special exception in the R-1 single-family residential district shall be permitted by special exception within the R-2 medium residential district.

(2)

Temporary tents for special purposes.

(3)

Day care facilities.

(4)

Radio or television broadcasting station or tower.

(5)

Private clubs.

(6)

Churches, temples and synagogues.

(Code 1999, § 110-333; Ord. No. 1993-1, § 105-8.3, 1-19-1993; Ord. No. 2000-1, 2-7-2000)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Exposition centers or fairgrounds.

(2)

Hospitals and sanitariums, but not animal hospitals.

(3)

Institutions, educational or philanthropic, including museums, art galleries and libraries.

(4)

Banks, savings and loan associations, trust companies and similar institutions and offices, both business and professional.

(5)

Off-street parking spaces for uses on property zoned R-3, LC-1, BM, and I-1.

(6)

Bicycle rental to general public in connection with hotels and motels on the premises containing 20 or more guestrooms or suites.

(7)

Public utilities or public service uses not otherwise regulated by the public service commission, including buildings, treatment plants, pumping or regulator stations, substations, and principal transmission lines, but not including distribution and collection systems.

(8)

Small wind energy systems pursuant to the provisions of section 110-883.

(9)

Farmers' markets that are approved as such by the Maryland Department of Agriculture and on minimum lot area of one acre.

(10)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-334; Ord. No. 1993-1, § 105-8.4, 1-19-1993; Ord. No. 1995-6, 5-15-1995; Ord. No. 2000-32, 11-6-2000; Ord. No. 2009-6, 4-20-2009; Ord. No. 2022-13, 6-6-2022; Ord. No. 2023-12, 7-17-2023)

The following accessory use shall be permitted in the R-2 medium residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Any accessory use permitted in the R-1 single-family residential district.

(2)

An office located in a main building or in an accessory building for administration of the use being conducted on the premises.

(3)

An indoor laundry room for the use of occupants residing on the premises.

(4)

A newsstand or sundries counter within and operated primarily for the convenience of occupants of a building or group of buildings containing 20 or more dwelling units. All such accessory uses must be located within the main building and shall be accessible only through an interior lobby or corridor, with the exception of required outside fire and emergency exits.

(5)

Public telephones inside a main building.

(6)

Coin-operated vending machines for candy, tobacco, ice, soft drinks and sundries, inside a building or, if outside, they must be binding and touching on a building. The machines shall not be within any required yard; except they may be located beneath any permitted overhang, balcony, porch, steps, etc., provided they are located at least 20 feet from any side lot line in a residential district.

(7)

A dining room within and operated primarily for the convenience of occupants of a building containing 20 or more dwelling units. Such dining room shall contain no more than 50 square feet of floor area for each dwelling unit in the building, and must be located within the main building and shall be accessible only through an interior lobby or corridor, with the exception of required outside fire and emergency exits.

(8)

Ballrooms, banquet halls, meeting rooms, auditoriums, game rooms, skating rinks, or exhibition halls within a hotel containing 20 or more guestrooms or suites.

(9)

On-premises employee housing.

(10)

Indoor/outdoor bicycle rental for the convenience of occupants of a building or group of buildings on the premises.

(Code 1999, § 110-335; Ord. No. 1993-1, § 105-8.5, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit (density): 2,000 square feet.

c.

Lot area per hotel/motel guestroom or suite: 1,000 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 1,000 square feet.

(2)

Minimum lot width: 50 feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet, and shall be no more than five stories; except between Philadelphia Avenue and Edgewater Avenue from 4th Street to 13th Street. Between Philadelphia Avenue and St. Louis Avenue from 13th Street to 14th Street, between Philadelphia Avenue and Jacqueline Avenue from 14th Street to 15th Street shall be no more than 35 feet and shall be no more than three stories.

(Code 1999, § 110-336; Ord. No. 1993-1, § 105-8.6, 1-19-1993; Ord. No. 2007-13, 6-4-2007; Ord. No. 2009-5, 4-20-2009)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-337; Ord. No. 1993-1, § 105-8.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-338; Ord. No. 1993-1, § 105-8.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-339; Ord. No. 1993-1, § 105-8.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-340; Ord. No. 1993-1, § 105-8.10, 1-19-1993)

The purpose of this district is to provide generally low- and mid-rise multiple-family residential development at moderate densities, as well as a number of commercial services, with building height limited to five stories. This district is either oceanblock areas east of substantial bayside development or an intervening area between the oceanblock and Coastal Highway.

(Code 1999, § 110-361; Ord. No. 1993-1, § 105-9.1, 1-19-1993)

A building or land in the R-3A moderate residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district and the R-2 medium residential district.

(2)

Banks, building and loan associations and trust companies.

(3)

Offices, business and professional, including, but not limited to, physicians, dentists, lawyers, engineers, architects, accountants, salesman, real estate agents, insurance agents or other similar occupations.

(4)

Off-street parking lots and garages (commercial) for passenger automobiles and trucks up to three-fourths ton only, constructed in accordance with the design standards of section 110-935.

(5)

Private clubs.

(Code 1999, § 110-362; Ord. No. 1993-1, § 105-9.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Any use permitted by special exception in the R-1 single-family residential district and the R-2 medium residential district shall be permitted by special exception within the R-3A moderate residential district.

(2)

Indoor/outdoor bicycle rental.

(3)

Outdoor display of merchandise exception which is clearly incidental to on-premises use for exhibit only for a period of three years in accordance with section 110-94(5) with the exception of properties having frontage on Atlantic Avenue (boardwalk) shall be regulated in accordance with section 110-884 and properties being located in the downtown overlay and upper downtown overlay zone districts shall be regulated in accordance with section 110-885.

(Code 1999, § 110-363; Ord. No. 1993-1, § 105-9.3, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2000-1, 2-7-2000; Ord. No. 2009-7, 5-4-2009; Ord. No. 2009-29, 1-4-2010)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Any use permitted by conditional use in the R-1 single-family residential district and the R-2 medium residential district, except farmers' markets, shall be permitted by conditional use within the R-3A moderate residential district.

(2)

Manicurist, as defined and licensed by the state board of cosmetology, as a home occupation.

(Code 1999, § 110-364; Ord. No. 1993-1, § 105-9.4, 1-19-1993; Ord. No. 2022-13, 6-6-2022)

The following accessory uses shall be permitted in the R-3A moderate residential district subject to the provisions of article V, division 2, of this chapter:

Any accessory use permitted in the R-1 single-family residential district and R-2 medium residential district shall be permitted as an accessory use within the R-3A moderate residential district.

(Code 1999, § 110-365; Ord. No. 1993-1, § 105-9.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit (density): 1,450 square feet.

c.

Lot area per hotel/motel guestroom or suite: 1,000 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 1,000 square feet.

(2)

Minimum lot width: 50 feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet, and shall be no more than five stories; except between Baltimore Avenue and Philadelphia Avenue from 3rd Street to 15th Street shall be no more than 35 feet, and shall be no more than three stories.

(Code 1999, § 110-366; Ord. No. 1993-1, § 105-9.6, 1-19-1993; Ord. No. 2007-13, 6-4-2007)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-367; Ord. No. 1993-1, § 105-9.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-368; Ord. No. 1993-1, § 105-9.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-369; Ord. No. 1993-1, § 105-9.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-370; Ord. No. 1993-1, § 105-9.10, 1-19-1993)

The purpose of this district is to encourage a durable and attractive vacation-living environment which includes variety in housing types at relatively high densities, and new development of buildings over five stories in height subject to special regulations, as well as a number of commercial services.

(Code 1999, § 110-391; Ord. No. 1993-1, § 105-10.1, 1-19-1993)

A building or land in the R-3 general residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-1 single-family residential district or the R-2 medium residential district.

(2)

Banks, building and loan associations and trust companies.

(3)

Offices, business and professional, including, but not limited to, physicians, dentists, lawyers, engineers, architects, accountants, salesmen, real estate agents, insurance agents or other similar occupations.

(4)

Off-street parking lots and garages (commercial) for passenger automobiles and trucks up to three-fourths ton only, constructed in accordance with the design standards of section 110-935.

(5)

Private clubs.

(Code 1999, § 110-392; Ord. No. 1993-1, § 105-10.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Any use permitted by special exception in the R-1 single-family residential district; the R-2 medium residential district; and the R-3A moderate residential district shall be permitted by special exception within the R-3 general residential district.

(2)

Indoor/outdoor bicycle rental.

(3)

A special exception in the districts where special building height is permitted to allow up to a ten percent reduction from the minimum 40,000 square feet parcel size required under the special height and yard regulations of section 110-903.

(Code 1999, § 110-393; Ord. No. 1993-1, § 105-10.3, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2009-7, 5-4-2009)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Any use permitted by conditional use in the R-1 single-family residential district and the R-2 medium residential district, except farmers' markets, shall be permitted by conditional use within the R-3 general residential district, except those uses which appear as either a permitted use or accessory use within the R-3 general residential district.

(2)

Manicurist, as defined and licensed by the state board of cosmetology, as a home occupation.

(3)

Canopies covering outdoor dining areas along Atlantic Avenue (boardwalk) with a front setback requirement of 32 feet, without requiring additional off-street parking, provided that:

a.

Canopies are constructed of a fire-retardant canvas or other nonrigid material, covering only the top of the eating areas, and which are easily retracted or removed.

b.

Canopies do not contain advertising, promotion or name recognition.

c.

Canopies are sufficiently set back from all property lines so as not to drain directly onto adjacent property, including public areas.

d.

No permanent structures nor live entertainment are located beneath the canopies.

e.

Canopies are subject to the imposition of conditions relating to the following:

1.

Amount, direction and location of outdoor lighting.

2.

Construction materials.

3.

Connection or disconnection with buildings.

4.

Time of day or night for operation of use.

5.

Such other conditions that are necessary for the public health, safety and general welfare and the protection of neighboring properties.

(4)

Employee housing, accessory and non-accessory housing 17 or greater residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-394; Ord. No. 1993-1, § 105-10.4, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2022-13, 6-6-2022; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the R-3 general residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Any accessory use permitted in the R-1 single-family residential district and R-2 medium residential district.

(2)

Outdoor public telephones in accordance with section 110-905.

(3)

Dining room or restaurant facilities within a building containing 50 or more dwelling units or guestrooms.

(4)

Retail and service facilities within a building containing 50 or more dwelling units or guestrooms. Such facilities may include barbershops, beauty shops, newsstands, cocktail lounges, valet service, travel service, automobile rental offices and retail stores for wearing apparel, beach supplies, books, cosmetics, gifts, flowers, beverages, packaged fruits, tobacco, drugs and sundries. All such accessory uses must be located within the main building and shall be accessible only through an interior lobby or corridor, with the exception of required outside fire and emergency exits.

(5)

Bicycle rental for the convenience of occupants of a building or group of buildings.

(6)

Outdoor display of merchandise which is clearly incidental to on-premises use for properties having frontage on Atlantic Avenue (boardwalk) in accordance with section 110-884 and properties located in the downtown overlay and upper downtown overlay zone districts in accordance with section 110-885.

(Code 1999, § 110-395; Ord. No. 1993-1, § 105-10.5, 1-19-1993; Ord. No. 2009-7, 5-4-2009; Ord. No. 2009-29, 1-4-2010)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

10,001—14,500 square feet: Maximum eight units.

Thereafter, one dwelling unit per 1,000 square feet of lot area above the single lot requirement.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet, except the body of every building shall be at all points at least 32 feet from the west side of Atlantic Avenue (boardwalk). The porch lines of every building shall at all points be at least 20 feet from the west side of Atlantic Avenue (boardwalk).

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet and shall be no more than five stories, except as otherwise provided under special height and yard regulations per section 110-903 for buildings taller than five stories.

(Code 1999, § 110-396; Ord. No. 1993-1, § 105-10.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-397; Ord. No. 1993-1, § 105-10.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-398; Ord. No. 1993-1, § 105-10.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-399; Ord. No. 1993-1, § 105-10.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-400; Ord. No. 1993-1, § 105-10.10, 1-19-1993)

The purpose of this district is to provide for well-designed mobile home parks or subdivisions and to establish basic standards which will determine the character of this land use and its effect on surrounding properties.

(Code 1999, § 110-421; Ord. No. 1993-1, § 105-11.1, 1-19-1993)

A building or land in the MH mobile home residential district shall be used only for the following purposes:

(1)

Mobile home parks, in accordance with the following standards:

a.

The mobile home park shall comply with all sanitary and other requirements prescribed by law or regulation.

b.

Access to the mobile home park shall be from a major thoroughfare; the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; no mobile home site shall be designed for direct access to a street outside the boundaries of the mobile home park; and the interior access drives shall be properly lighted and at least 50 feet in width, hard-surfaced and maintained at least 20 feet in width in accordance with applicable Ocean City specifications and ordinances.

c.

The topography of the site shall be such as to facilitate adequate drainage.

d.

The minimum width and/or depth of the mobile home park shall be 200 feet and the minimum total area of the mobile home park shall be five acres, including one-half the width of bordering streets, except that the minimum area may be two acres where the proposed park is to be located adjacent to an existing mobile home park containing an area of five acres or more.

e.

The minimum area for a mobile home site for parking one mobile home shall be 4,800 square feet, with no dimension less than 40 feet and with corners of each site visibly marked and numbered by a permanent marker. No more than one mobile home shall be parked on any mobile home site.

f.

In addition to the requirement of subsection (1)e of this section, an open space accessible to all mobile home occupants and suitable for use as a recreational land area shall be provided within the mobile home park at a ratio of 200 square feet of recreational area per mobile home site.

g.

All utility lines shall be underground, including electrical wiring or telephone lines.

h.

The mobile home park shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage of an arterial street or major highway, and 25 feet wide along all other lot lines or street frontage, except along water frontage. A screening fence or hedge at least five feet in height shall be maintained along each external street frontage.

i.

There shall not be a distance less than ten feet between the sides of any two mobile homes or extensions thereof nor shall any part of the mobile home extend closer than five feet to the boundaries of the individual mobile home site or exceed 15 feet in height.

j.

No existing mobile home park shall be enlarged or extended unless the entire park is made to conform substantially to all requirements for a new mobile home park.

(2)

Mobile home developments including detached single-family manufactured buildings (mobile home); detached single-family industrialized buildings (modular home); and detached single-family custom built buildings (stick-built), subject to the same height, area, bulk and other requirements set forth for mobile homes.

(3)

The area above the maximum building height under a sloped roof not exceeding a 9/12 roof pitch may be used for habitation subject to dormers not exceeding the ridge line of the main building and in compliance with all applicable provisions of the Codes.

(Code 1999, § 110-422; Ord. No. 1993-1, § 105-11.2, 1-19-1993; Ord. No. 2005-26, 9-6-2005; Ord. No. 2010-26, 9-20-2010; Ord. No. 2016-02, 3-7-2016; Ord. No. 2023-21, 1-16-2024)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the R-1 single-family residential district shall be permitted by special exception within the MH mobile home residential district.

(Code 1999, § 110-423; Ord. No. 1993-1, § 105-11.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter: Any use permitted by conditional use in the R-1 single-family residential district shall be permitted by conditional use within the MH mobile home residential district.

(Code 1999, § 110-424; Ord. No. 1993-1, § 105-11.4, 1-19-1993)

The following accessory uses shall be permitted in the MH mobile home residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Any accessory use permitted in the R-1 single-family residential district.

(2)

On subdivided mobile home lots, an accessory storage structure within required side yard setbacks not to exceed 100 square feet provided a minimum five-foot setback is maintained from lot lines.

(3)

For the mobile home park: management headquarters, recreational facilities, community buildings, toilets, showers, coin-operated laundry facilities and vending machines, and other uses and structures customarily incidental to the operation of a mobile home park.

(Code 1999, § 110-425; Ord. No. 1993-1, § 105-11.5, 1-19-1993)

Bulk regulations for MH mobile home subdivisions are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area: 4,800 square feet.

(2)

Minimum lot width: 40 feet.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: 15 feet.

(5)

Minimum width of side yard: The two side yards shall total a sum of 15 feet with no side yard being less than five feet.

(6)

Minimum depth of rear yard: Five feet.

(7)

Maximum building height: 15 feet.

(Code 1999, § 110-426; Ord. No. 1993-1, § 105-11.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-427; Ord. No. 1993-1, § 105-11.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-428; Ord. No. 1993-1, § 105-11.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-429; Ord. No. 1993-1, § 105-11.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-430; Ord. No. 1993-1, § 105-11.10, 1-19-1993)

The purpose of this district is to provide for and to preserve waterfront land in appropriate locations for commercial docking, waterfront sales and storage and minor repair of small boats. Marinas are to be encouraged. The district is intended for the less intensive commercial marine activities related to tourism, vacationers, sport fishing and pleasure boating. Intensive residential use is permitted, to encourage construction of on-shore living accommodations for boating enthusiasts.

(Code 1999, § 110-451; Ord. No. 1993-1, § 105-12.1, 1-19-1993)

A building or land or water area in the BM-1 bayside marine district shall be used only for the following purposes. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, except as otherwise provided in this chapter.

(1)

Any use permitted in the R-3 general residential district.

(2)

Boat docks, slips, piers, wharves, anchorages and moorages for yachts and pleasure boats or for boats for hire carrying passengers on excursions, sightseeing, pleasure or fishing trips.

(3)

Boat sales or rentals, boat liveries and boats for hire, including out-of-water storage of new boats.

(4)

Boat storage, minor repair or painting, including sale of boats and boat parts or accessories, provided that out-of-water work or storage shall be limited to boats 100 feet or less in length and, provided that any out-of-water work or storage shall be located at least 100 feet from any residential district.

(5)

Boat and marine motor services and minor repair while boats are in the water, no restrictions on length.

(6)

Boat and marine engine sales and display, yacht broker, marine insurance broker.

(7)

Boat fuel sales for pleasure boats, provided aboveground storage does not exceed 2,000 gallons.

(8)

Hotels, motels or motor lodges.

(9)

Self-service laundromats.

(10)

Marinas.

(11)

Piers for fishing.

(12)

Retail stores for the sale or rental of boating, fishing, hunting, diving and bathing supplies and equipment, or clothing, groceries and fish bait, such stores to be associated with a marina and primarily for sales to occupants of the marina.

(13)

Restaurants, and restaurants with cocktail lounges.

(14)

Marine or oceanographic laboratories or experimental stations.

(15)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(16)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-452; Ord. No. 1993-1, § 105-12.2, 1-19-1993; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the R-3 general residential district shall be permitted by special exception within the BM-1 bayside marine district.

(Code 1999, § 110-453; Ord. No. 1993-1, § 105-12.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Any use permitted by conditional use in the R-3 general residential district.

(2)

Rental of small displacement vehicles pursuant to the provisions of chapter 14, article IX.

(3)

Amusement arcades that shall not interfere with or adversely affect current and anticipated marina operations in any way and will cause no loss of water-related activities.

(4)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-454; Ord. No. 1993-1, § 105-12.4, 1-19-1993; Ord. No. 2012-17, 5-7-2012; Ord. No. 2018-08, 7-16-2018; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the BM-1 bayside marine district. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, subject to the provisions of article V, division 2, of this chapter:

(1)

Any accessory use permitted in the R-3 general residential district.

(2)

The storage of incidental supplies normally carried in stock in connection with a permitted use, subject to applicable district regulations.

(3)

Marine sewage pump-out stations.

(Code 1999, § 110-455; Ord. No. 1993-1, § 105-12.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1) b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet lot of area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Residential dwellings:

1.

Five feet for one-, two- or three-story buildings.

2.

Ten feet for four- or five-story buildings.

3.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Other buildings:

1.

Five feet for one-, two- or three-story buildings.

2.

Ten feet for four- or five-story buildings.

3.

There shall be a side yard not less than 20 feet in width on the side of a lot adjoining an R-1 single-family residential district.

(6)

Minimum depth of rear yard:

a.

Residential dwellings: Ten feet.

b.

Other buildings: Ten feet, except there shall be a rear yard not less than 25 feet in depth on the rear side of a lot adjoining an R-1 single-family residential district.

(7)

Maximum building height: Shall be no more than 50 feet, and shall be no more than five stories.

(Code 1999, § 110-456; Ord. No. 1993-1, § 105-12.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-457; Ord. No. 1993-1, § 105-12.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-458; Ord. No. 1993-1, § 105-12.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-459; Ord. No. 1993-1, § 105-12.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-460; Ord. No. 1993-1, § 105-12.10, 1-19-1993)

The purpose of this district is to provide for and to preserve waterfront land in appropriate locations for commercial docking, waterfront sales and storage and minor repair of small boats. Marinas are to be encouraged. The district is intended for the less intensive commercial marine activities related to tourism, vacationers, sport fishing and pleasure boating. Intensive residential use is permitted to encourage construction of on-shore living accommodations for boating enthusiasts.

(Code 1999, § 110-481; Ord. No. 2002-28, 11-18-2002)

A building or land in the DM downtown marine district shall be used only for the following purposes:

(1)

Boat docks, piers and anchorages.

(2)

Boat sales, rentals and for hire.

(3)

Boat and marine minor repair while boats are in the water.

(4)

Commercial parking lots and parking garages (three-fourths ton maximum).

(5)

Detached single-family dwellings.

(6)

Employee housing on site.

(7)

Fishing piers.

(8)

Government offices, services, and public safety facilities.

(9)

Hotels, motels, motor lodges, roominghouses, boardinghouses and lodginghouses.

(10)

Marina, wet slips.

(11)

Marine supplies and fuel, retail only.

(12)

Multiple-family residential/townhouses dwelling units.

(13)

Museum.

(14)

Nautical shops, retail trade only.

(15)

Restaurants, cocktail lounges, taverns, outdoor cafe dining.

(16)

Seafood market, indoor.

(17)

Water-related recreational activities.

(18)

Art shops and galleries.

(19)

Bakeries, retail only.

(20)

Bicycle sales, rentals, repairs and service (indoor and outdoor).

(21)

Camera and photographic supply stores.

(22)

Candy shops.

(23)

Catering services.

(24)

Clothing, clothing accessory, wearing apparel store.

(25)

Convenience/carryout food store.

(26)

Delicatessen business.

(26.1)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(26.2)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(27)

Food and beverage stores.

(28)

Gift shops.

(29)

Hardware stores.

(30)

Laundromats, self-service only.

(31)

Offices including business, professional, medical and dental.

(32)

Optical sales and services.

(33)

Physical therapy, health services and fitness centers.

(34)

Shoe sales and repair.

(35)

Sporting goods stores.

(36)

Studios for artists, photographers, teachers, sculptors and musicians.

(37)

Tobacco shops.

(38)

Travel agencies.

(Code 1999, § 110-482; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Arts, crafts and entertainment activities, incidental to the primary use of the premises, within the front yard.

(2)

Clubs and lodges (nonprofit), not on first floor.

(3)

Cultural institutions, marine oriented.

(4)

Day care.

(5)

Determination by board of zoning appeals of uses not specified within regulations as a similar use.

(6)

Meeting halls, not on first floor.

(7)

Reserved.

(8)

Parking and loading, area reduction to design standards only, as specified in section 110-94(2).

(9)

Radio, television broadcasting station.

(10)

Seafood market, outdoor.

(11)

Special building moving as specified in section 110-94(4).

(12)

Special yard exceptions as specified in section 110-94(3).

(13)

Special parking exception as provided in section 110-94(2).

(14)

Temporary tents and promotional activities.

(Code 1999, § 110-483; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Aquariums.

(2)

Nightclubs.

(3)

Utility, private and public other than essential services.

(4)

Small wind energy systems pursuant to the provisions of section 110-883.

(5)

Nightclubs in hotels and motels with more than 50 units.

(6)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-484; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009; Ord. No. 2014-20, 6-16-2014; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the DM downtown marine district subject to the provisions of article V, division 2, of this chapter:

(1)

Customary accessory structures incidental to permitted uses.

(2)

Entertainment; indoor and outdoor.

(3)

Essential services.

(4)

Family day care.

(5)

Home occupation in accordance with section 110-908.

(6)

Public telephones in accordance with section 110-905(k)(4).

(7)

Temporary construction buildings and structures.

(8)

Vending machines. Vending machines are permitted subject to the following regulations:

a.

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the downtown design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

b.

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area before June 1, 2003, shall be permitted. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

c.

These restrictions shall not apply to that portion of any property, which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding upon and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection 110-885.

(9)

Outdoor display of merchandise which is clearly incidental to on-premises use for properties located in the downtown overlay zone district in accordance with section 110-885.

(Code 1999, § 110-485; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

e.

No lot area per unit required for on-site employee housing units.

(2)

Minimum lot width: 50 feet; except subdivided townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet; and shall be no more than five stories.

(Code 1999, § 110-486; Ord. No. 2002-28, 11-18-2002)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations.

(Code 1999, § 110-487; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-488; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-489; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-490; Ord. No. 2002-28, 11-18-2002)

The purpose of this district is to provide primarily for retail shopping, personal service uses, and recreational activities to meet the daily needs of residents and vacationers and to provide sufficient space in appropriate locations by conditional use to permit a variety of commercial and miscellaneous amusement and service activities which are considered to be of a more intensified use or which might adversely impact neighboring properties. To enhance the general character of the district and its compatibility with its residential surroundings, signs are limited to those accessory to business conducted on the premises and authorized directional signs.

(Code 1999, § 110-511; Ord. No. 1993-1, § 105-14.1, 1-19-1993)

A building or land in the LC-1 local commercial district shall be used only for the following purposes, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products and produce. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, except as otherwise provided in this chapter.

(1)

Any use permitted in the R-3 general residential district.

(2)

Individual business and neighborhood shopping centers, not to exceed 40,000 square feet in gross floor area, including:

a.

Bakeries, provided that all products produced on the premises shall be sold at retail on the premises.

b.

Barbershops or beauty salons.

c.

Bicycle sales, indoor/outdoor rental, and repair shops.

d.

Bowling alleys.

e.

Billiard parlors.

f.

Catering or delicatessen businesses.

g.

Day care facility.

h.

Self-service laundromats.

i.

Flower shops.

j.

Restaurants, cocktail lounges, taverns or nightclubs, including outdoor cafe dining.

k.

Shoe repair shops.

l.

Shops for sale, service or repair of home appliances, office machines and electrical, television and radio equipment.

m.

Stores or shops for the conduct of a retail business, including the sale of accessories, antiques, appliances, beverages, carpets, drugs, fabrics, food, furniture, hardware, garden supplies, hobby supplies, office supplies, paint, sporting goods, stationary and similar stores and shops.

n.

Studios for artists, photographers, teachers, sculptors or musicians.

o.

Sexually oriented businesses, provided that:

i.

There shall be a separation of at least 600 feet, measured from the property line of the facilities identified below that exist on the date of the adoption of the ordinance from which this article is derived, to the nearest point of the sexually oriented business.

A.

A church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

B.

A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

C.

A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, public swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, skateboard park, or other similar public land within the city which is under the control, operation, or management of the city's recreation and parks department.

D.

An entertainment business which is oriented primarily towards children or family entertainment, including, but not limited to, miniature golf courses, amusement arcades, amusement parks, movie theaters, and bowling alleys.

E.

A dry nightclub.

F.

A public oceanfront (Atlantic Avenue) or bayside boardwalk.

G.

A public beach.

ii.

There shall be a separation of at least 600 feet between any two sexually oriented businesses, measured from the nearest points of each business.

iii.

There shall be a separation of at least 300 feet between any sexually oriented business and any dwelling, including mobile homes and manufactured housing, measured from the property line of the residence to the nearest point of the sexually oriented business.

iv.

The hours of operation shall not exceed 10:00 a.m. to 12:00 midnight, with the exception of adult motels, which may operate at all hours.

v.

Patrons shall not be younger than 18 years of age.

vi.

The business must take place completely inside an enclosed building.

vii.

There shall be no outside amplification of any sound.

viii.

There shall be no outside hawking, soliciting of customers, electronic displays, or dissemination of promotional materials.

ix.

There shall be no activity outside the building other than customer parking, ingress and egress.

x.

Signs shall be regulated by chapter 66, with the additional requirement that signs shall not display sexually explicit images or messages.

xi.

Window displays visible from the outside shall not include sexually explicit materials, products, displays or messages.

xii.

A valid business license must be obtained prior to operating the business. Conduct of the business is subject to all regulations of the business license.

(3)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(4)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-512; Ord. No. 1993-1, § 105-14.2, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2008-2, 2-19-2008; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Any use permitted by special exception in the R-3 general residential district shall be permitted by special exception within the LC-1 local commercial district, except those uses which appear as either a permitted use or accessory use within the LC-1 local commercial district.

(2)

Convalescent homes, nursing homes or homes for the aged.

(Code 1999, § 110-513; Ord. No. 1993-1, § 105-14.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Any use permitted by conditional use in the R-3 general residential district shall be permitted by conditional use within the LC-1 local commercial district, except those uses which appear as either a permitted use or accessory use within the LC-1 local commercial district.

(2)

Aquarium, commercial.

(3)

Motion picture theaters.

(4)

Bus terminals, commercial bus parking lots, taxicab dispatching areas.

(5)

Automobile or truck rentals not to exceed one ton's capacity.

(6)

Bakeries, wholesale.

(7)

Candy manufacture.

(8)

Miniature golf course.

(9)

Amusement arcade.

(10)

Water-related recreational activity.

(11)

Building material stores and lumberyards.

(12)

Trailer or mobile home sales.

(13)

Wholesale establishments.

(14)

Ice manufacture, including dry ice.

(15)

Plumbing and heating supplies and shops and general service and repair establishments.

(16)

Sign fabrication and painting shop.

(17)

Dry cleaning or pressing shops.

(18)

Carwashes or automobile laundries, automatic or otherwise, provided space for not less than ten vehicles for each washing lane of an employee-operated facility is reserved on the premises.

(19)

Printing establishments.

(20)

Automobile filling stations and automobile service stations.

(21)

Marinas, provided that:

a.

The marina complies with all other applicable governmental regulations.

b.

The marina is properly located with respect to access roads and existing and future developed areas.

c.

The proposed design provides safety features for fueling points, fuel storage, effect on navigation and prevention from water pollution.

(22)

The mayor and city council of Ocean City may approve a use not specifically named in these regulations, provided, however, that such use shall be in keeping with uses specifically permitted in the LC-1 district.

(23)

Dry nightclubs, provided that:

a.

There shall be a separation of at least 1,500 feet between dry nightclubs, and also between dry nightclubs and establishments with class D licenses as issued by the county board of license commissioners.

b.

The initial conditional use granted to an applicant shall be for a period not to exceed one year. Subsequent conditional uses may be granted for a longer period provided an acceptable performance record has been established.

c.

The hours of operation (admissions and sales) shall be from 4:00 p.m. to 12:45 a.m. of the following day, with all patrons off the premises by 1:00 a.m. for minor dry nightclubs and the hours of operation (admissions and sales) shall be from 4:00 p.m. to 2:00 a.m. of the following day, with all patrons off the premises by 2:30 a.m. for adult dry nightclubs.

d.

Patrons shall be at least 15 years old and younger than 21 years old for minor dry nightclubs and 21 and older for adult dry nightclubs.

e.

There shall be a minimum of two interior security personnel at least 18 years of age on duty during all hours the club is open. If the capacity of the club exceeds 200 persons, one additional security person shall be required for each 50 persons over 200. The function of the security personnel shall be only security; they shall not perform other jobs such as dishwashers, bartenders, doorkeepers, etc., while customers are in the building. Security personnel shall be attired in a manner to be clearly identifiable as security personnel.

f.

The business must take place completely inside an enclosed building.

g.

The building must be completely enclosed and soundproofed.

h.

There shall be no outside amplification of any sound.

i.

There shall be no outside hawking, soliciting of customers, electronic displays, or dissemination of promotional materials.

j.

There shall be no activity outside the building other than customer parking, ingress and egress. Patrons are not permitted to congregate in the parking lot or other exterior portions of the premises, except in line to enter the building.

k.

Application requirements.

1.

If the applicant is a corporation, partnership or joint venture, each stockholder, partner or person affiliated with the corporation, partnership or joint venture shall be identified on the application. The application shall include the address and telephone number of each such person. The name, address and telephone number of the manager or other person principally in charge of the operation shall also be included on the application.

2.

All applicants shall be at least 21 years of age.

3.

The following documentation must be submitted with the conditional use and license applications:

a)

A letter from the Ocean City Chief of Police stating whether any of the applicants have, in the past five years, been convicted of any felony or misdemeanor;

b)

A letter from the Ocean City Fire Marshal stating that the application meets all applicable fire code regulations, reporting whether the applicant or club has violated any fire code provisions in previous operations, and stating the allowed capacity of the club;

c)

A letter from the Ocean City License Inspector reporting whether the applicant or club has violated the terms of any Ocean City business license in the past year;

d)

A letter from the Ocean City Zoning Administrator reporting whether the applicant or club has had any violations of the zoning ordinance or previous conditional use agreements.

4.

Any fraudulent, misleading or false statements contained in the application or made during the conditional use approval process shall be grounds for denial of the conditional use request and issuance of a business license.

l.

Conduct within the establishment. All rules of conduct contained in chapter 14 shall apply. A valid business license is a requirement of the conditional use.

(24)

Rental of small displacement vehicles pursuant to the provisions of chapter 14, article IX.

(25)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-514; Ord. No. 1993-1, § 105-14.4, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 1995-4, 4-17-1995; Ord. No. 2001-23, 12-3-2001; Ord. No. 2012-17, 5-7-2012; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the LC-1 local commercial district, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, subject to the provisions of article V, division 2, of this chapter.

(1)

Any accessory use permitted in the R-3 general residential district, except those uses which appear as either a permitted use or accessory use within the LC-1 local commercial district.

(2)

The storage of incidental supplies normally carried in stock in connection with a permitted office or business use, subject to applicable district regulations.

(3)

Machine and welding shop, food packaging, or product fabrication incidental to an on-site permitted use.

(Code 1999, § 110-515; Ord. No. 1993-1, § 105-14.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Residential dwellings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Other buildings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

There shall be a side yard not less than 20 feet in width on the side of a lot adjoining an R-1 single-family residential district.

(6)

Minimum depth of rear yard:

a.

Residential dwellings: Ten feet.

b.

Other buildings: Ten feet, except there shall be a rear yard not less than 25 feet in depth on the rear side of a lot adjoining an R-1 single-family residential district.

(7)

Maximum building height: Shall be no more than 50 feet and shall be no more than five stories.

(Code 1999, § 110-516; Ord. No. 1993-1, § 105-14.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-517; Ord. No. 1993-1, § 105-14.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-518; Ord. No. 1993-1, § 105-14.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-519; Ord. No. 1993-1, § 105-14.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-520; Ord. No. 1993-1, § 105-14.10, 1-19-1993)

The purpose of this district is to recognize existing major community-scale shopping centers and to permit other community-scale shopping centers at appropriate locations which are well-planned, larger scale commercial developments which offer a more attractive, efficient and safer shopping environment. The procedures and standards in this division are intended to permit, after review and approval by the planning commission, diversification in the size, type and location of structures within the community-scale shopping center.

(Code 1999, § 110-541; Ord. No. 1993-1, § 105-15.1, 1-19-1993)

A building or land in the SC-1 shopping center district shall be used only for the following purposes, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, except as otherwise provided in this chapter.

(1)

Any use permitted in the LC-1 local commercial district.

(2)

Community-scale shopping centers.

(Code 1999, § 110-542; Ord. No. 1993-1, § 105-15.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the LC-1 local commercial district shall be permitted by special exception within the SC-1 shopping center district.

(Code 1999, § 110-543; Ord. No. 1993-1, § 105-15.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter: Any use permitted by conditional use in the LC-1 local commercial district shall be permitted by conditional use within the SC-1 shopping center district, except those uses which appear either as a permitted use or accessory use within the SC-1 shopping center district.

(Code 1999, § 110-544; Ord. No. 1993-1, § 105-15.4, 1-19-1993)

Any accessory use permitted in the LC-1 local commercial district shall be permitted in the SC-1 shopping center district, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, subject to the provisions of article V, division 2, of this chapter.

(Code 1999, § 110-545; Ord. No. 1993-1, § 105-15.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Residential dwellings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Other buildings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

There shall be a side yard not less than 20 feet in width on the side of a lot adjoining an R-1 single-family residential district.

(6)

Minimum depth of rear yard:

a.

Residential dwellings: Ten feet.

b.

Other buildings: Ten feet, except there shall be a rear yard not less than 25 feet in depth on the rear side of a lot adjoining an R-1 single-family residential district.

(7)

Maximum building height: Shall be no more than 50 feet, and shall be no more than five stories.

(Code 1999, § 110-546; Ord. No. 1993-1, § 105-15.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-547; Ord. No. 1993-1, § 105-15.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-548; Ord. No. 1993-1, § 105-15.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-549; Ord. No. 1993-1, § 105-15.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-550; Ord. No. 1993-1, § 105-15.10, 1-19-1993)

The purpose of this district is to recognize existing large bayside parcels, essentially undeveloped with permanent structures, that are suitable for large-scale commercial or mixed use development which offer the opportunity for more attractive, well-planned, efficient and diversified comprehensive development. The procedures and standards in this division are intended to permit, after review and approval by the planning commission, diversification in the size, type and location of structures within a community-scale development.

(Code 1999, § 110-571; Ord. No. 1993-1, § 105-15A.1, 1-19-1993)

A building or land in the BMUD bayside mixed use district shall be used only for the following purposes, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products:

(1)

Any use permitted in the SC-1 shopping center district.

(2)

Any use permitted in the LC-1 local commercial district.

(3)

Any use permitted in the BM-1 bayside marine district.

(4)

Community-scale shopping centers.

(Code 1999, § 110-572; Ord. No. 1993-1, § 105-15A.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the SC-1 shopping center, LC-1 local commercial and BM bayside marine districts shall be permitted by special exception within the BMUD bayside mixed use district.

(Code 1999, § 110-573; Ord. No. 1993-1, § 105-15A.3, 1-19-1993)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter: Any use permitted by conditional use in the SC-1 shopping center, LC-1 local commercial and BM bayside marine districts shall be permitted by conditional use within the BMUD bayside mixed use district.

(Code 1999, § 110-574; Ord. No. 1993-1, § 105-15A.4, 1-19-1993)

Any accessory use permitted in the SC-1 shopping center, LC-1 local commercial, or BM bayside marine district shall be permitted in the BMUD bayside mixed use district, provided all business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas, and the sale of nursery products. Storage shall be within completely enclosed buildings or screened on all sides from adjacent properties and public road rights-of-way by a solid wall, fence or dense landscaping, subject to the provisions of article V, division 2, of this chapter.

(Code 1999, § 110-575; Ord. No. 1993-1, § 105-15A.5, 1-19-1993)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Residential dwellings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Other buildings:

1.

Five feet for one-, two- or three-story buildings. Ten feet for four- or five-story buildings.

2.

There shall be a side yard not less than 20 feet in width on the side of a lot adjoining an R-1 single-family residential district.

(6)

Minimum depth of rear yard:

a.

Residential dwellings: Ten feet.

b.

Other buildings: Ten feet, except there shall be a rear yard not less than 25 feet in depth on the rear side of a lot adjoining an R-1 single-family residential district.

(7)

Maximum building height: Shall be no more than 50 feet, and shall be no more than five stories, except on tracts containing ten acres or more land area may be as otherwise provided under special height and yard regulations per section 110-903 for buildings taller than five stories.

(Code 1999, § 110-576; Ord. No. 1993-1, § 105-15A.6, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-577; Ord. No. 1993-1, § 105-15A.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-578; Ord. No. 1993-1, § 105-15A.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-579; Ord. No. 1993-1, § 105-15A.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-580; Ord. No. 1993-1, § 105-15A.10, 1-19-1993)

The purpose of this district is to provide for an area of commercial uses whose clientele is almost exclusively pedestrians. Special design criteria and parking requirements are appropriate for this district. Residential development is to continue at relatively high intensity.

(Code 1999, § 110-601; Ord. No. 2002-28, 11-18-2002)

A building or land in the B-1 boardwalk commercial district shall be used only for the following purposes:

(1)

Amusement games.

(2)

Antique shops.

(3)

Art shops and galleries.

(4)

Art and school supply stores.

(5)

Bakeries, retail only.

(6)

Banks and financial institutions.

(7)

Barbershops and beauty parlors.

(8)

Bicycle sales, rentals, repairs and service.

(9)

Billiard parlors.

(10)

Photostating establishments, less than 2,000 square feet.

(11)

Camera and photographic supply stores.

(12)

Candy shops.

(13)

China and glassware stores.

(14)

Clothing, clothing accessory, wearing apparel stores.

(15)

Coin and philatelic stores.

(16)

Commercial parking lots (three-fourths ton maximum).

(17)

Confectionary manufacturing as part of retail operations and as secondary use.

(18)

Convenience/carryout food store.

(19)

Cultural institutions.

(20)

Delicatessen business.

(21)

Detached single-family dwellings and townhouses.

(22)

Drug stores.

(23)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(23.1)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(24)

Florist shops.

(25)

Food and beverage stores.

(26)

General retail.

(27)

Gift shops.

(28)

Government offices, services, and public safety facilities.

(29)

Hardware stores.

(30)

Hobby shops for retail sales of items assembled off the premises.

(31)

Hotels, motels, motor lodges, roominghouses, boardinghouses and lodginghouses.

(32)

Jewelry stores, including jewelry and watch repair.

(33)

Leather goods and luggage stores.

(34)

Multiple-family/townhouse residential dwelling units.

(35)

Museum.

(36)

Music stores/musical instrument sales, rentals, service.

(37)

Nautical shops, retail trade only.

(38)

Offices including business, professional, medical and dental.

(39)

Restaurants, cocktail lounges, taverns, outdoor cafe dining.

(40)

Seafood market, indoor.

(41)

Shoe sales and repairs.

(42)

Sporting goods stores.

(43)

Studios for artists, photographers, teachers, sculptors, and musicians.

(44)

Tailor shops.

(45)

Tobacco shops.

(46)

Toy stores.

(47)

Travel agencies.

(Code 1999, § 110-602; Ord. No. 2002-28, 11-18-2002; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Arts, crafts and entertainment activities incidental to the primary use of the premises, within the front yard.

(2)

Clubs and lodges (nonprofit), not on first floor.

(3)

Day care.

(4)

Determination by board of zoning appeals.

(5)

Meeting halls, not on first floor.

(6)

Reserved.

(7)

Radio, television broadcasting station.

(8)

Religious institutions.

(9)

Special building moving as specified in section 110-94(4).

(10)

Special yard exceptions as specified in section 110-94(3).

(11)

Special parking exception as provided in section 110-94(2).

(12)

Up to ten percent of lot area requirement for special height regulations per section 110-603(2).

(13)

Temporary tents and promotional activities.

(Code 1999, § 110-603; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-7, 5-4-2009; Ord. No. 2009-29, 1-4-2010)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Amusement arcades, more than five machines.

(2)

Aquariums.

(3)

Nightclubs.

(4)

Theaters and opera houses.

(5)

Utility, private and public.

(6)

Small wind energy systems pursuant to the provisions of section 110-883.

(7)

Rental of small displacement vehicles pursuant to the provisions of chapter 14, article IX.

(8)

Miniature golf.

(9)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-604; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009; Ord. No. 2012-17, 5-7-2012; Ord. No. 2022-19, 8-1-2022; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the B-1 boardwalk commercial district subject to the provisions of article V, division 2, of this chapter:

(1)

Catering services.

(2)

Construction buildings, temporary.

(3)

Customary accessory structures.

(4)

Entertainment: indoor and outdoor.

(5)

Essential services.

(6)

Family day care.

(7)

Home occupation.

(8)

Nightclubs in hotels and motels with more than 50 units.

(9)

Offices including business, professional, medical and dental.

(10)

Optical sales and services.

(11)

Public and private parking garages.

(12)

Public telephones.

(13)

Physical therapy, health services and fitness centers.

(14)

Vending machines. Vending machines are permitted subject to the following regulations:

a.

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the downtown design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

b.

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area before June 1, 2003, shall be permitted. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

c.

These restrictions shall not apply to that portion of any property which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding upon and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection (14)a of this section.

(15)

Outdoor display of merchandise which is clearly incidental to on-premises use having frontage on Atlantic Avenue (boardwalk) in accordance with section 110-884 and properties located in the downtown overlay and upper downtown overlay zone districts in accordance with section 110-885.

(Code 1999, § 110-605; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-7, 5-4-2009; Ord. No. 2009-29, 1-4-2010)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided into houses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: None required.

(5)

Minimum width of each side yard:

a.

No side yard required on lots abutting Baltimore Avenue south of North Division Street. In all other areas:

b.

Five feet for one-, two-or three-story buildings.

c.

Ten feet for four- or five story buildings.

d.

No side yard required on lots abutting the west side of Atlantic Avenue (boardwalk).

e.

Subdivided townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet; and shall be no more than five stories, except as otherwise provided under special height and yard regulations per section 110-903 for buildings taller than five stories.

(Code 1999, § 110-606; Ord. No. 2002-28, 11-18-2002)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-607; Ord. No. 2002-28, 11-18-2002)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-608; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-609; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-610; Ord. No. 2002-28, 11-18-2002)

The purpose of this district is to provide for an area of commercial uses whose clientele is almost exclusively pedestrians. Existing and future buildings are to be set back from the boardwalk to provide a transition between the BC-1 boardwalk commercial district and the R-3 general residential district along the boardwalk. Special design criteria and parking requirements are appropriate for this district. Residential development is to continue at relatively high intensity.

(Code 1999, § 110-631; Ord. No. 1993-1, § 105-16A.1, 1-19-1993)

A building or land in the BC-2 boardwalk commercial district shall be used only for the following purposes, provided all business shall be conducted wholly within the main building, except for outside display as authorized by the board of appeals: Any use permitted in the BC-1 boardwalk commercial district.

(Code 1999, § 110-632; Ord. No. 1993-1, § 105-16A.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94: Any use permitted by special exception in the BC-1 boardwalk commercial district shall be permitted by special exception within the BC-2 boardwalk commercial district.

(Code 1999, § 110-633; Ord. No. 1993-1, § 105-16A.3, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter: Any use permitted by conditional use in the BC-1 boardwalk commercial district, with the exception of dry nightclubs, shall be permitted by conditional use within the BC-2 boardwalk commercial district.

(Code 1999, § 110-634; Ord. No. 1993-1, § 105-16A.4, 1-19-1993; Ord. No. 2001-23, 12-3-2001)

Any accessory use permitted in the B-l boardwalk commercial district shall be permitted in the BC-2 boardwalk commercial district, provided all business shall be conducted wholly within the main building.

(Code 1999, § 110-635; Ord. No. 1993-1, § 105-16A.5, 1-19-1993; Ord. No. 2009-29, 1-4-2010)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet, except as follows:

a.

The body of every building shall at all points be at least 32 feet from the west side of Atlantic Avenue. The porch lines of every building shall at all points be at least 20 feet from the west side of Atlantic Avenue.

b.

The body of every building including the porch lines located 100 feet south of Ninth Street and 200 feet north of Ninth Street shall at all points be at least 20 feet from the west side of Atlantic Avenue.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

No side yard required on lots abutting the west side of Atlantic Avenue (boardwalk).

d.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

e.

A side yard 20 feet in width adjacent to the water line shall be provided on properties which abut the inlet and/or the Sinepuxent Bay.

(6)

Minimum depth of rear yard:

a.

Ten feet.

b.

A rear yard 20 feet in width adjacent to the water line shall be provided on properties which abut the inlet and/or the Sinepuxent Bay.

(7)

Maximum building height: Shall be no more than 50 feet and shall be no more than five stories, except as otherwise provided under special height and yard regulations per section 110-903 for buildings taller than five stories.

(Code 1999, § 110-636; Ord. No. 1993-1, § 105-16A.6, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter.

(Code 1999, § 110-637; Ord. No. 1993-1, § 105-16A.7, 1-19-1993)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-638; Ord. No. 1993-1, § 105-16A.8, 1-19-1993)

Landscape shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-639; Ord. No. 1993-1, § 105-16A.9, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-640; Ord. No. 1993-1, § 105-16A.10, 1-19-1993)

The purpose of this district is to create a mixed use, pedestrian-oriented area that encourages development and redevelopment characteristic of the oldest part of Ocean City. The area will allow for commercial and personal services that meet the daily needs of residents and visitors as well as sufficient public open space that encourages pedestrian circulation throughout the entire district. Special design and development criteria with high-density residential development are appropriate for this district.

(Code 1999, § 110-661; Ord. No. 2002-28, 11-18-2002)

A building or land in the DMX downtown mixed use district shall be used only for the following purposes:

(1)

Antique shops.

(2)

Art shops and galleries.

(3)

Art and school supply stores.

(4)

Bakeries, retail only.

(5)

Banks and financial institutions.

(6)

Barbershops and beauty parlors.

(7)

Bicycle sales, rentals, repairs and service.

(8)

Billiard parlors.

(9)

Photostating establishments, less than 2,000 square feet.

(10)

Camera and photographic supply stores.

(11)

Candy shops.

(12)

Confectionary manufacturing as part of retail operations and as secondary use.

(13)

China and glassware stores.

(14)

Clothing, clothing accessory, wearing apparel stores.

(15)

Coin and philatelic stores.

(16)

Commercial parking lots (three-fourths ton maximum).

(17)

Computer equipment sales, rental, service.

(18)

Communication equipment, printing and publishing, less than 2,000 square feet.

(19)

Convenience/carryout food store.

(20)

Cultural institutions.

(21)

Delicatessen business.

(22)

Detached single and two-family residential dwelling units.

(23)

Drug stores.

(24)

Dry cleaning: pickup and delivery only.

(25)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(25.1)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(26)

Florist shops.

(27)

Food and beverage stores.

(28)

General retail.

(29)

Gift shops.

(30)

Government offices, services, and public safety facilities.

(31)

Hardware stores.

(32)

Hobby shops for retail sales of items assembled off the premises.

(33)

Hotels, motels, motor lodges, roominghouses, boardinghouses and lodginghouses.

(34)

Interior decorating with any manufacturing as secondary part of retail sales.

(35)

Jewelry stores, including jewelry and watch repair.

(36)

Laundromats, self-service only.

(37)

Leather goods and luggage stores.

(38)

Multiple-family and townhouses residential dwelling units.

(39)

Museum.

(40)

Music stores/musical instrument sales, rentals, service.

(41)

Nautical shops, retail trade only.

(42)

Office supply stores, maximum of 2,000 square feet.

(43)

Offices including business, professional, medical and dental.

(44)

Optical sales and services.

(45)

Package mailing services, including fax, photocopying, telegraph services.

(46)

Physical therapy, health services and fitness centers.

(47)

Restaurants, cocktail lounges, taverns, outdoor cafe dining.

(48)

Seafood market, indoor.

(49)

Shoe sales and repairs.

(50)

Sporting goods stores.

(51)

Studios for artists, photographers, teachers, sculptors and musicians.

(52)

Tailor shops.

(53)

Tobacco shops.

(54)

Toy stores.

(55)

Travel agencies.

(Code 1999, § 110-662; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Outside arts, crafts and entertainment activities, incidental to the primary use of the premises, within the front setback.

(2)

Clubs and lodges (nonprofit), not on first floor.

(3)

Reserved.

(4)

Determination by board of zoning appeals of uses not specified within regulations as a similar use.

(5)

Meeting halls, not on first floor.

(6)

Reserved.

(7)

Radio, television broadcasting station.

(8)

Religious institutions.

(9)

Schools.

(10)

Special building moving as specified in section 110-94(4).

(11)

Special yard exceptions as specified in section 110-94(3).

(12)

Special parking exception as provided in section 110-94(2).

(13)

Temporary tents and promotional activities.

(Code 1999, § 110-663; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Aquariums.

(2)

Nightclubs.

(3)

Public and private parking garages.

(4)

Theaters and opera houses.

(5)

Utility, private and public, other than essential services.

(6)

Small wind energy systems pursuant to the provisions of section 110-883.

(7)

Rental of small displacement vehicles pursuant to the provisions of chapter 14, article IX.

(8)

Miniature golf.

(9)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-664; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009; Ord. No. 2012-17, 5-7-2012; Ord. No. 2013-4, 3-18-2013; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the DMX downtown mixed use district subject to the provisions of article V, division 2, of this chapter:

(1)

Catering services.

(2)

Customary accessory structures, incidental to permitted uses.

(3)

Entertainment: indoor and outdoor.

(4)

Essential services.

(5)

Family day care.

(6)

Reserved.

(7)

Nightclubs in hotels and motels with more than 50 units.

(8)

Public telephones in accordance with section 110-905(k)(4).

(9)

Temporary construction buildings.

(10)

Vending machines. Vending machines are permitted subject to the following regulations:

a.

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the downtown design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

b.

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area before June 1, 2003, shall be permitted. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

c.

These restrictions shall not apply to that portion of any property which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding upon and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection (10)a of this section.

(11)

Outdoor display of merchandise which is clearly incidental to on-premises use for properties located in the downtown overlay and upper downtown overlay zone districts in accordance with section 110-885.

(Code 1999, § 110-665; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

e.

No lot area per unit required for on-site employee housing units.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard:

a.

No front yard required on Baltimore Avenue.

b.

Ten feet on all other street fronts.

(5)

Minimum width of each side yard:

a.

No side yard required on lots abutting Baltimore Avenue south of North Division Street. In all other areas.

b.

Five feet for one-, two- or three-story buildings.

c.

Ten feet for four- or five-story buildings.

d.

Subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height:

a.

Is 40 feet and no more than four stories except as provided for in subsections (7)b and c of this section. Building height shall be measured as defined in section 110-2.

b.

Except as set forth in subsection (7)b. of this section, between Baltimore Avenue and St. Louis Avenue from North Division Street to 3rd Street, the maximum building height shall be no more than 35 feet and shall be no more than three stories. Building height shall be measured as defined in section 110-2.

c.

Between Baltimore Avenue and Philadelphia Avenue, from North Division Street to 3rd Street, the maximum building height may be increased to 40 feet and four stories, provided that, on the first floor fronting Baltimore Avenue, at least 75 percent of the buildable width of the parcel is dedicated to a commercial use permitted in section 110-662, accessible to the general public, exclusive of residential uses including single-family, two-family, multiple-family, hotel and motel units. Building height shall be measured as defined in section 110-2.

(Code 1999, § 110-666; Ord. No. 2002-28, 11-18-2002; Ord. No. 2007-13, 6-4-2007; Ord. No. 2007-23, 11-27-2007; Ord. No. 2020-11, 10-5-2020; Ord. No. 2021-23, 12-20-2021)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations.

(Code 1999, § 110-667; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-668; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-669; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-670; Ord. No. 2002-28, 11-18-2002)

The purpose of this district is to recognize an existing concrete plant on property immediately north of North Division Street on the bay.

(Code 1999, § 110-691; Ord. No. 2002-28, 11-18-2002)

A building or land in the M manufacturing district shall be used only for the following purposes:

(1)

Concrete products or central mixing and proportioning plant including the indoor/outdoor storage of sand, gravel, stone, structural or reinforcing steel, pipe and the like.

(2)

Boat docks, piers and anchorages.

(3)

Boat sales, rentals and for hire.

(4)

Boat and marine minor repair while boats are in the water.

(5)

Commercial parking lots (three-fourths ton maximum).

(6)

Detached single-family and two-family dwellings.

(7)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(7.1)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(8)

Multiple-family residential/townhouses.

(9)

Fishing piers.

(10)

Government offices, services, and public safety facilities.

(11)

Hotels, motels, motor lodges, roominghouses, boardinghouses and lodginghouses.

(12)

Marina, wet slips.

(13)

Marine supplies and fuel, retail only.

(14)

Reserved.

(15)

Museum.

(16)

Nautical shops, retail trade only.

(17)

Restaurants, cocktail lounges, taverns, outdoor café dining.

(18)

Seafood market, indoor.

(19)

Water-related recreational activities.

(20)

Art shops and galleries.

(21)

Bakeries, retail only.

(22)

Bicycle sales, rentals, repairs and service.

(23)

Camera and photographic supply stores.

(24)

Candy shops.

(25)

Clothing, clothing accessory, wearing apparel stores.

(26)

Convenience/carryout food store.

(27)

Delicatessen business.

(28)

Food and beverage stores.

(29)

Gift shops.

(30)

Hardware stores.

(31)

Laundromats, self-service only.

(32)

Offices including business, professional, medical and dental.

(33)

Optical sales and services.

(34)

Physical therapy, health services and fitness centers.

(35)

Shoe sales and repair.

(36)

Sporting goods stores.

(37)

Studios for artists, photographers, teachers, sculptors and musicians.

(38)

Tobacco shops.

(39)

Travel agencies.

(Code 1999, § 110-692; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Arts, crafts and entertainment activities, incidental to the premises, use of the premises, within the front yard.

(2)

Clubs and lodges (nonprofit), not on first floor.

(3)

Cultural institutions, marine oriented.

(4)

Day care.

(5)

Determination by board of zoning appeals, of uses not specified within regulations as a similar use.

(6)

Meeting halls, not on first floor.

(7)

Reserved.

(8)

Radio, television broadcasting station.

(9)

Seafood market, outdoor.

(10)

Special building moving as specified in section 110-94(4).

(11)

Special yard exceptions as specified in section 110-94(3).

(12)

Special parking exception as provided in section 110-94(2).

(13)

Temporary tents and promotional activities.

(Code 1999, § 110-693; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Aquariums.

(2)

Nightclubs.

(3)

Utility, private and public, other than essential services.

(4)

Small wind energy systems pursuant to the provisions of section 110-883.

(5)

Rental of small displacement vehicles pursuant to the provisions of chapter 14, article IX.

(6)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-694; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009; Ord. No. 2012-17, 5-7-2012; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the M manufacturing district subject to the provisions of article V, division 2, of this chapter:

(1)

Customary accessory structures, incidental to permitted uses.

(2)

Essential services.

(3)

Family day care.

(4)

Home occupation in accordance with section 110-908.

(5)

Public telephones in accordance with section 110-905(k)(4).

(6)

Temporary construction buildings and structures.

(7)

Vending machines. Vending machines are permitted subject to the following regulations:

a.

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the downtown design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

b.

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area before June 1, 2003, shall be permitted. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

c.

These restrictions shall not apply to that portion of any property which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding upon and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection (7)a of this section.

(8)

Outdoor display of merchandise which is clearly incidental to on-premises use for properties located in the downtown overlay and upper downtown overlay zone districts in accordance with section 110-885.

(Code 1999, § 110-695; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

e.

No lot area per unit required for on-site employee housing unit.

(2)

Minimum lot width: 50 feet; except subdivided townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet; and shall be no more than five stories.

(Code 1999, § 110-696; Ord. No. 2002-28, 11-18-2002)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations.

(Code 1999, § 110-697; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-698; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-699; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-700; Ord. No. 2002-28, 11-18-2002)

This special district is created to recognize the ocean beach as a natural recreational resource of public significance and to ensure that the beach shall remain available for the use and free passage of the public, open and unbuilt upon except for those structures and facilities necessary to improve its public usefulness and to protect adjoining property.

(Code 1999, § 110-721; Ord. No. 1993-1, § 105-19.1, 1-19-1993)

A building or land in the BR beach reserve district shall be used only for the following purposes:

(1)

Public recreation in accordance with applicable regulations, laws and ordinances. (See chapter 106, article III, divisions 2 and 3 and chapter 39, article VI.)

(2)

Beach protection, boardwalk, sanitation or pier structures as authorized by the United States Army Corps of Engineers or the Mayor and Council of Ocean City. (See chapter 106, article III, divisions 2 and 3, chapter 70, article II and chapter 39, article VI.)

(3)

Beach patrol facilities and equipment.

(4)

Temporary cabanas erected in accordance with licenses issued by the Mayor and Council of Ocean City.

(5)

Temporary stands for the rental of beach equipment, chairs, rafts, surfboards, beach umbrellas and the like in accordance with licenses issued by the Mayor and City Council of Ocean City. (See chapter 106, article III, division 5.)

(Code 1999, § 110-722; Ord. No. 1993-1, § 105-19.2, 1-19-1993)

Any use which is clearly incidental to or customarily found in connection with a permitted use shall be considered a permitted accessory use subject to the approval of the Mayor and City Council of Ocean City.

(Code 1999, § 110-723; Ord. No. 1993-1, § 105-19.3, 1-19-1993)

All signs shall be approved by the Mayor and City Council of Ocean City and shall be subject to the general sign regulations of section 110-880.

(Code 1999, § 110-724; Ord. No. 1993-1, § 105-19.4, 1-19-1993)

Lot area contained within lots located in the BR beach reserve district may be used to meet density requirements on contiguous properties outside the BR district.

(Code 1999, § 110-725; Ord. No. 1993-1, § 105-19.5, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

Except as specifically provided in this division, the remainder of the regulations in this chapter do not apply to the BR beach reserve district. Reference should be made to special ordinances relating to the district which may be passed from time to time by the Mayor and City Council of Ocean City. (See chapter 106, article IV, chapter 30, and chapter 39, article VI.)

(Code 1999, § 110-726; Ord. No. 1993-1, § 105-19.6, 1-19-1993)

The ocean beach is recognized as an economic, recreational and ecological asset to the state. In order to rebuild, maintain and protect the beach, which has eroded to the point that its ability to dissipate ocean storms and protect inland developed areas has diminished greatly, the state has authorized the Ocean City beach replenishment project. The purpose of the transfer of development rights (TDR) program created by this division is to assist in the implementation of the beach replenishment project and the oceanfront building limit line restrictions and to protect the health, safety and welfare of residents, property owners and visitors of Ocean City by permitting the transfer of development rights in exchange for the granting of easements or property ownership from eligible property owners to Ocean City or the state. This process is necessary and appropriate for the following reasons:

(1)

The lots affected are oceanfront lots east of the building limit line.

(2)

Construction on the beach destroys or weakens the protective dune system and leads to increased beach erosion.

(3)

It is in the public interest to restrict construction on the beach.

(4)

It is in the public interest for government to protect Ocean City by replenishing the beach and constructing a new dune system using sand pumping techniques.

(5)

Government will not undertake beach replenishment or dune construction on private property without first receiving a property interest from the property owners.

(6)

Oceanfront property owners who utilize the TDR program will increase the amount and value of improved property which is vulnerable to damage or destruction from storms.

(7)

By granting easements or transferring ownership of property to the public, the owners of oceanfront property ensure that government can undertake beach replenishment and dune construction activities which will protect their improved property.

(Code 1999, § 110-741; Ord. No. 1993-1, § 105-20.1, 1-19-1993)

For the purpose of implementing the TDR program, the following two overlay districts are created:

(1)

Beach transfer sending (BT-S) district. This overlay district is designated on the zoning map as "BT-S." The BT-S district includes lands east of the oceanfront building limit line which, due to restrictions imposed by the building limit line (chapter 106, article IV) and the BR beach reserve district of this chapter, have been and are restricted from most development.

(2)

Beach transfer receiving (BT-R) district. This overlay district is designated on the zoning map as "BT-R." The BT-R district includes lands generally east of Coastal Highway and Philadelphia Avenue which are identified in the comprehensive plan as suitable for relatively high-density residential development.

(Code 1999, § 110-742; Ord. No. 1993-1, § 105-20.2, 1-19-1993)

(a)

Lands in the BT-S overlay district may be used only in accordance with chapter 106, article IV.

(b)

Lands in the BT-R overlay district may be used in accordance with the regulations of the underlying district with additional regulations described in section 110-744.

(Code 1999, § 110-743; Ord. No. 1993-1, § 105-20.3, 1-19-1993)

A program permitting the transfer of development rights (TDR) is created by this division. This TDR program is intended to encourage development to occur in areas deemed suitable by the comprehensive plan for Ocean City and this chapter and to discourage development in the environmentally sensitive BT-S overlay district.

(1)

Sending area. The sending area for the TDR program is the BT-S overlay district. The number of development rights assigned to a sending parcel shall be one development right for each 500 square feet of land area, rounded to the lower increment of 500.

(2)

Receiving areas. The receiving area is the BT-R overlay district. When utilizing development rights transferred from a sending area, a residential, hotel, or motel project in a receiving area may exceed the number of units permitted by district bulk regulations on the date of application for site plan approval by 25 percent. Density calculations shall be rounded down to the nearest whole number. One development right shall be required for each excess hotel or motel unit, and two development rights shall be required for each excess multiple-family unit, regardless of lot area requirements at the time of construction. A project using development rights to exceed base density shall not be considered to be nonconforming with respect to density, and excess units which are constructed using development rights shall not be counted when determining nonconformity after enactment of this division.

(3)

Registration period. Owners of property in the BT-S overlay district who wish to participate in the TDR program must register with the department of planning and community development and be assigned their development rights on or before July 1, 1994. In order to attain the property protection afforded by beach replenishment and dune construction, at the time of registration, these properties must transfer ownership of the property to Ocean City or the state. The registration period does not place any time restrictions on the transferring of development rights or their future use in development projects.

(4)

Procedures for transfer of development rights.

a.

An owner of land in the BT-S overlay zone who registered for the program during the registration period has been assigned the appropriate number of development rights in accordance with the formula set forth in subsection (1) of this section. A serial number has been assigned to each development right. These are recorded in the land records of the county with proof of recordation provided to the department of planning and community development.

b.

A TDR transfer form must be completed by the owner of development rights when they are transferred. This form must be signed by both parties in the transaction, and also by the zoning administrator, Mayor and president of the City Council, and recorded in the land records with proof of recordation provided to the department.

c.

A TDR receipt form must be completed by the purchaser of development rights, with a copy to be provided to the department.

d.

When development rights are proposed to be used in a residential, hotel or motel project, the site plan for said project must indicate the use of these development rights, including their serial numbers. All plats which are recorded in the land records for projects using development rights must include their serial numbers. A copy of said plats must be provided to the department with proof of recordation.

e.

When development rights are used in a project, the units constructed using development rights are considered to be the last units built for the purposes of applying single lot density regulations.

f.

After development rights are used in a project, they become part of said project in perpetuity. They can never again be transferred to another property. In the event the application of section 110-74 regarding the rebuilding of destroyed nonconforming uses, the development rights used in a development project are to be considered no differently than any other units in the project.

g.

A development project that utilized the TDR program and is able to increase its base density is subject to all other development requirements, including, but not limited to, height, parking, setbacks and landscaping. This does not, however, preclude requests for available variances and special exceptions. Special exceptions to parking requirements are not permitted for the portion of a development project that utilizes transferable development rights to increase its base density.

h.

Future changes in lot area requirements shall not affect the number of development rights assigned to a sending parcel at the time of registration as specified in subsection (1) of this section.

i.

Administration of the TDR program is the responsibility of the department of planning and community development with assistance from the city solicitor. Appropriate forms and recordkeeping procedures are to be developed and maintained by these agencies.

j.

Development rights that are transferred from a sending parcel may also be used to expand an existing residential, hotel or motel project.

(Code 1999, § 110-744; Ord. No. 1993-1, § 105-20.4, 1-19-1993; Ord. No. 1994-12, 5-16-1994; Ord. No. 2019-06, 5-20-2019)

The purpose of this district is to identify the amusement and fishing pier area located east of Atlantic Avenue (boardwalk) at Wicomico Street. The use and operation of this district is regulated under chapter 39, article VI (pier franchise) of the Code of the Town of Ocean City which supersedes any conflicting ordinances, including the zoning ordinance.

(Code 1999, § 110-761; Ord. No. 1993-1, § 105-21.1, 1-19-1993)

The RC-1 resource conservation district is intended to preserve and protect the natural character and unique natural resources of Ocean City's wetland areas, including the natural spawning grounds, nursing grounds, feeding grounds and habitats of the valuable sport and commercial fish, waterfowl, and other wildlife resources of Ocean City. The RC-1 district is intended for use in areas which are highly unsuited for development and in which development would have a significant adverse effect on the natural environment and public and private lands which have been set aside for conservation of the natural environment.

(Code 1999, § 110-781; Ord. No. 1993-1, § 105-22.1, 1-19-1993)

Permitted uses are as follows:

(1)

Public and private conservation areas, including wildlife reservations.

(2)

Public and private noncommercial cultural, social and recreational areas, including parks, playgrounds, beaches, and boat landings.

(3)

Fishing, trapping and wildlife observation structures.

(4)

Drainage structures and similar works for flood prevention and erosion control.

(5)

Private docks and boathouses when accessory to a permitted use on the abutting property.

(6)

Essential services.

(Code 1999, § 110-782; Ord. No. 1993-1, § 105-22.2, 1-19-1993)

The following uses are permitted by special exception in accordance with section 110-94: The extension of a principal or accessory uses within a different zoning classification adjoining the wetland boundary line where it is demonstrated that such uses or structures are reasonably necessary to the function of the abutting fastland.

(Code 1999, § 110-783; Ord. No. 1993-1, § 105-22.3, 1-19-1993)

Any use which is clearly incidental to or customarily found in connection with a permitted use shall be considered a permitted accessory use subject to the approval of the planning commission.

(Code 1999, § 110-784; Ord. No. 1993-1, § 105-22.4, 1-19-1993)

Lot area contained within lots located in the RC-1 resource conservation district may be used to meet density requirements on contiguous properties outside the RC-1 district.

(Code 1999, § 110-785; Ord. No. 1993-1, § 105-22.5, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

A public/governmental, P/G-1, use classification is designed to designate those parcels owned by the city, state or federal government upon which some governmental use or service either exists or is contemplated. The intent of this district is to clearly define areas of public ownership and provide a formal method of public notification for the use, acquisition or sale of these properties. The properties so designated will retain their underlying zoning classification with the addition of the suffix P/G-1.

(Code 1999, § 110-801; Ord. No. 1993-1, § 105-23.1, 1-19-1993)

(a)

A building or land in the P/G-1 Public/Governmental District shall be used only for the following purposes:

(1)

Any use permitted in the underlying district.

(2)

Parks, playgrounds, water and sewer plants, water tanks and pumping stations, maintenance yards, storage facilities, governmental administrative offices, public parking facilities, police stations, convention center, firehouses, or other similar use.

(b)

Exemption. The Mayor and City Council of Ocean City may by resolution exempt any municipally owned or operated project, land use, structure, facility, development or activity from the provisions of this chapter and from each and every provision thereof as the Mayor and City Council of Ocean City may determine necessary and appropriate to carry out the purposes of this division or as the Mayor and City Council of Ocean City may determine is in the best interests of the health, safety, and general welfare of the community. In making such determination to exempt a project under this subsection, the Mayor and City Council of Ocean City shall consider the good of Ocean City in general, the purposes of this chapter, the nature of the project exempted and its need and importance to the community. Such resolution shall not require notice or public hearing prior to adoption. The Mayor and City Council of Ocean City may refer an Ocean City project to the planning commission for recommendations prior to or after exempting such Ocean City projects.

(Code 1999, § 110-802; Ord. No. 1993-1, § 105-23.2, 1-19-1993)

The following accessory uses shall be permitted in the P/G-1 Public/Governmental District:

(1)

Any accessory use permitted in the underlying district.

(2)

Any use which is subordinate to a public/governmental use.

(Code 1999, § 110-803; Ord. No. 1993-1, § 105-23.3, 1-19-1993)

Bulk regulations shall be in accordance with the regulations of the underlying district.

(Code 1999, § 110-804; Ord. No. 1993-1, § 105-23.4, 1-19-1993)

Off-street parking spaces shall be provided in accordance with the regulations of the underlying district.

(Code 1999, § 110-805; Ord. No. 1993-1, § 105-23.5, 1-19-1993)

Signs shall be permitted and maintained in accordance with the regulations of the underlying district.

(Code 1999, § 110-806; Ord. No. 1993-1, § 105-23.6, 1-19-1993)

Landscaping shall be provided in accordance with the regulations of the underlying district.

(Code 1999, § 110-807; Ord. No. 1993-1, § 105-23.7, 1-19-1993)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-808; Ord. No. 1993-1, § 105-23.8, 1-19-1993)

In order to encourage large-scale developments as a means of creating a superior living environment through unified developments and to provide for the application of design ingenuity while protecting existing and future developments and achieving the goals of the comprehensive plan, the following overlay districts are hereby established:

(1)

Planned.

(2)

Amusement.

(3)

Commercial marine.

(Code 1999, § 110-821; Ord. No. 1993-1, § 105-24.1, 1-19-1993)

(a)

To enable the overlay districts to operate in harmony with the comprehensive land use plan and population density embodied in these regulations, the overlay districts are created as special districts to be superimposed on other districts contained in these regulations and are to be so designated by a special symbol for their boundaries on the zoning district map upon approval of the Mayor and City Council of Ocean City.

(b)

The housing types, uses, minimum lot requirements, maximum yard requirements, density, accessory uses and sign regulations shall be determined by the requirements and procedures set forth in this division, which shall prevail over conflicting requirements of these regulations or of ordinances governing the subdivision of land.

(c)

Before an application is filed for an overlay district, the applicant shall meet with the planning commission for an informal conference regarding the proposal.

(d)

Applications for overlay districts may be made by a governmental agency or by a property owner, contract purchaser, option holder, lessee, their attorney or the agent of the property affected. If the application is made by a person other than the property owner, the application shall be consigned 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 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 as prescribed in article II, division 6, of this chapter for the overlay district. Notification of the public hearing for a planned overlay district shall be advertised in one newspaper of general circulation in Ocean City once each week for three consecutive weeks, with the first such publication of notice appearing at least 30 days prior to the date of the hearing. The advertisement shall contain the information set forth in section 110-161(2). The property shall also be posted with a sign at least 30 days prior to the date of the hearing as set forth in section 110-161(1). In addition, a notice shall be sent by regular mail to all property owners within 300 feet of the property at least 30 days prior to the public hearing. This mailing shall be at the expense of the applicant. After review, the planning commission shall submit 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 and painting.

(8)

Gable roof or other type.

(9)

Construction and materials.

(10)

Connection or disconnection with other buildings.

(11)

Exists 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.

(e)

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, any of 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 overlay district to the comprehensive plan.

(f)

The Mayor and Council may impose such conditions and restrictions upon the establishment of the overlay district, its location, construction, maintenance, and operation thereof as deemed necessary to reduce or minimize any effect of such use upon other properties in the neighborhood. 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.

(g)

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.

(h)

Amendments and additions to final site plans shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached thereto may be approved by the department or planning commission as outlined in section 110-184.

(Code 1999, § 110-822; Ord. No. 1993-1, § 105-24.2, 1-19-1993; Ord. No. 2005-13, 5-16-2005)

(a)

Planned overlay district.

(1)

Planned overlay districts may be located only in the following zoning districts: R-3, LC-1, SC-1, BM-1, DM, BMUD, BC-1, BC-2, DMX, M, I-1.

(2)

Permitted uses: Uses, accessory uses and signs permitted by the underlying zoning district.

(3)

Minimum area: 90,000 square feet of lot area located in the permitted zoning districts as identified in subsection (a)(1) of this section, east of Philadelphia Avenue and Coastal Highway; and five acres in permitted zoning districts as identified in subsection (a)(1) of this section, west of Philadelphia Avenue and Coastal Highway. Parcels located across streets may not be consolidated to meet the minimum lot area requirement, but parcels located within a block but separated by an alley may be consolidated.

(4)

The minimum lot and yard requirements and maximum height requirements of the underlying zoning district need not apply, except that the planning commission shall ensure an appropriate relationship between uses of high intensity or height within the planned overlay district and uses of low intensity or height, existing or future, outside the district. To this end, the commission may require increased setbacks, reduced height, and development of a lesser intensity inside of and near the boundaries of the planned overlay district.

(5)

Off-street parking and loading areas shall be provided meeting the minimum requirements of this chapter. A reduction of required off-street parking for commercial uses may be granted by the planning commission.

(6)

Design, arrangement and improvement of streets and driveways shall conform with the ordinances and regulations governing the subdivision of land.

(7)

Off-street parking within a planned overlay district shall be located on grade and exposed to the sky or within the footprint of the main building so as to appear to be part of the main building.

(8)

Projects located in the LC-1, SC-1, SM-1, BMUD, BC-1, DMX, M, and I-1 districts shall contain an appropriate mix of residential and commercial uses, as determined by the planning commission.

(9)

The number of dwelling units (density) of a planned overlay district shall be controlled by the underlying zoning district regulations; however, the permitted density of a project may be increased by no more than 25 percent by transferring up to 25 percent of the permitted density of other parcels, located no further than 80 feet from the planned overlay district property, into the planned overlay district. When this option is exercised, the parcels must be consolidated and the parcels from which density was transferred may henceforth be used only as open space or on-grade parking.

(10)

All adjacent sidewalks shall be a minimum of eight feet in width, a portion of which may be pervious paving material.

(11)

A traffic study performed by a firm chosen by the Town of Ocean City shall be provided to the planning commission. A pedestrian study may also be required if deemed by the commission to be necessary. The cost of these studies shall be paid by the applicant and added to the rezoning application fee.

(12)

Construction of an approved planned overlay district project must commence within three years of final rezoning approval by the Mayor and City Council of Ocean City. If a project is to be constructed in phases, all phases must have commenced construction within five years of rezoning approval, except expanding condominiums have ten years for completion of all phases.

(13)

Performance bonds shall be required to ensure completion of public amenities such as open space improvements, public art, etc.

(b)

Amusement overlay district.

(1)

Permitted uses:

a.

Uses, accessory uses and signs permitted by the underlying zoning district.

b.

Amusement places, amusement parks, recreational facilities, miniature golf courses, water slides, go-cart tracks, bumper-boat operations and similar uses, including the sale of food, beverages, bait, incidental supplies and equipment.

(2)

Minimum lot area for overlay district: One acre.

(3)

The minimum lot and yard requirements and maximum height and density requirements of the underlying zoning district need not apply, except that the planning commission shall ensure an appropriate relationship between uses of high density or height within the amusement overlay district and uses of low density or height, existing or future, outside the amusement overlay district and to this end may require that the regulations for minimum lots and yards and maximum height and density shall be complied with inside of and near the boundaries of the amusement overlay district. The planning commission and Mayor and Council may require buffering near residential development for protection from noise and light glare.

(4)

Amusement rides and attractions are permitted up to 150 feet in height. Amusement rides and attractions above 150 feet shall obtain a conditional use permit in accordance with applicable district regulations.

(5)

Off-street parking and loading areas shall be provided meeting the minimum requirements of this chapter.

(6)

Design, arrangement and improvement of streets and driveways shall conform with the ordinances and regulations governing the subdivision of land.

(c)

Commercial marine overlay district.

(1)

Permitted uses:

a.

Uses, accessory uses and signs permitted by the underlying zoning district.

b.

Any use permitted in the BM-1 bayside marine district and DM-1 downtown bayside marine district.

(2)

Minimum lot area for overlay district: One acre.

(3)

The minimum lot and yard requirements and maximum height and density requirements of the underlying zoning district need not apply, except that the planning commission shall ensure an appropriate relationship between uses of high density or height within the commercial marine overlay district and uses of low density or height, existing or future, outside the commercial marine overlay district and to this end may require that the regulations for minimum lots and yards and maximum height and density shall be complied with inside of and near the boundaries of the commercial marine overlay district.

(4)

Off-street parking and loading areas shall be provided meeting the minimum requirements of this chapter, except that parking reduction, not to exceed 20 percent of required parking, may be considered by the planning commission and Mayor and Council where it is found that the character and use of the property is such as to make unnecessary the full provision of parking.

(5)

Design, arrangement and improvement of streets and driveways shall conform with the ordinances and regulations governing the subdivision of land.

(Code 1999, § 110-823; Ord. No. 1993-1, § 105-24.3, 1-19-1993; Ord. No. 2005-13, 5-16-2005; Ord. No. 2006-33, 12-18-2006)

(a)

The downtown design overlay zone is hereby established and shall control the use and development of lands by supplanting and adding to the requirements, criteria, and standards of the underlying zone. Where conflicts exist between the overlay and the underlying zoning, the more restrictive regulation shall apply except where this article stipulates otherwise.

(b)

The downtown design overlay zone is superimposed over the following zoning districts: B-1 boardwalk, I-1 inlet, DMX downtown mixed use, DM downtown marine, DR downtown residential, and M-1 manufacturing.

(c)

Except where specifically stated, the regulations in this division do not apply to amusement parks.

(Code 1999, § 110-831; Ord. No. 2002-28, 11-18-2002)

(a)

The purpose of the downtown design overlay zone is to implement the Downtown Design Guidelines Manual as prepared by the Ocean City Development Corporation (OCDC) and the department of planning ("department") and adopted by the Mayor and City Council of Ocean City on November 18, 2002.

(b)

Downtown Design Guidelines, as may be amended, shall serve as the guide to the character and style of signs, lighting, fencing, landscaping, and the exterior of all buildings in the downtown design overlay zone. Downtown Design Guidelines, copies of which are available in the department of planning and community development, the office of the city clerk, and the office of the Ocean City Development Corporation, is hereby adopted and made part of this division by reference.

(c)

Downtown Design Guidelines and the downtown design overlay zone envision an economically sound and socially healthy downtown Ocean City, where revitalization has capitalized on the positive aspects of the area to create a sense of character, charm, and community for both residents and visitors.

(d)

The intent of Downtown Design Guidelines and the downtown design overlay zone is for Ocean City to have:

(1)

Pedestrian-friendly corridors.

(2)

Attractive buildings that reflect a traditional theme and are properly designed and maintained.

(3)

Mixed-use buildings.

(4)

Buildings that are adaptable with an architectural variety.

(5)

A distinct character separate from the rest of Ocean City.

(6)

Landscape used as a space definer and for shade and air quality in public spaces and parking lots.

(7)

Identifiable neighborhoods or districts.

(8)

An incentive system for preserving special and historic buildings.

(9)

Attractively screened parking.

(10)

Multiple means of transportation.

(11)

A "fee-in-lieu-of parking" program to create centralized parking facilities.

(12)

An enhanced stormwater management system.

(13)

Promote a centralized solid waste collection program.

(14)

Promote a master plan for drainage.

(Code 1999, § 110-831.1; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

(a)

The goals and guidelines in Downtown Design Guidelines are flexible and allow for creative design solutions that are consistent with the overall goal to revitalize downtown Ocean City.

(b)

Many references are mandatory, using wording such as "shall" and "prohibit." Other references are advisory, using terms such as "encourage," "discourage," "should," and "should not."

(c)

Downtown Design Guidelines contains illustrations exemplifying the concepts described in the manual. These illustrations are meant to be examples. Other solutions may be acceptable.

(d)

The downtown design overlay zone applies to all property and buildings in the underlying zoning districts except the easterly facades of buildings facing the boardwalk (Atlantic Avenue) and the 25 feet west of the boardwalk frontage along each street end; and buildings located east of the boardwalk.

(e)

If a development project is unable to meet all of the requirements and suggestions in downtown design guidelines, the department/OCDC shall work with the property owner or developer to ensure the project meets the overall objectives to the extent possible.

(f)

All exterior renovations to existing structures and new construction, including accessory buildings, shall adhere to downtown design guidelines.

(g)

Interior improvements and standard and necessary maintenance are exempt from the requirements of Downtown Design Guidelines.

(h)

Plans for development and redevelopment in the underlying zones shall be reviewed by OCDC for conformance with Downtown Design Guidelines.

(Code 1999, § 110-831.2; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Common and encouraged design elements and architectural characteristics associated with the traditional styles include the following:

(1)

Simple building masses with gable or hip roofs of varying shapes and pitches, and gable or hip dormers.

(2)

Generous porches with large-scale columns on first and occasionally second floors.

(3)

Second floor porches overlooking the street.

(4)

Clapboard and shingle siding and brick chimneys and walls.

(5)

Board and batten on upper floor gable ends.

(6)

Colonnaded walkways with roof overhangs.

(7)

Large plate glass storefronts.

(8)

Decorative railings, trellises, gates; mostly white painted fences and railings.

(9)

Window awnings.

(10)

Columns with bases and capitals.

(11)

Articulated relief detailing that emphasizes space, shadows and depth.

(12)

Frieze boards, gable brackets, and exposed rafter tails.

(Code 1999, § 110-831.3; Ord. No. 2002-28, 11-18-2002)

(a)

The building height of renovated or newly constructed buildings shall respect existing structures except in cases where existing structures are in conflict with the design guidelines.

(b)

Building mass shall be articulated by varying building volume, roof heights and roof types.

(c)

New construction on two or more lots shall respect traditional building widths by maintaining a similar division of the facade to maintain this progression.

(d)

New buildings shall be organized into visible building widths of no more than 50 feet to ensure compatibility with the existing character and scale of the zone.

(e)

Where the street frontage is defined by a continuous building facade, infill construction should maintain the facade by building from side lot line to side lot line.

(f)

Buildings shall be designed to take advantage of the sun and air circulation. They should be designed to minimize shading of the street and neighboring properties. They are encouraged to have well-shaded windows.

(Code 1999, § 110-831.4; Ord. No. 2002-28, 11-18-2002)

(a)

Buildings that occupy more than 50 feet of frontage shall be designed to appear as several smaller but related parts of a larger structure.

(b)

Quality materials shall be integrated, especially on the ground floor. Special attention shall be paid to windows and entries.

(c)

Although architectural styles may vary from building to building, similar combinations of entries and storefronts are encouraged.

(d)

The general pattern of windows and doors shall follow the traditional rhythm on individual streets.

(e)

False windows and doors on first floor facades are discouraged.

(f)

Front walls without window or door openings are prohibited, unless the first floor is parking.

(Code 1999, § 110-831.5; Ord. No. 2002-28, 11-18-2002)

(a)

Storefronts shall generally be traditional, with large windows and traditional trim and signs.

(b)

Regularly spaced windows in the upper facades, with attention to rhythm and form, are required.

(c)

Buildings that contain office and professional uses shall provide window openings and detailed entrances that maintain pedestrian and visual interest along the sidewalk.

(d)

Individual shop or tenant spaces shall be expressed on a building's exterior through the rhythm of openings, walls and columns, as well as the careful use of color and material change.

(e)

Glass on storefronts shall be transparent for proper visual merchandising and natural surveillance. Windows shall not exceed eight feet in height or ten feet above grade.

(f)

Appropriately designed and detailed awnings and canopies above the first floor that provide shade and architectural interest are encouraged.

(g)

Commercial structures that front the street and provide a distinct contrast to the surrounding residential community are encouraged.

(h)

One building entrance should be provided every 25 to 50 feet to encourage a high level of pedestrian activity to the street.

(i)

Sidewalk areas or courtyards large enough for cafe seating or other lively uses are encouraged.

(Code 1999, § 110-831.6; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004)

(a)

Building design character should be consistent over the entire building, especially where the building will be visible from publicly accessible areas such as streets, alleys or parking areas. Although details may be simplified, elements such as finish materials and architectural details should be consistent on each building facade.

(b)

When a building abuts a side property line in the interior of the block, and when that building's side wall is likely to remain visible for an extended period of time, the building's exposed facade should reflect a design treatment consistent with the building's established street-front design.

(Code 1999, § 110-831.7; Ord. No. 2002-28, 11-18-2002)

(a)

Foundations serve a functional purpose to provide the structural support for the buildings. Exposed areas of foundations shall consist of brick, concrete, parged cinder block, old style rustic block, or other materials subject to approval.

(b)

Lattice or screening is required between pilings.

(Code 1999, § 110-831.8; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004)

(a)

Facade standards are intended to preserve the traditional character of the Old Town area. The choice of materials for building facades is critical to achieving this goal. The following materials are permitted:

(1)

Horizontal clapboard.

(2)

Shingles.

(3)

Board and batten in upper story gable ends.

(4)

Wood, fiber cement, or other composite materials, as may be approved by the department and OCDC.

(5)

Heavy gauge vinyl siding (0.040 inch or thicker).

(6)

Brick.

(7)

Exterior insulation finished system (i.e., drivit) for ornamental detailing and limited application above the second floor.

(8)

Other materials and textures as approved.

(b)

The following materials are prohibited:

(1)

Aluminum siding.

(2)

Light gauge vinyl siding (less than 0.040 inch).

(3)

Texture 111 siding.

(4)

Diagonal siding.

(5)

Split face block.

(Code 1999, § 110-831.9; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2014-20, 6-16-2014)

(a)

The general pattern of windows and door openings shall follow the traditional rhythm on individual streets.

(b)

Windows are encouraged to be of a generally traditional type (rectangular or square) but open storefronts and unique bays are encouraged. All windows shall be recessed a minimum of two inches from face of building to enhance shadow line around opening.

(c)

Bay windows are desirable traditional elements ranging from simple sheds to round corner turrets. Mullions are encouraged on all windows.

(d)

First floor windows should be wood framed or composite with mullions.

(e)

Windows should be in a vertical or square pattern.

(f)

Other window styles are subject to approval.

(g)

Primary building entries should be consistent with the chosen architectural style.

(h)

Door materials shall be wood, metal, fiberglass or vinyl.

(i)

Doors that are flanked by columns, decorative fixtures or other details are encouraged.

(j)

Doors that are recessed within a larger arched or cased decorative opening are encouraged.

(k)

Doors that are covered by means of a portico projecting from or set into the building face are encouraged.

(l)

Metal roll-down doors visible from a public right-of-way are prohibited on commercial buildings.

(m)

All other door materials and styles are subject to approval.

(n)

Secondary entries should be enhanced with detailing, trim and finish consistent with the character of the building and the primary entry so they are attractive and easy to identify while remaining visually subordinate to the primary entrance.

(o)

Service entries should be designed with simple detailing so as to blend into the surrounding building facade. Where trash or storage areas are located in conjunction with service entries, such areas should be enclosed and screened by the use of design elements that are consistent with the particular style of building.

(Code 1999, § 110-831.10; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004)

Porches are a defining element of downtown's seaside architecture. They provide relaxed and shady place where residents and pedestrians can comfortably relate to one another. This interaction creates a vital sense of community. Front porches are encouraged on all residential buildings and hotels.

(1)

Porches may extend into a front yard.

(2)

Porches shall be a minimum of seven feet deep. Porches above the second story may be less than seven feet deep.

(3)

Porches shall be supported by large square or round column posts, a minimum of six inches by six inches or six inches in diameter.

(4)

Columns shall be connected by traditional railing with pickets no higher than 36 inches in height, unless required higher for safety reasons.

(5)

Railings and columns shall be made of wood, metal, vinyl or other approved composite materials.

(6)

All railings shall be white or a light color compatible to the building.

(7)

Columns and piers should be spaced no farther apart than they are tall.

(8)

Front porches enclosed by screen, glass, or any other material are prohibited. This shall not apply to the water-side of a building.

(9)

Cantilever balconies are discouraged. Cantilever balconies, when considered, shall be visually supported by columns or brackets. Other porch designs are subject to approval.

(Code 1999, § 110-831.11; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2014-20, 6-16-2014)

Covered walkways on the front of a commercial property allow for a wider walking area as well as a means to provide shade on hot, sunny days. Covered walkways are encouraged on all commercial buildings. Awnings are also encouraged in place of covered walkways.

(1)

Covered walkways may extend into a front yard.

(2)

Covered walkways shall be a minimum of seven feet deep.

(3)

Covered walkways shall be supported by large square or round columns a minimum of six inches by six inches or six inches in diameter.

(4)

Columns shall be wood, metal, vinyl or other approved composite materials.

(5)

Covered walkways enclosed by screen, glass, or any other material are prohibited. This shall not apply to the water-side of a building.

(6)

Railings that will prevent easy pedestrian flow are prohibited, unless required for safety reasons.

(7)

All other covered walkway designs subject to approval.

(Code 1999, § 110-831.12; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004)

(a)

Decks are encouraged to relate to the mass, scale, placement and detailing of a building, and to be consistent with traditional architecture.

(b)

Completely open, unenclosed exterior stairs, covered or uncovered by a roof or canopy, located in a front yard shall service the first floor only or a primary entrance that shall be no higher than the second floor. Completely open, unenclosed exterior stairs, covered or uncovered by a roof or canopy, above the first floor may be located not more than six feet into a rear yard, subject to fire and building code regulations. All railings shall be open in design and shall not exceed required minimum building code height.

(c)

Stairs above the first floor in a rear yard or other permitted area should be integrated within the footprint of the main building to the extent possible, and should be sturdy in appearance and painted or stained.

(d)

Wood materials such as flooring, edge bands, columns, trim, and railings shall be painted or stained.

(e)

All other decks and exterior stairs are subject to approval.

(Code 1999, § 110-831.13; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004)

Awnings serve a functional purpose by protecting shop windows and residential rooms from intense direct sunlight.

(1)

Awnings shall be of a durable, commercial grade fabric, canvas or similar material. Awning frames and supports shall be of painted or coated metal or other non-corroding material.

(2)

Street level awnings may be continuous.

(3)

Brackets and supports should be decorative, preferably of wood or wrought iron, and designed to visually complement the architecture.

(4)

Glossy finishes are prohibited.

(5)

All other awnings and placement subject to approval.

(6)

Awnings shall be shed style only.

(7)

Signage on awnings shall only be on a valance. The valance shall be no taller than one foot.

(8)

Awnings shall not be back-lit. Awnings are allowed light penetration through the valance via translucent vinyl on the main side facing the street. The awning can have internal lighting to light the copy panel and offer down lighting for the storefront.

(Code 1999, § 110-831.14; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2014-20, 6-16-2014)

(a)

Exterior colors play an important role in the way a building and its details are perceived. Color can be used to enhance or draw attention to specific parts of a building such as entries. Colors can be used to mask or diminish the visual importance of features such as service entries or storage and trash areas.

(b)

Primary exterior colors shall be light and muted.

(c)

Detail colors should provide contrasting accent.

(d)

Colors should represent the architectural style of the building.

(e)

Materials with natural colors such as brick or copper should be left unfinished unless there is a compelling reason to the contrary.

(f)

Bright or intense colors or very dark colors should be used sparingly and should typically be reserved for more delicate or intricate design elements such as grille work, as well as more transient features such as awnings, signs and flags.

(g)

A recommended palette of colors for design standards area that follows the Sherwin Williams color palette for Colonial and Arts and Crafts or equivalent selection and solid white color. Other colors subject to review. Trim shall be white.

(Code 1999, § 110-831.15; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Corner buildings should be distinctive with rounded or angled corners to facilitate pedestrian flow. Facades should relate to the scale and massing of buildings on their respective streets.

(Code 1999, § 110-831.16; Ord. No. 2002-28, 11-18-2002)

(a)

Roofs are a defining element of a community's history and character. The most common forms of roof type in downtown Ocean City are gable and hipped roofs.

(b)

Roofs throughout downtown shall be simple and basic in mass and form.

(c)

Roofs should be gabled or hipped. Parapets and possibly flat roofs under certain conditions may be considered by OCDC. This requirement shall not apply to porches and other appurtenances.

(d)

Roofs of buildings shall be pitched with an angle no less than six feet to 12 feet and no greater than nine feet to 12 feet. This requirement shall not apply to porches and other appurtenances.

(e)

A building with frontage exceeding 50 feet shall incorporate changes in roof form or type, which serves to reinforce the expression of the traditional building increment.

(f)

Roof-mounted mechanical equipment shall be screened from view by roof forms that are designed as an integral part of the building architecture.

(g)

New design shall respect the alignment of neighboring building cornices or rooflines and other horizontal elements.

(h)

Architectural enhancements should be provided by use of dormers and decorative trim.

(i)

Exposed rafter ends (or tabs) at overhangs are encouraged.

(j)

Gable-end brackets are encouraged.

(k)

Mansard roofs or other unusual roofs are allowed by special review.

(l)

Reserved.

(m)

Roof signs are prohibited.

(n)

Roofing materials shall be asphalt shingles, metal standing seam, composite shingles or wood shingles.

(o)

Existing flat roofs should be light colored to be generally heat reflective, and may be bituminous, built up or single-ply roofing.

(p)

All other roofing materials are subject to approval.

(Code 1999, § 110-831.17; Ord. No. 2002-28, 11-18-2002; Ord. No. 2007-13, 6-4-2007; Ord. No. 2014-20, 6-16-2014)

Building setbacks are as defined in the underlying district regulations.

(Code 1999, § 110-831.18; Ord. No. 2002-28, 11-18-2002)

(a)

Providing an attractive and consistent street frontage promotes good street character. Large street openings, such as parking lots, detract from such character. A traditional downtown promotes a good pedestrian environment that is interesting.

(b)

High density development of downtown street frontage should be encouraged as a way of promoting economic vitality and a sense of place. Percentages described below refer to the percentage of length along the street which has a building within ten feet of the front property line.

(c)

Baltimore Avenue. The historic pattern of dense development, with closely spaced or zero side lot line building, is encouraged on Baltimore Avenue, with both sides developed to a two story minimum at street front. At least 75 to 80 percent of each block or lot should be built. Street level uses should generally be commercial or public in nature.

(d)

Philadelphia Avenue. There are greater challenges to providing traditional character due to the width of the roadway, nature of some existing buildings, and the amount of large surface parking areas. More commercial and public uses at street level are encouraged with a building frontage width of 70 percent.

(e)

St. Louis Avenue should remain primarily residential in character north of the Route 50 Bridge and mixed use south of the bridge. A minimum building frontage of 50 percent is encouraged.

(f)

Side streets. These streets vary in character but all are encouraged to have similar characteristics including a commercial and residential mix at street level. A minimum of 60 percent building frontage is encouraged on all side streets.

(g)

Blank wall areas. Design elements, such as trellises, arbors, mosaics, landscaping, decorative patterns, sculpture, and relief are encouraged on blank walls to minimize the expanse of large continuous wall planes. Wall murals should be permitted by special review only.

(Code 1999, § 110-831.19; Ord. No. 2002-28, 11-18-2002)

(a)

As redevelopment commences it is important that new buildings and facilities mix well with the existing buildings. Ideally, most blocks in the downtown will be wholly or gradually transformed to incorporate the following:

(1)

Building along the streets to the percentage frontage as described above.

(2)

Porches, arcades, and generous sidewalks developed along streets, with landscaping, traditional lighting, and other pedestrian amenities.

(3)

Parking in the rear, with limited and shared access drives. Ideally, no more than one curb cut per 120 feet, and not within 70 feet of any intersection.

(4)

A north-south mid block access for bikes and service in all blocks.

(b)

Concept blocks. Inner blocks are more likely to continue to develop incrementally. For these blocks, transitions might include:

(1)

Encouraging neighboring lots to share curb cuts, driveways, and parking access.

(2)

Developing a system of shared private alleys where they do not exist, and expand the alleys that do exist, for common use in utility distribution, trash collection, inner block parking access, and pedestrian and bike ways.

(3)

When developing or redeveloping small existing lots, buildings should be placed towards the street and parking in the rear.

(c)

Existing condominiums. It is recognized that condominiums are a very stable form of ownership with less likelihood of significant change than other properties. Condominium associations in the downtown are encouraged to:

(1)

Maintain and improve their properties in accordance with these guidelines.

(2)

Update signs to a traditional look in accordance with these guidelines.

(3)

Screen and landscape existing parking areas in accordance with these guidelines.

(4)

Allow shared use of drives and service access with neighbors where feasible and with permission of the department of planning and community development.

(Code 1999, § 110-831.20; Ord. No. 2002-28, 11-18-2002)

(a)

People with special needs should enjoy public and private places. Therefore, it is important to provide access at least in accordance with federal and state regulations. In addition:

(1)

Shared handicapped access, if no further than 100 feet apart, on neighboring lots is encouraged.

(2)

Floor levels should be similar on neighboring lots where possible.

(3)

All ramps on the sides of buildings should have a clear entry from the street.

(4)

It is preferable to place handicapped ramps in the side setback area.

(Code 1999, § 110-831.21; Ord. No. 2002-28, 11-18-2002)

Off street parking requirements and standards are defined in the underlying district regulations. See section 110-831.28, development incentives, for parking modifications.

(Code 1999, § 110-831.22; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

(a)

The design of exterior lighting fixtures shall enhance and complement the character of a specific building or space and must reflect the traditional elements of downtown. Exterior lighting shall serve as a security measure and increase general visibility.

(b)

The lighting of buildings, landscaping, driveways, signs and other exterior uses of lighting shall be designed to minimize the light and glare on adjacent neighborhoods.

(1)

Pole-mounted fixtures situated in vehicular or pedestrian use shall not exceed 12 feet in height and such poles shall be located so as not to be a hazard in the path of travel for pedestrian or vehicular access.

(2)

Wall-mounted lighting fixtures shall not exceed the height limits set for the pole mounted fixtures in their respective use areas, and shall be provided in a manner, that will minimize glare to vehicular traffic.

(3)

All outdoor lighting shall provide illumination at ground level not to exceed the range set below:

a.

Commercial areas:

Average illumination: 1.5 footcandles.

Maximum illumination: 5.0 footcandles.

b.

Residential areas:

Average illumination: 1.0 footcandles.

Maximum illumination: 2.5 footcandles.

(4)

Outdoor lighting shall be designed so that any overspill of lighting onto adjacent properties shall not exceed one-half footcandle vertical and one-half footcandle horizontal illumination to the adjacent properties or structures.

(5)

Outdoor lighting poles and fixtures shall conform in character and style to the district.

(6)

Up-lighting should be avoided to minimize light pollution of the night sky and to prevent light trespassing onto adjacent properties.

(Code 1999, § 110-831.23; Ord. No. 2002-28, 11-18-2002)

(a)

Fences can be an attractive means to separate the public and private realms. They are a special detail to be included in the traditional style of development for the area. Fencing, garden walls, or hedges are strongly encouraged and should be constructed along all undeveloped properties that abut streets and alleys.

(1)

Fences shall be made of wood, metal, or synthetic material as approved by the department and OCDC.

(2)

Fences shall be painted or stained in a white or light color.

(3)

Fences shall be traditional, not industrial or institutional.

(4)

Generally, fences in the front yard of a property should not be higher than 36 inches. Fencing in the rear yard should be higher but not exceed the city regulations for height. Solid privacy fences are permitted in rear and side yards, but not in front yards.

(5)

Chainlink and barbed wire fencing are prohibited.

(b)

Screening is a valuable tool to hide items that generally are not attractive.

(1)

Screening shall be made of wood, synthetic material, masonry (decorative block, brick, or stone).

(2)

Landscaping is encouraged in front of other screening material.

(Code 1999, § 110-831.24; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Alleys are an important means of providing access for deliveries and pickup of items that usually should not be placed in more visible areas for aesthetic reasons. Service alleys should be provided in the inner blocks of downtown.

(Code 1999, § 110-831.25; Ord. No. 2002-28, 11-18-2002)

(a)

Landscape is an important feature to define, unify and enhance development. In addition to the requirements of section 30-553, intensely developed areas, the following principles apply:

(1)

Landscape shall complement and enhance private buildings, parking areas and frontages.

(2)

Landscape should screen and/or buffer views of loading, trash areas and service yards.

(3)

All areas not devoted to walkways, parking, or structural development should be landscaped and the landscape shall be permanently maintained.

(4)

All planting area dimensions should be consistent with plant material requirements and the purpose of the planting.

(5)

Permanent automatic low water-consuming irrigation facilities should be provided in all landscaped areas.

(6)

Project landscaping should consist primarily of indigenous drought tolerant and salt-resistant type species and should be compatible with the character of the surrounding architectural style of the structure. Exhibit 5 in the Downtown Design Manual contains suggested landscape material.

(7)

Landscaping and building elements such as trellises and pergolas should be integrated into properties.

(8)

Where appropriate, landscape areas should be provided adjacent to building facades and side elevations.

(9)

Raised planters designed with wide ledges that provide seating spaces should be provided along pedestrian corridors.

(Code 1999, § 110-831.26; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

(a)

Purpose. The purpose of these regulations is to regulate signs in a fair and comprehensive manner in order to protect the public health, safety, and welfare and to enhance the visual appearance of downtown Ocean City while assuring the efficient transfer of information. It shall be illegal for a sign to be placed or maintained in any downtown district except as provided for in this chapter. The regulation of signs in the downtown district is necessary and in the public interest for the following reasons:

(1)

To protect the general public from damage or injury caused or partially attributable to signs, which, by reason of their size, location, construction, or manner of display, confuse, mislead, or obstruct the vision necessary for traffic safety.

(2)

To provide a pleasing, uncluttered overall environmental setting and community appearance which is deemed vital to tourism and the continued economic attractiveness of the downtown area.

(3)

To protect property values within the downtown district.

(4)

To improve the legibility and effectiveness of commercial and governmental signs.

(5)

To permit signs appropriate to the stated and planned character of the downtown district.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sign means any device, structure, fixture or placard using graphics, symbols, characters, or letters which advertises or identifies any business, organization, institution, person, product, service, event or location. Types of signs include the following:

Awning sign means a sign that is part of or attached to an awning, canopy, or other protective cover over a door, window or entrance.

Banner means a sign intended to be hung with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivision, and other such flags shall not be considered banners.

Bulletin board means a changeable copy sign, which identifies and announces schedules for churches, schools, or other noncommercial uses or activities.

Construction sign means a sign which is located on a construction site during construction denoting the architect, engineer, contractor, sub-contractor, builder, lending institution, etc., affiliated with the construction.

Directional sign means a sign, located on the premises, directing traffic movement onto or within the premises.

Freestanding sign means a self-supporting sign resting on or supported by means of poles, standards or any other type of base on the ground.

Government sign. See Public/Government Sign.

Hanging sign means a sign which hangs from the underside of the roof of a porch or covered walkway.

Incidental sign means a sign whose main purpose is to direct or inform the reader, but not to identify or advertise the primary business, organization, institution, product or service located on the premises. Examples include signs indicating hours of business, entrance, exit, vacancy, office, menus, carry-out window, open house, no trespassing, no dumping, garage sale, yard sale.

Monument sign means a freestanding sign which rests directly on the ground and not on a pole.

Off-premises sign means a sign advertising an establishment, product, service, or activity which is not sold, produced, or provided on the specific property on which the sign is located (e.g., billboards).

Off-premises parking sign means a sign indicating that parking on a parcel or site is restricted to a designated business not located on such parcel or site.

Parking lot control sign means a sign located within a private or public parking lot, which provides information regarding the users, hours of operation, towing procedures, etc., of the lot.

Political campaign sign means any temporary sign intended to identify a political party, group or candidate, or to advertise an election, referendum, meeting or similar local, state, or national political activity.

Portable sign means any sign whose design and/or construction is of a portable nature, whether anchored, carried, left freestanding, towed, self-propelled or attached to a vehicle or trailer.

Projecting sign means a sign, other than a wall sign, which projects from a structure or building face, including, but not limited to, signs on awnings and marquees.

Public/government sign means a sign erected by a city, county, state, or federal government agency in furtherance of its governmental responsibilities.

Real estate sign means a sign advertising the sale, lease or future use of real estate, placed upon the property so advertised.

Residential personal identification sign means a sign bearing only street or property numbers or names of occupants of premises.

Roof sign means a sign located or erected on or attached to a roof and which extends above the ridge or peak of the roof. Also included is any sign which receives partial or total support from roof by means of girders, wires, etc., attached to, located or erected on a roof.

Subdivision project, or multifamily development identification sign (permanent) means a sign intended to identify a single-family or multifamily residential development.

Temporary means a temporary sign intended to announce a future development of a project under development.

Temporary business sign means a sign advertising or announcing the initial opening of a business. This is not meant to pertain to a seasonal opening.

Vehicle sign means a sign or advertising device, but not a bumper sticker, which is painted, mounted, affixed or otherwise attached to a vehicle or trailer, which is used for the purpose of providing advertisement of projects and services or directing people to business, service or other activity.

Vending machine sign means a sign which is part of a vending machine and advertises a product available from the machine on which it is located.

Wall sign means a sign painted on or affixed to and mounted parallel to a building facade or wall in such manner that the facade or wall becomes the supporting structure for the sign.

Window sign means a sign installed on the inside or outside of a window, which is visible from the sidewalk or street.

(c)

General provisions. Only signs specifically permitted in this chapter are allowed, and all signs must comply with the provisions of this chapter. All permitted signs shall be subject to the following regulations:

(1)

No sign may be placed or erected without first having obtained the appropriate permit or approvals, unless a permit is not required by these regulations. Permit applications may be reviewed by the Ocean City Development Corporation.

(2)

A sign may be illuminated, unless otherwise prohibited, if illumination is confined to the surface of the sign. The sign and illumination shall be located and arranged to avoid excessive glare or reflection onto any public street or sidewalk, into the path of oncoming vehicles, or onto any adjacent property. Illumination shall not exceed 0.5 footcandles.

(3)

Other than permitted temporary signs, all signs must be permanently attached to a structure or anchored to the ground.

(4)

All signs shall be constructed or placed in accordance with the pertinent requirements of the adopted building code of Ocean City.

(5)

Calculation of sign area. The sign area is the area of the smallest geometric shape or combination of shapes which enclose the extreme points or edges of the sign. This area does not include supporting structures unless they include graphics, characters, or letters which advertise or identify any business, organization, institution, person, product, service, event or location.

a.

On a multi-faced sign, the total size of all faces shall not exceed two times the maximum permitted square feet, and no single face shall exceed the maximum permitted square feet.

b.

The area of a sign comprised of individual letters or figures shall be the area of the smallest geometric shape that encompasses each of the letters or figures, but not including the space between the individual letters or figures.

c.

The area of a sign painted upon or applied to a building shall include all lettering, wording, designs and symbols together with any background of a different color or material than the building.

(6)

Nothing in this chapter shall restrict the erection or placement of governmental or other public signs.

(7)

Amusement places and recreational areas. Signs within these areas, which do not identify or advertise the area as an entity, are exempt from the regulations of this article.

(8)

The message displayed by an existing electronic or computer controlled sign or similar sign not located in an amusement park, may not change more often than one time each five seconds.

(9)

Signs in the public right-of-way that block water vistas are not permitted unless approved by agreement by the Mayor and City Council of Ocean City, with input from the Ocean City Development Corporation.

(10)

Signs shall not cover significant architectural detail.

(d)

Prohibited signs. The following signs are prohibited in the downtown district, and if in existence as of the date of enactment of the ordinance from which this article is derived, shall be removed or brought into conformity as per the sign amortization schedule.

(1)

Signs containing statements, words, or pictures of an obscene, indecent, or immoral character.

(2)

Signs which imitate an official traffic sign or signal or which contain words such as "stop," "go slow," "caution," "danger," "warning" or similar words.

(3)

Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street intersection in accordance with section 66-10.

(4)

Signs which are placed or erected within or project into or over any public right-of-way or easement, unless otherwise approved by the Mayor and City Council of Ocean City, with review by the Ocean City Development Corporation.

(5)

Signs that are attached to utility poles, trees, fences, benches or other signs.

(6)

Off-premises signs of a commercial nature.

(7)

Portable signs and banners unless otherwise permitted.

(8)

Vehicle signs, as defined and regulated by chapter 66.

(9)

Balloons, kites or other unattended flying device, which are signs, as defined in this article and which are meant to advertise or identify a specific business, project, or event.

(10)

Signs which contain or consist of flashing, blinking, revolving, or rotating lights, unless the sign is giving public service information such as time, date, temperature, weather or similar information. However, these signs are permitted within amusement parks, as defined in this chapter, and on properties with commercial zoning which face the boardwalk (Atlantic Avenue). In such instances, these signs may face the boardwalk (Atlantic Avenue) only. Signs containing flashing, blinking, revolving, or rotating lights which existed prior to the enactment of this article are to be brought into conformity with this article as specified in subsection (f) of this section regarding nonconforming signs.

(11)

Roof signs.

(e)

Permitted signs.

(1)

The following signs are permitted and do not require a permit:

a.

One residential personal identification sign not exceeding four square feet in size.

b.

Temporary real estate signs (such as "for sale") located on the premises and subject to the following conditions:

1.

Signs may not be illuminated.

2.

The number of signs is limited to one per street on which the premises faces, and only one sign may face each street. Signs identifying a unit for sale in a multiple-family development may be placed either on the premises of the unit for sale or in front of the building containing the unit.

3.

The size of signs shall not exceed 16 square feet.

4.

The signs may not exceed 12 feet in height.

5.

Signs must be removed after the sale of the property.

c.

Public or governmental signs.

d.

Temporary political campaign signs placed or erected prior to a federal, state or local election. Such signs must be removed within one week after the election.

e.

Parking lot control signs.

f.

Incidental signs, subject to the following conditions:

1.

No individual sign may be larger than four square feet.

2.

The aggregate of all incidental signs on a property may not exceed 24 square feet.

3.

Signs may not exceed 36 inches in height.

g.

Vending machine signs not exceeding the limits of the machine on which they are located.

h.

Signs located under areas covered by canopies or awnings and within porch areas, and visible primarily to viewers within these areas, with the following conditions:

1.

No sign may be larger than four square feet.

2.

The aggregate of all such signs on a property may not exceed eight square feet.

i.

One A-frame sign per business not to exceed eight square feet in size and four feet in height from grade, on private property (except for city approved in public right-of-way), and may only be out during business hours. A-frame signs may be double sided.

j.

Temporary banners for city permitted special events permitted two days before the event and removed within two days after the event. A maximum of two banners allowed along the building streetside on the face of the building. Each banner may be up to 12 square feet in size.

(2)

The following signs are permitted and require a sign permit:

a.

One sign identifying an approved home occupation not exceeding four square feet.

b.

One bulletin board for a permitted church, school or other noncommercial use or activity, provided it does not exceed 20 square feet and seven feet in height.

c.

Construction signs, provided that such signs shall be limited to one for each firm, each not to exceed six square feet in size and 36 inches in height. All such signs must be removed prior to the issuance of a certificate of occupancy.

d.

Subdivision, project or multifamily development identification signs (temporary). One sign on each street frontage, each sign not exceeding 32 square feet in size and 12 feet in height. These signs may not be erected prior to site plan approval of the projects, and must be removed prior to the issuance of a certificate of occupancy for the development.

e.

Any three of the signs described in subsections (e)(2)e(i) through (iv) of this section.

(i)

Wall signs. A structure may have wall signs with an aggregate size of no more than 1½ square feet for each lineal foot of the length of a wall facing a street or a body of water, but in no case measuring an aggregate of more than 75 square feet. Structures abutting more than one street or body of water may have wall signs, with an aggregate size as described above, for each wall facing a street or body of water. The signs may be distributed on any exterior walls of the structure, and may not be placed so as to exceed the limits of the wall on which they are placed. Hanging signs shall be considered to be wall signs for the purposes of this section and are permitted as part of the aggregate size for wall signs.

(ii)

Projecting signs. One projecting sign per business, no larger than 14 square feet. Buildings on corner lots may have one projecting sign facing each street. No such sign may project more than four feet from any wall. Projecting signs must be a minimum of eight feet above grade, and the maximum height of any projecting sign may not exceed the height of the building to which it is attached or 20 feet above grade, whichever is lower. The Mayor and City Council of Ocean City may approve signs that project over or into public way as regulated by section 66-14 of the Code, after input by the OCDC.

(iii)

Freestanding signs.

1.

One freestanding sign per lot facing each major street that the lot fronts upon (major streets defined in this article as Baltimore Avenue, Philadelphia Avenue, St. Louis Avenue, North Division Street between Philadelphia and Baltimore Avenues, and South First Street between Philadelphia and Baltimore Avenues). Such signs may be no larger than 100 square feet. The maximum height of a freestanding sign may not exceed 20 feet above grade. Lots in the I-1 inlet and DM downtown marine districts which front on the bay may also have one freestanding sign.

2.

The maximum size of freestanding signs may be increased by 50 percent if a monument sign is used. The maximum height of monument signs is six feet above grade.

(iv)

Awnings signs. One awning sign, the size of which shall not exceed 25 percent of the area of the awning. The location of the sign shall not exceed the limits of the awning, and the sign shall only be located on a valance which may be no taller than one foot.

f.

Window signs, which do not cumulatively exceed 25 percent of the aggregate glazed area of the window on which they are placed on the first floor and ten percent on all floors above the first floor.

g.

Shopping centers, as defined in section 110-2, may have one freestanding sign as regulated by subsection (e)(iii)e of this section, and one wall sign or projecting sign for each business as regulated by subsections (e)(i)e and (e)(ii)e of this section.

h.

Hotels and motels are permitted one additional wall sign (in addition to signs permitted elsewhere in this article) to identify accessory uses within the hotel. Accessory uses in this subsection include uses such as restaurants, bars, lounges, shops, meeting and convention facilities. The additional sign may be no larger than 50 percent of the maximum size of a primary wall sign that could be located on the property.

i.

Side street facade signage on building corners located at the boardwalk (Atlantic Avenue) and 3rd Street, south, including 3rd Street, subject to subsections (e)(2)(i) through (v) of this section. Such building corners should be consistent with the boardwalk facades in terms of signage and color, and subject to review under the Downtown Design Guidelines.

(i)

The facade area may include a maximum of the distance of one-half of the side street right of way. The sign area may only be permitted for first floor walls and roofs directly above the first floor.

(ii)

Wall signs, awning signs, and roof signs shall be consistent with the boardwalk facade signage, but shall not exceed five feet per each lineal foot of side street facade length. Such signage may not be higher than 15 feet above floor grade. Roof signs and lettering signs may not be taller than five feet. Such signage cannot block architectural details.

(iii)

Projecting signs shall be consistent with projecting signage facing the boardwalk, especially on corner buildings, but may not be higher than 15 feet above grade.

(iv)

Electronic signs shall not be permitted on side streets.

(v)

Color designs that are consistent with the boardwalk facade may be permitted within these side street wall distances, subject to review under the Downtown Design Guidelines.

(f)

Nonconforming signs.

(1)

Signs which were legally in existence prior to the adoption of the ordinance from which this article is derived, and which do not conform to the provisions of this article, are declared to be nonconforming signs. It is the intent of this section to encourage the eventual elimination of nonconforming signs, since they are of concern with regard to the public health, safety, welfare and community appearance, as are new signs. It is also the intent that any elimination of nonconforming signs be effected so as to avoid unreasonable denial of established property rights.

(2)

All existing signs which are identified in subsection (d) of this section as prohibited signs shall be removed within 90 days of the effective date of the ordinance from which this article is derived or within 90 days from a written notice of violation.

(3)

Any nonconforming sign except those identified in subsection (f)(2) as prohibited signs, and window signs shall be removed, replaced, or made to conform to the requirements of this division when it is:

a.

Changed or replaced with another sign; however, the face or copy of a nonconforming sign may be changed without bringing the sign into conformity, providing such changes are nonstructural in nature.

b.

Structurally altered so as to extend its useful life.

c.

Expanded or enlarged.

d.

Relocated.

e.

Repaired or re-established after damage by more than 50 percent of its value at the time of the damage or destruction.

f.

Modified in any way that would increase the degree of nonconformity.

(4)

Nonconforming window signs which exceed the aggregate window coverage stipulated in subsection (e)(2)f of this section shall be made to conform to the requirements of this section within one year after adoption of the ordinance from which this article is derived, or within 90 days from a written notice of violation.

(5)

Nothing in this section shall prevent ordinary maintenance performed on a nonconforming sign or sign structure.

(6)

All existing unpermitted signs, not otherwise determined to be an existing permitted non-conforming sign, shall be removed, or made to conform with the requirements of this division within 90 days from a written notice of violation.

(Code 1999, § 110-831.27; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2005-23, 8-15-2005; Ord. No. 2014-20, 6-16-2014; Ord. No. 2020-11, 10-5-2020; Ord. No. 2022-24, 11-7-2022; Ord. No. 2024-18, 7-1-2024)

(a)

An important consideration in the implementation of the downtown design overlay zone is the provision of development incentives. Projects that meet the full intent of these guidelines should be rewarded for improving the quality of life in downtown Ocean City.

(b)

These incentives are intended to encourage new development to respect and compliment the "sense of place" that residents and visitors currently enjoy within the downtown area; to preserve this character, common architectural elements, and traditional rhythm of the street setbacks must be encouraged. Buildings with pitched roofs and dormers, generous front porches with columns and compatible colors are critical to this goal. As large development projects become part of the downtown landscape it is equally important to address parking location and the design of buildings over three stories high. The incentive program is voluntary and its benefits are available to any project that meets the intent of these guidelines. Recognizing the impossibility of creating one program to fit all projects, it should be noted that some aspects of this program are subject to review. The following development incentives may be awarded to projects that substantially comply with the downtown design overlay zone regulations.

(1)

Requirements for incentives program.

a.

Front porches with columns and a minimum depth of seven feet. Porches above the third floor may be less than seven feet deep. The arrangement of additional porches and openings on the project facade will be subject to review. Buildings on street corners are expected to wrap porches around the corner on the lower three levels.

b.

Buildings with their front facades along the avenues (excluding Atlantic Avenue) shall follow the rhythm of the street, including a porch zone a minimum of seven feet deep. The fourth and fifth floors of these buildings shall contain an additional porch zone setback of at least seven feet. However, the front building wall must not be less than the front setback requirement of the appropriate zoning district.

c.

Buildings with their front facades along side streets shall follow the rhythm of the street, but a porch may intrude into this front setback area up to seven feet. The fourth and fifth floors shall contain an additional porch zone setback. However, the front building wall must not be less than the front setback requirement of the appropriate zoning district.

d.

Buildings higher than five stories shall have additional upper floor setbacks, subject to review.

e.

Sidewalks shall be a minimum of eight feet wide, where possible, a portion of which may be pervious pavers. There shall be special consideration for widening side street sidewalks for boardwalk fronting properties.

f.

Parking shall be screened from the public right-of-way by landscaping, fencing and/or architectural detailing. A project that faces the Avenues shall have its parking located in the rear of buildings or within the building footprint, so as to appear to be part of the main building.

g.

Pitched roofs may not exceed a slope of 9:12.

(2)

Benefits of incentives program.

a.

Parking:

1.

A portion of a project's on-site residential (not including hotel and motel uses) parking requirement may be satisfied by using tandem (stacked) parking. These tandem parking spaces must be used for the same living unit and no more than one space may be stacked behind another.

2.

Required parking may be reduced to two parking spaces for three-bedroom units, subject to approval by the Mayor and City Council of Ocean City.

3.

To promote first floor commercial uses in appropriately zoned districts, a project will be permitted to satisfy 50 percent of its commercial parking requirements with reduced parking space sizes. Minimum parking space size shall be eight feet by 18 feet. Such commercial uses must be permitted in the district exclusive of residential uses including single-family, multiple-family, two-family, hotel and motel units, cover a minimum of 75 percent of the frontage of a property, and be accessible to the general public.

4.

First floor commercial uses providing a covered walkway may provide one fewer parking space for commercial parking requirements for each 300 square feet of covered walkway area abutting a public street.

5.

Projects may participate in a fee-in-lieu of parking program when enacted by the Mayor and City Council of Ocean City.

b.

Rear yard setbacks may be reduced by up to five feet, subject to the Town of Ocean City's building and fire codes.

c.

A project that provides a pitched roof (no greater than 9:12 pitch) and dormers may use 50 percent of its upper floor area for residential and commercial uses, and an additional 25 percent of its upper floor for on-site employee housing, notwithstanding the definition of building height in section 110-2, unless otherwise prohibited by the building code. Dormers must be of traditional style and must appear to be part of a functioning interior.

d.

Projects containing only residential uses and mixed-use projects that contain 20 residential units or less may request a waiver to loading zone regulations from the Mayor and City Council of Ocean City.

e.

A porch or covered walkway may intrude into a side yard setback. When the side yard abuts a public street, it may intrude up to seven feet into this setback, but may not be placed over the public right-of-way. When the side yard setback abuts an interior lot line it may intrude up to five feet from this side lot line, subject to fire and building codes. In no case shall a porch impede pedestrian access to a required eight-foot-wide sidewalk.

f.

Building height is to be measured from base flood elevation freeboard as established in section 38-71 or grade, whichever is greater.

g.

Front stairways may intrude into the front setback area.

h.

Innovative projects that satisfy the goals of these standards may be allowed more latitude regarding design elements such as roof design, the use of drivit, and the use of treated wood, subject to approval by the Mayor and City Council of Ocean City.

(Code 1999, § 110-831.28; Ord. No. 2002-28, 11-18-2002; Ord. No. 2007-13, 6-4-2007; Ord. No. 2009-8, 5-4-2009; Ord. No. 2014-20, 6-16-2014; Ord. No. 2020-11, 10-5-2020; Ord. No. 2021-23, 12-20-2021)

The purpose of this district is to encourage housing types that meet special design and development criteria, but are constructed in a relatively spacious form without tall buildings and intense use of land. Limited commercial activity is appropriate.

(Code 1999, § 110-841; Ord. No. 2002-28, 11-18-2002)

A building or land in the DR downtown residential district shall be used only for the following purposes:

(1)

Detached, single-family dwellings and townhouses.

(2)

Two-family dwellings.

(3)

Multiple-family residential dwelling units.

(4)

Government offices, services, and public safety facilities.

(Code 1999, § 110-842; Ord. No. 2002-28, 11-18-2002)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Determination by board of zoning appeals, of uses not specified within regulations as a similar use.

(2)

Special parking exception as provided in section 110-94(2).

(3)

Special building moving as specified in section 110-94(4).

(4)

Special yard exceptions as specified in section 110-94(3).

(Code 1999, § 110-843; Ord. No. 2002-28, 11-18-2002)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Small wind energy systems pursuant to the provisions of section 110-883.

(Code 1999, § 110-844; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009)

The following accessory uses shall be permitted in the DR downtown residential district subject to the provisions of article V, division 2, of this chapter:

(1)

Customary accessory structures, incidental to permitted uses.

(2)

Essential services.

(3)

Family day care.

(4)

Home occupation, in accordance with section 110-908.

(5)

Temporary construction buildings and structures.

(Code 1999, § 110-845; Ord. No. 2002-28, 11-18-2002)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit: 2,000 square feet.

(2)

Minimum lot width: 50 feet; except subdivided two-family dwellings and townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided townhouses shall be in accordance with section 110-906.

(6)

Minimum depth of rear yard: Ten feet.

(7)

Maximum building height: Shall be no more than 50 feet; and shall be no more than five stories.

(Code 1999, § 110-846; Ord. No. 2002-28, 11-18-2002)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations.

(Code 1999, § 110-847; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-848; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-849; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-850; Ord. No. 2002-28, 11-18-2002)

The purpose of this district is to provide for an area of commercial uses whose clientele is almost exclusively pedestrians. Existing and future buildings are to be set back from the property lines. Special design criteria and parking requirements are appropriate for this district. Residential development is to continue at relatively high intensity.

(Code 1999, § 110-861; Ord. No. 2002-28, 11-18-2002)

A building or land in the I-1 inlet district shall be used only for the following purposes:

(1)

Antique shops.

(2)

Art shops and galleries.

(3)

Bakeries, retail only.

(4)

Banks and financial institutions.

(5)

Barbershops and beauty parlors.

(6)

Bicycle sales, rentals, repairs and service.

(7)

Boat docks, piers and anchorages.

(8)

Boat sales, rentals and for hire.

(9)

Boat and marine minor repair while boats are in the water.

(10)

Camera and photographic supply stores.

(11)

Candy shops.

(12)

Catering services.

(13)

China and glassware stores.

(14)

Clothing, clothing accessory, wearing apparel stores.

(15)

Coin and philatelic stores.

(16)

Commercial parking lots and garages (three-fourths ton maximum).

(17)

Cultural institutions.

(18)

Delicatessen business.

(19)

Detached single and two-family dwellings.

(20)

Drug stores.

(21)

Employee housing, accessory and non-accessory housing 16 or fewer residents per building or property, subject to the provisions of section 110-886.

(21.1)

Employee housing, accessory and non-accessory housing between 17 and 60 residents per building or property, subject to the provisions of section 110-886.

(22)

Fishing piers.

(23)

Florist shops.

(24)

General retail.

(25)

Gift shops.

(26)

Government offices, services, and public safety facilities.

(27)

Hobby shops for retail sales of items assembled off the premises.

(28)

Hotels, motels, motor lodges, roominghouses, boardinghouses and lodginghouses.

(29)

Jewelry stores, including jewelry and watch repair.

(30)

Leather goods and luggage stores.

(31)

Marina, wet slips.

(32)

Marine supplies and fuel, retail only.

(33)

Multiple-family/townhouse residential dwelling units.

(34)

Museum.

(35)

Music stores/musical instrument sales, rentals, service.

(36)

Nautical shops, retail trade only.

(37)

Restaurants, cocktail lounges, taverns, outdoor cafe dining.

(38)

Seafood market, indoor.

(39)

Shoe sales and repairs.

(40)

Sporting goods stores.

(41)

Tailor shops.

(42)

Tobacco shops.

(43)

Toy stores.

(44)

Travel agencies.

(45)

Convenience/carryout food store.

(46)

Food and beverage stores.

(47)

Offices including business, professional, medical and dental.

(48)

Optical sales and services.

(49)

Physical therapy, health services and fitness centers.

(50)

Studios for artists, photographers, teachers, sculptors and musicians.

(Code 1999, § 110-861.1; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2014-20, 6-16-2014; Ord. No. 2023-12, 7-17-2023)

The following uses are permitted by special exception in accordance with section 110-94:

(1)

Arts, crafts and entertainment activities incidental to the primary use of the premises, within the front yard.

(2)

Clubs and lodges (nonprofit), not on first floor.

(3)

Day care.

(4)

Determination by board of zoning appeals of uses not specified within regulations as a similar use.

(5)

Meeting halls, not on first floor.

(6)

Reserved.

(7)

Radio, television broadcasting station.

(8)

Special building moving as specified in section 110-94(4).

(9)

Special yard exceptions as specified in section 110-94(3).

(10)

Special parking exception as provided in section 110-94(2).

(11)

Special exception of ten percent to building height.

(12)

Temporary tents and promotional activities.

(Code 1999, § 110-861.2; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

The following uses are permitted by conditional use in accordance with article II, division 5, of this chapter:

(1)

Aquariums.

(2)

Nightclubs.

(3)

Theaters and opera houses.

(4)

Utility, private and public, other than essential services.

(5)

Water-related recreational activities.

(6)

Small wind energy systems pursuant to the provisions of section 110-883.

(7)

Miniature golf.

(8)

Employee housing, accessory and non-accessory housing greater than 60 residents per building or property, subject to the provisions of section 110-886.

(Code 1999, § 110-861.3; Ord. No. 2002-28, 11-18-2002; Ord. No. 2009-6, 4-20-2009; Ord. No. 2022-19, 8-1-2022; Ord. No. 2023-12, 7-17-2023)

The following accessory uses shall be permitted in the I-1 inlet district subject to the provisions of article V, division 2, of this chapter:

(1)

Catering services.

(2)

Customary accessory structures incidental to permitted uses.

(3)

Entertainment: indoor and outdoor.

(4)

Essential services.

(5)

Family day care.

(6)

Home occupation in accordance with section 110-908.

(7)

Public telephones in accordance with section 110-905(k)(4).

(8)

Temporary construction buildings and structures.

(9)

Vending machines. Vending machines are permitted subject to the following regulations:

a.

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the downtown design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

b.

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area before June 1, 2003, shall be permitted. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

c.

These restrictions shall not apply to that portion of any property which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding upon and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection 110-605(14)a of this section.

(10)

Outdoor display of merchandise which is clearly incidental to on-premises use for properties located in the downtown overlay and upper downtown overlay zone districts in accordance with section 110-885.

(11)

Employee housing on site.

(Code 1999, § 110-861.4; Ord. No. 2002-28, 11-18-2002; Ord. No. 2004-6, 5-3-2004; Ord. No. 2009-29, 1-4-2010; Ord. No. 2014-20, 6-16-2014)

Bulk regulations are as follows except as otherwise provided in article V, division 2, of this chapter:

(1)

Minimum lot area requirements:

a.

Lot area: 5,000 square feet, except subdivided townhouses shall be in accordance with section 110-906.

b.

Lot area per multiple-family dwelling unit:

1.

For the first two legal lots of record as of January 6, 1986, the single lot requirement applies as follows:

2,999 square feet or less: Maximum two units.

3,000—4,999 square feet: Maximum three units.

5,000—7,250 square feet: Maximum four units.

7,251—10,000 square feet: Maximum six units.

2.

For the first two legal lots created after January 6, 1986, the single lot requirement applies as follows:

5,000—7,250 square feet: Maximum four units for first two lots.

7,251—10,000 square feet: Maximum six units for first two lots.

10,001—14,500 square feet: Maximum eight units.

3.

Projects containing more than two recorded lots shall apply the single lot requirement for the first two lots in accordance with subsections (1)b.1 and 2 of this section; and thereafter, lot area per dwelling unit shall be one dwelling unit per 1,000 square feet of remaining lot area.

4.

Parcels larger than 14,500 square feet: Eight units for first 10,000 square feet of lot area; thereafter, one dwelling unit per 1,000 square feet of lot area.

c.

Lot area per hotel/motel guestroom or suite: 500 square feet.

d.

Lot area per roominghouse, boardinghouse, lodginghouse guestroom: 500 square feet.

e.

No lot area per unit required for on-site employee housing unit.

(2)

Minimum lot width: 50 feet; except subdivided townhouses shall be in accordance with section 110-906.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum depth of front yard: Ten feet.

(5)

Minimum width of each side yard:

a.

Five feet for one-, two- or three-story buildings.

b.

Ten feet for four- or five-story buildings.

c.

Subdivided townhouses shall be in accordance with section 110-906.

d.

A side yard of 20 feet in width adjacent to the water line shall be provided on properties which abut the inlet and/or the Sinepuxent Bay.

(6)

Minimum depth of rear yard:

a.

Ten feet.

b.

A rear yard of 20 feet in width adjacent to the water line shall be provided on properties which abut the inlet and/or the Sinepuxent Bay.

(7)

Maximum building height: Shall be no more than 50 feet; and shall be no more than five stories, except as otherwise provided under special height and yard regulations per section 110-903 for buildings taller than five stories.

(Code 1999, § 110-861.5; Ord. No. 2002-28, 11-18-2002)

Off-street parking spaces shall be provided in accordance with the provisions contained in article V, division 3, of this chapter unless otherwise modified in district regulations.

(Code 1999, § 110-861.6; Ord. No. 2002-28, 11-18-2002; Ord. No. 2014-20, 6-16-2014)

Signs shall be permitted and maintained in accordance with the provisions contained in section 110-880.

(Code 1999, § 110-861.7; Ord. No. 2002-28, 11-18-2002)

Landscaping shall be provided in accordance with the provisions contained in section 110-881.

(Code 1999, § 110-861.8; Ord. No. 2002-28, 11-18-2002)

Site plans are required for all uses in accordance with the provisions contained in article II, division 8, of this chapter.

(Code 1999, § 110-861.9; Ord. No. 2002-28, 11-18-2002)

(a)

The division applies to all land within the upper downtown district, except building facades fronting the boardwalk. The standards address site design, scale, signage, architectural design and landscape design. The standards apply to all construction, unless specifically referenced, including new buildings, rehabilitated buildings, and signs. These upper downtown area design standards are an overlay to the zoning districts of this same area. Whenever these standards conflict with underlying codes and standards, the overlay standards shall supersede. When not specifically referenced, all other city codes and regulations shall apply. The Town of Ocean City may grant special allowances to the requirements outlined within this document to encourage preservation, revitalization, and redevelopment within the area defined by these standards.

(b)

The upper downtown area district encompasses the area within the following locations: On the north: 17th Street west of Philadelphia Avenue to the lagoon west of St. Louis Avenue, and 15th Street from Jacqueline Avenue to the boardwalk; on the east: the boardwalk; on the south: 3rd Street; on the west: the bay, as more particularly designated and distinguished on the zoning district map. Building facades that front the boardwalk are exempt from the design standards of the district, but must adhere to the existing underlying zoning district.

(c)

The purpose of these standards is to encourage development, which exemplifies the best professional design practices so as to enhance the visual quality of the environment, benefit surrounding property values, and prevent poor quality of design. The upper downtown area design standards are intended to guide property owners, builders, architects and engineers in designing projects that will be compatible with and improve the quality of the existing community in which they are sited. However, if a particular project is unable to meet the intent of these standards due to unique project issues, the Town of Ocean City may elect to work with the property owner to ensure the project meets this manual's overall objectives.

(d)

All exterior renovation to existing structures, and new construction of commercial, office, residential, and mixed-use development, shall adhere to these standards. Nonconforming signage shall be brought into compliance in accordance with the schedule described in the Upper Downtown Design Manual, on file in the department of planning and community development.

(Code 1999, § 110-865; Ord. No. 2006-19, 6-5-2006)

Prior to formal review, applicants shall meet with the town's department of planning and community development to discuss the proposed submission. Once submitted to the town's site plan process, the application will follow the regular town review procedures, as defined by sections 110-181 through 110-184. The Ocean City Development Corporation shall be provided an opportunity to comment on all site plans submitted under these standards as part of the development review committee process of the town. Such comments will be forwarded to the department of planning and community development.

(Code 1999, § 110-865.1; Ord. No. 2006-19, 6-5-2006)

(a)

The architectural character of turn of the century Ocean City can best be described as seaside cottage. Although some of these original buildings incorporated elements of Victorian or Queen Anne design into their facades, they remain unique to this area and elegant in their simplicity. To retain this uniqueness and to create a sense of place, these buildings should serve as a model for future development of this area of downtown. Following these regulations and guidelines encourages development and redevelopment that bears resemblance to the early buildings and maintains the scale and more traditional character of this part of town.

(b)

The common characteristics of the seaside cottage style are still apparent today in the many buildings, which remain from that era. These buildings are simple geometric forms of two to four stories topped with pitched roofs. The wide variety of dormers and gable ends which grace these rooflines add to their unique charm. Windows and doors are generally arranged in a symmetrical pattern creating a very balanced facade. The windows are tall, often rising to the ceiling line, to maximize air circulation. The porches are wide and spacious. They are usually lined with rocking chairs and are supported with large white columns either round or square. The columns are connected with rounded railings and square pickets.

(Code 1999, § 110-865.2; Ord. No. 2006-19, 6-5-2006)

(a)

The relationship of buildings to the street creates the outdoor room which defines the neighborhood. It is also important that taller, new buildings be designed to integrate with older, existing buildings. New buildings may be larger than existing traditional structures. However, the height, width and roof design guidelines referenced in the Manual are intended to break up the scale of such larger buildings. Buildings within the neighborhood have a similarity of height with most between two and four stories. However, buildings should be allowed to be constructed to the height permitted in its designated district.

(b)

Required.

(1)

Building mass shall be articulated by varying building volume, roof heights and roof types.

(2)

New construction on two or more lots shall respect traditional building widths by maintaining a similar division of the facade to maintain this progression.

(3)

To ensure that new buildings are compatible with the existing character and scale of the district, such projects shall be organized into visible building increments of no more than 50 feet in width.

(c)

Encouraged.

(1)

The building height of renovated or newly constructed buildings should relate to the character of the neighborhood except in cases where existing structures are in conflict with the design guidelines.

(Code 1999, § 110-865.3; Ord. No. 2006-19, 6-5-2006)

The size, bulk and scale of new buildings should be generally compatible and in scale with adjacent structures in the surrounding neighborhood. However, some variety is encouraged. Where the proposed structure is significantly taller than existing adjacent structures, one or more of the following methods should be used to make the structure compatible:

(1)

Roof types that minimize building mass at the perimeter.

(2)

Architectural treatments such as varying building materials, window size and color.

(3)

Large building facades broken into smaller units.

(Code 1999, § 110-865.4; Ord. No. 2006-19, 6-5-2006)

The facade is literally the face of the building. Windows act as eyes on the street, contributing to street activity and improving safety. Proper detailing of windows and doors contributes to architectural quality, both in the rhythm of these openings, and the detailing of each opening itself.

(1)

Required.

a.

Buildings that occupy more than 50 feet of frontage shall be designed to appear as several smaller but related parts of a larger structure.

b.

Quality materials shall be integrated, especially on the ground floor. Special attention shall be paid to windows and entries.

c.

The general pattern of windows and doors shall follow the traditional rhythm on individual streets.

(2)

Encouraged.

a.

Although architectural styles may vary from building to building, similar combinations of entries and storefronts should be encouraged.

b.

Prohibited.

1.

False windows and doors on first floor facades.

2.

Front walls without window or door openings, unless first floor is parking.

(Code 1999, § 110-865.5; Ord. No. 2006-19, 6-5-2006)

Commercial buildings of downtown are diverse in period, style and materials and show common attributes that should be reinforced and strengthened when the opportunities arise.

(1)

Required.

a.

Storefronts shall be generally traditional in design, with large windows and traditional trim and sign elements.

b.

Regularly spaced windows in the upper facade, with attention to their rhythm and form.

c.

Buildings that contain office and professional uses shall provide window openings and detailed entrances that maintain pedestrian and visual interest along the sidewalk.

d.

Individual shop or tenant spaces shall be expressed on a building's exterior through the rhythm of openings, walls and columns, as well as the careful use of color and material change.

e.

Glass on storefronts shall be transparent, for proper visual merchandising and natural surveillance. First floor windows shall not exceed eight feet in height or ten feet above grade.

(2)

Encouraged.

a.

Appropriately designed and detailed awnings and canopies above the ground floor that provide shade and architectural interest.

b.

Commercial structures that front the street and provide a distinct contrast to the surrounding residential community.

c.

One building entrance should be provided every 25 to 50 feet to encourage a high level of pedestrian activity to the street.

d.

Sidewalk areas or courtyards large enough for merchandise, cafe seating and other lively uses.

(Code 1999, § 110-865.6; Ord. No. 2006-19, 6-5-2006)

(a)

Building design character shall be consistent over the entire building, especially where the building will be visible from publicly accessible areas such as streets, alleys or parking areas. Although details may be simplified, elements such as finish materials and architectural details should be consistent on each building facade.

(b)

When a building abuts a side property line in the interior of the block, and when that building's side wall is likely to remain visible for an extended period of time, the building's exposed facade should reflect a design treatment consistent with the building's established street-front design.

(c)

Corner buildings are considered to have two street-front facades. The corner buildings should be distinctive with rounded or angled corners to facilitate pedestrian flow. Facades shall relate to the scale and massing of buildings on their respective streets.

(d)

On bay front properties, the side of the building facing the bay shall be considered either the front, or street side, of the building, subject to review.

(Code 1999, § 110-865.7; Ord. No. 2006-19, 6-5-2006)

Foundations serve a functional purpose to provide the structural support for buildings. Exposed areas of foundations shall consist of one of the following materials:

(1)

Permitted.

a.

Brick.

b.

Concrete.

c.

Parged cinder block.

d.

Old style rustic block.

(2)

Other materials subject to approval.

(3)

Lattice or screening shall be required between pilings.

(Code 1999, § 110-865.8; Ord. No. 2006-19, 6-5-2006)

Facade standards are intended to preserve the traditional character of the area. The choice of materials for building facades is critical to achieving this goal. The wood shingled and clapboard exteriors of the early buildings add character to the often simple structures that they adorn. The use of these patterns and textures will ensure that new construction is compatible with its older neighbors. When the availability of traditional materials is limited, contemporary materials that provide a traditional appearance and are compatible with the objectives of these guidelines are allowed.

(1)

Permitted.

a.

Horizontal clapboard.

b.

Shingles.

c.

Board and batten in upper story gable ends only.

d.

Wood, fiber cement, or other composite materials, as may be approved by the OCDC.

e.

Heavy gauge vinyl siding (greater than 0.040 inch or thicker).

f.

Brick.

g.

Exterior insulation finished system (i.e., drivit) may be used above fifth story, subject to approval.

(2)

Prohibited.

a.

Aluminum siding.

b.

Light gauge vinyl siding (less than 0.040 inch).

c.

Texture 111 siding.

d.

Diagonal siding.

e.

Split face block.

f.

Exposed salt treated wood.

(3)

Other. All other materials subject to approval.

(Code 1999, § 110-865.9; Ord. No. 2006-19, 6-5-2006)

The general pattern of windows and door openings shall follow the traditional rhythm on individual streets.

(1)

Windows.

a.

Required to be of a generally traditional type (rectangular or square), but open storefronts and unique bays are encouraged. All windows shall be recessed a minimum of two inches from face of building to enhance shadow line around opening.

b.

Encouraged.

1.

First floor windows should be wood framed or composite with a traditional grid.

2.

Windows should be in a vertical or square pattern.

3.

Transoms above windows.

4.

Mullions are encouraged on all windows.

c.

All other window styles subject to approval.

(2)

Doors; primary entries. Primary building entries should be consistent with the chosen architectural style.

a.

Required.

1.

Door materials shall be wood, metal, fiberglass or vinyl.

b.

Encouraged.

1.

Doors that are flanked by columns, decorative fixtures or other details.

2.

Doors that are recessed within a larger arched or cased decorative opening.

3.

Doors that are covered by means of a portico projecting from or set into the building face.

4.

Doors that are punctuated by means of a change in roofline, a tower or break in the surface of the wall.

5.

Transoms above doors.

c.

Prohibited.

1.

Corrugated metal roll down doors visible from a public right-of-way. All other door materials and styles subject to approval.

(3)

Secondary entries. Secondary entries should be enhanced with detailing, trim and finish consistent with the character of the building and the primary entry so they are attractive and easy to identify while remaining visually subordinate to the primary entrance.

(4)

Service entries. Service entries should be designed with simple detailing so as to blend into the surrounding building facade. Where trash or storage areas are located in conjunction with service entries, such areas should be enclosed and screened by the use of design elements that are consistent with the particular style of building.

(Code 1999, § 110-865.10; Ord. No. 2006-19, 6-5-2006)

Porches are a defining element of the area's seaside architecture. They provide a relaxed and shady place where residents and pedestrians can comfortably relate to one another. This interaction creates a vital sense of community. Front porches are encouraged on all residential buildings and hotels.

(1)

Required elements of porch.

a.

Porches shall be a minimum of seven feet deep. Porches above the third floor shall be integrated into the building mass but shall not extend beyond the front building line. These porches may be less than seven feet deep.

b.

Porches shall be supported by large square or round column posts, a minimum of six inches by six inches.

c.

Columns shall be connected by traditional railing with pickets, no higher than 36 inches in height, unless required higher for safety.

d.

Railings and columns shall be wood, metal, vinyl or other approved composite materials.

e.

All railings shall be white or a light trim color compatible to the building.

f.

Pressure treated wood shall be clad in appropriate materials like polyvinyl chloride or fiber cement.

(2)

Encouraged.

a.

Columns and piers should be spaced no farther apart than they are tall.

b.

Open porches may extend into the front setback area up to seven feet.

(3)

Prohibited.

a.

Front porches enclosed by screen, glass, or any other material.

(4)

Other. All other porch designs subject to approval.

(Code 1999, § 110-865.11; Ord. No. 2006-19, 6-5-2006)

Covered walkways on the front of a commercial property allow for a wider walking area as well as a means to provide shade on hot, sunny days. Covered walkways are encouraged on all commercial buildings. Awnings are also encouraged in place of covered walkways.

(1)

Required.

a.

Covered walkways shall be a minimum of seven feet deep.

b.

Covered walkways shall be supported by large (six-inch by six-inch minimum) square or round column posts.

c.

Columns shall be wood, metal, vinyl or other approved composite materials.

d.

Pressure treated wood on a covered walkway, including columns, shall be clad in appropriate materials like polyvinyl chloride or fiber cement.

e.

Covered walkways shall remain open.

(2)

Encouraged.

a.

Open covered walkways may extend into the front or side setback area.

(3)

Prohibited.

a.

Covered walkways enclosed by screen, glass, or any other material.

b.

Railings that will prevent easy pedestrian flow, unless required for safety.

(4)

Other. All other covered walkway designs subject to approval.

(Code 1999, § 110-865.12; Ord. No. 2006-19, 6-5-2006)

Decks and stairs should relate to the mass, scale, placement and detailing of a building and should be consistent with traditional architecture.

(1)

Required.

a.

Open exterior stairs (covered or uncovered by a roof or canopy) located in a front yard shall service the first floor and/or second floor only.

b.

Open exterior stairs (covered or uncovered by a roof or canopy) located above the first floor may be located not more than six feet into a rear yard, subject to fire and building code height.

c.

Railings shall be open in design and shall not exceed the required minimum building code height.

d.

Wood materials such as flooring, edge bands, columns, trim, and railings shall be painted or stained.

e.

All pressure treated wood on exterior stairs and decks visible from a public right-of-way shall be clad in appropriate materials like polyvinyl chloride or fiber cement.

f.

Stairs shall not encroach into a required eight-foot sidewalk.

(2)

Encouraged.

a.

Stairs above the first floor in a rear yard or other permitted area should be integrated within the footprint of the main building to the extent possible. Stairs should be constructed of sturdy materials and should be painted or stained.

(3)

Other. All other decks and exterior stairs subject to approval.

(Code 1999, § 110-865.13; Ord. No. 2006-19, 6-5-2006)

Awnings serve a functional purpose by protecting shop windows and residential rooms from intense direct sunlight.

(1)

Required.

a.

Awnings shall be of a durable, commercial grade fabric, canvas or similar material. Awning frames and supports shall be of painted or coated metal or other non-corroding material.

(2)

Encouraged.

a.

Street level awnings may be continuous.

b.

Brackets and supports should be decorative, preferably of wood or wrought iron, and designed to visually complement the architecture.

(3)

Prohibited.

a.

Glossy finish.

b.

Backlit awnings.

(4)

Other. All other awnings and placement are subject to approval.

(Code 1999, § 110-865.14; Ord. No. 2006-19, 6-5-2006)

Exterior colors play an important role in the way a building and its details are perceived. Color can be used to enhance or draw attention to specific parts of a building such as entries and highlight a building's architectural style. Colors can be used to mask or diminish the visual importance of features such as service entries or storage and trash areas.

(1)

Required.

a.

Primary exterior colors shall be light and muted.

(2)

Encouraged.

a.

Trim and detail colors should provide contrasting accent.

b.

Colors should represent the architectural style of the building.

c.

Materials with natural colors such as brick or copper should be left unfinished, unless there is a compelling reason to the contrary.

d.

Bright or intense colors or very dark colors should be used sparingly and should typically be reserved for more delicate or intricate design elements such as grille work, as well as features such as awnings, signs and flags.

(3)

Other.All other color concepts subject to approval.

(Code 1999, § 110-865.15; Ord. No. 2006-19, 6-5-2006)

Roofs are a defining element of a community's history and character. The most common forms of roof type in this neighborhood are pitched, gabled and hipped roofs.

(1)

Required.

a.

Roofs shall be simple and basic in mass and form.

b.

Roofs shall be gabled or hipped.

c.

Roofs of buildings shall be pitched with an angle no less than six feet to 12 feet and no greater than nine feet to 12 feet. This requirement shall not apply to porches and other appurtenances.

d.

Buildings with frontage that exceed 50 feet shall incorporate changes in roof form or type, which serves to reinforce the expression of the traditional building width. Architectural elements designed to break up rooflines shall replicate traditional features such as dormers and eave detail. They shall appear to be part of a habitable space of proper scale and proportion. Unrelated geometric forms are unacceptable.

e.

Roof-mounted mechanical equipment shall be screened from view by roof forms that are designed as an integral part of the building architecture.

f.

New design shall respect the alignment of neighboring building cornices or rooflines and other horizontal elements.

(2)

Encouraged.

a.

Architectural enhancements should be provided by dormers and decorative trim.

b.

Exposed rafter ends (or tabs) at overhangs.

c.

Gable end brackets.

(3)

Prohibited.

a.

Flat roofs in new development, as described in the Design Manual.

b.

Roof signs.

(4)

Other. All other roof designs subject to approval.

(Code 1999, § 110-865.16; Ord. No. 2006-19, 6-5-2006; Ord. No. 2007-13, 6-4-2007)

(a)

Required.

(1)

Shall be asphalt shingles, metal standing seam, composite shingles, or wood shingles.

(b)

Encouraged.

(1)

Existing flat roofs should be light colored to be generally heat reflective, and may be bituminous, built up or single-ply roofing.

(c)

Other. All other roofing materials subject to approval.

(Code 1999, § 110-865.17; Ord. No. 2006-19, 6-5-2006)

People with special needs should be able to enjoy public and private places. Therefore, it is important to provide access according to the Americans with Disabilities Act (ADA) and the state codes.

(1)

Encouraged.

a.

To avoid duplication, the development of shared handicapped access on neighboring lots.

b.

Floor levels should be similar on neighboring lots.

c.

All ramps on the side of the buildings should have a clear entry from the street.

d.

It is preferable to place handicapped ramps in the side setback area rather than front setback area.

(2)

If handicapped ramp or accessway is not easily visible, signs should direct patrons to the ramp or accessway.

(Code 1999, § 110-865.18; Ord. No. 2006-19, 6-5-2006)

Fences can be an attractive means to separate the public and private sector realms. A fence is a special detail to be included in the traditional style of development for the area. Fencing, garden walls, or hedges are strongly encouraged and should be placed along all unbuilt rights-of-way that abut streets and alleys.

(1)

Required.

a.

Made of wood, metal, or other material as approved.

b.

Painted or stained materials shall be white or light colored.

c.

Traditional, not industrial or institutional.

(2)

Encouraged.

a.

Generally, fences in the front of one's property should not be higher than 36 inches.

b.

Fencing of the rear yard should be higher but not exceed the city regulations for height.

c.

Solid privacy fences are permitted in rear and side yards, but not in front yards.

(3)

Prohibited.

a.

Chainlink.

b.

Barbed wire fencing.

(Code 1999, § 110-865.19; Ord. No. 2006-19, 6-5-2006)

Screening is a valuable tool to hide items that generally are not attractive.

(1)

Required.

a.

Shall be made of wood, synthetic material, or masonry (decorative block, brick, or stone).

b.

Landscaping in front of screening material. Special consideration may need to be made for this requirement in zoning districts that do not have a front yard setback.

(2)

Other. Other materials subject to approval.

(Code 1999, § 110-865.20; Ord. No. 2006-19, 6-5-2006)

Basic design standards for parking lots and spaces are found in section 110-935. Landscaping requirements are found in chapter 30, article VIII. In addition, the following design considerations apply to parking in the downtown:

(1)

Required.

a.

Parking shall be screened from the public right-of-way by landscaping, fencing or architectural detailing. Parking shall be located in the rear of buildings or within the building footprint, so as to appear to be part of the main building. Interior lots shall be provided special consideration for parking layout.

b.

Adequate lighting shall be provided for off-street parking spaces in accordance with section 110-876. The scale and style of lighting fixtures shall be compatible with the overall architectural character of downtown, and should not be taller than 12 feet.

c.

Parking areas abutting public rights-of-way shall be screened by attractive landscaping, fencing, and/or architectural detailing.

(2)

Encouraged.

a.

Where feasible, access to parking lots should be off secondary streets and alleys to minimize vehicular penetration through the commercial street frontage.

b.

Parking areas should be designed to minimize curb cuts.

c.

Permeable alternatives to asphalt and concrete paving are encouraged.

d.

Parking structures should incorporate retail and/or residential uses along the first floor street frontage.

e.

Parking structures should be designed with similar massing and articulation principles as other buildings, including architectural detailing, material change, and stepped back upper floors.

f.

Parking lots and structures should provide pedestrian-scale enhancements, with clearly marked entries and exits and protection from traffic.

(3)

Other. Other parking designs subject to approval.

(Code 1999, § 110-865.21; Ord. No. 2006-19, 6-5-2006; Ord. No. 2017-16, 11-20-2017)

(a)

Avenues. As illustrated in the design manual:

(1)

Wall must be screened at parking level. Acceptable materials for wall include brick, parged concrete or materials similar to those used in the building's facade.

(2)

Acceptable materials for wall must contain coordinating columns and include decorative concrete block.

(3)

Columns, piers, outriggers or brackets must connect the wall and the roof.

(b)

Side streets. As illustrated in the design manual:

(1)

Low wall must be a minimum of three feet zero inches above parking level. Wall should align with the building footprint above. Acceptable materials for wall include brick, parged concrete or materials similar to those used in the building's facade.

(2)

Acceptable materials for infill above wall include lattice, wood slats, wrought iron/vinyl fencing and decorative concrete block.

(3)

Parking space and/or vehicle overhang cannot extend beyond the face of the building footprint.

(Code 1999, § 110-865.22; Ord. No. 2006-19, 6-5-2006)

Alleyways are important access points for deliveries and pickup of items.

(1)

Required.

a.

Projects bordered by two side streets shall provide a service alley connecting the two streets.

(2)

Encouraged.

a.

Service alleys should be provided in the inner blocks of the district and wherever possible.

(3)

Sidewalks.

a.

All sidewalks adjacent to new development (except as provided for in subsection (3)b of this section) shall be a minimum of eight feet in width. Five feet of the sidewalk shall be within the public right-of-way and shall be constructed to town specifications. The three feet of the sidewalk nearest the building shall be on private property and shall be constructed of pervious paving material. The width and location of the sidewalk shall not affect the measurement of any required yard. Sidewalks shall be installed prior to the issuance of a certificate of occupancy.

b.

Sidewalks along the side of a property requiring zero setback are encouraged to be eight feet wide as described in subsection (3)a of this section and as described in section 110-865.27.

(Code 1999, § 110-865.23; Ord. No. 2006-19, 6-5-2006)

Landscape is an important feature to define, unify and enhance development.

(1)

Required.

a.

Landscape shall complement and enhance private buildings, parking areas and frontages.

(2)

Encouraged.

a.

Landscape should screen and/or buffer views of loading, trash areas and service yards.

b.

All areas not devoted to walkways, parking, or structural development should be landscaped and permanently maintained.

c.

All planting area dimensions should be consistent with plant material requirements and the purpose of the planting.

d.

Permanent automatic low water-consuming irrigation facilities should be provided in all landscaped areas.

e.

Project landscaping should consist primarily of drought tolerant and salt-resistant type species and should be compatible with the character of the surrounding architectural style of the structure.

f.

Landscaping and building elements such as trellises and pergolas should be integrated into properties.

g.

Where appropriate, landscape areas should be provided adjacent to building facades and side elevations.

h.

Raised planters designed with wide ledges that provide seating spaces should be provided along pedestrian corridors.

i.

Indigenous landscaping is encouraged to be included in the project landscaping.

(Code 1999, § 110-865.24; Ord. No. 2006-19, 6-5-2006)

The purpose of these regulations is to regulate signs in a fair and comprehensive manner in order to protect the public health, safety, and welfare and to enhance the visual appearance of the district while ensuring the efficient transfer of information. It shall be illegal for a sign to be placed or maintained in this district except as provided for in this chapter.

(1)

In general. The regulation of signs in the neighborhoods is necessary and in the public interest for the following reasons:

a.

To protect the general public from damage or injury caused or partially attributable to signs, which, by reason of their size, location, construction, or manner of display, confuse, mislead, or obstruct the vision necessary for traffic safety.

b.

To provide a pleasing, uncluttered overall environmental setting and community appearance which is deemed vital to tourism and the continued economic attractiveness of this area.

c.

To protect property values within the neighborhood.

d.

To improve the legibility and effectiveness of commercial and governmental signs.

e.

To permit signs appropriate to the stated and planned character of this area.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Awning sign means a sign that is part of or attached to an awning, canopy, or other protective cover over a door, window or entrance.

Banner means a sign intended to be hung with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivision, and other such flags shall not be considered banners.

Bulletin board means a changeable copy sign, which identifies and announces schedules for churches, schools, or other noncommercial use or activities.

Construction sign means a sign, which is located on a construction site during construction denoting the architect, engineer, contractor, subcontractor, builder, lending institution, etc., affiliated with the construction.

Directional sign means a sign, located on-premises, directing traffic movement onto or within the premises.

Freestanding sign means a self-supporting sign resting on or supported by means of poles, standards or any other type of base on the ground.

Government sign. See Public/government sign.

Hanging sign means a sign that hangs from the underside of the roof of a porch or covered walkway.

Incidental sign means a sign whose main purpose is to direct or inform the reader, but not to identify or advertise the primary business, organization, institution, product or service located on the premises. Examples include signs indicating hours of business, entrance, exit, vacancy, office, menus, carryout window, open house, no trespassing, no dumping, garage sale, and yard sale.

Monument sign means a freestanding sign which rests directly on the ground and not on a pole.

Off-premises parking sign means a sign indicating that parking on a parcel or site is restricted to a designated business not located on such parcel or site.

Off-premises sign means a sign advertising an establishment, product, service, or activity, which is not sold, produced, or provided on the specific property on which the sign is located (e.g., billboards).

Parking lot control sign means a sign located within a private or public parking lot, which provides information regarding the users, hours of operation, towing procedures, etc., of the lot.

Political campaign sign means any temporary sign intended to identify a political party, group or candidate or to advertise an election, referendum, meeting or similar local, state, or national political activity.

Portable sign means any sign whose design and/or construction is intended to be of a portable nature, whether anchored, carried, left freestanding, towed, self-propelled or attached to a vehicle or trailer.

Projecting sign means a sign, other than a wall sign, which projects from a structure or building face, including, but not limited to, signs on awnings and marquees.

Public/government sign means a sign erected by a city, county, state, or federal government agency in furtherance of their governmental responsibilities.

Real estate sign means a sign advertising the sale, lease or future use of real estate, placed upon the property so advertised.

Residential personal identification sign means a sign bearing only street or property numbers or names of occupants of premises.

Roof sign means A sign located or erected on or attached to a roof and which extends above the ridge or peak of the roof. Also included is any sign which receives partial or total support from a roof by means of girders, wires, etc., attached to, located or erected on a roof.

Sign means any device, structure, fixture or placard using graphics, symbols, characters or letters which advertises or identifies any business, organization, institution, person, product, service, event or location.

Subdivision, project, or multifamily development identification sign.

Permanent means a sign intended to identify a single-family or multifamily residential development.

Temporary means a temporary sign intended to announce a future development of a project under development.

Temporary business sign means a sign advertising or announcing the initial opening of a business. This is not meant to pertain to a seasonal opening.

Vehicle sign means a sign or advertising device, but not a bumper sticker, which is painted, mounted, affixed or otherwise attached to a vehicle or trailer, which is used for the purpose of providing advertisement of projects and services or directing people to a business, service or other activity.

Vending machine sign means a sign that is part of a vending machine and advertises a product available from the machine on which it is located.

Wall sign means a sign painted on or affixed to and mounted parallel to a building facade or wall in such a manner that the facade or wall becomes the supporting structure for the sign.

Window sign means a sign installed on the inside or outside of a window, which is visible from the sidewalk or street.

(3)

General provisions. Only signs specifically permitted in this chapter are allowed, and all signs must comply with the provisions of this chapter. All permitted signs shall be subject to the following regulations:

a.

No sign may be placed or erected without first having obtained the appropriate permit or approvals, unless a permit is not required by these regulations, with review opportunity from OCDC.

b.

A sign may be illuminated, unless otherwise prohibited, if illumination is confined to the surface of the sign. The sign and illumination shall be located and arranged to avoid glare or reflection onto any public street or sidewalk, into the path of oncoming vehicles, or onto any adjacent property.

c.

Other than permitted temporary signs, all signs must be permanently attached to a structure or anchored to the ground.

d.

All signs shall be constructed or placed in accordance with the pertinent requirements of the adopted building code of Ocean City.

e.

Calculation of sign area. The sign area is the area of the smallest geometric shape or combination of shapes, which enclose the extreme points or edges of the sign. This area does not include supporting structures unless they include graphics, characters or letters, which advertise or identify any business, organization, institution, person, product, event or location.

1.

On a multi-faced sign, the total size of all faces shall not exceed two times the maximum permitted square feet, and no single face shall exceed the maximum permitted square feet.

2.

The area of a sign comprised of individual letters or figures shall be the area of the smallest geometric shape that encompasses all of the letters or figures.

3.

The area of a sign painted upon or applied to a building shall include all lettering, wording, designs and symbols together with any background of a different color or material than the building.

f.

Nothing in this chapter shall restrict the erection or placement of governmental or other public signs.

g.

Amusement places and recreational areas. Signs within these areas, which do not identify or advertise the area as an entity, are exempt from the regulations of this division.

h.

The message displayed by an electronic or computer controlled sign may not change more often than one time each five seconds.

i.

Signs that block water vistas in the public rights-of-way are not permitted unless approved by agreement by Town of Ocean City with input from OCDC.

j.

Signs shall not cover significant architectural detail.

(4)

Prohibited signs. The following signs are prohibited in the upper downtown area and, if in existence as of the date of enactment of the ordinance from which this division is derived, shall be removed or brought into conformity as per the sign amortization schedule.

a.

Signs containing statements, words, or pictures of an obscene, indecent, or immoral character.

b.

Signs which imitate an official traffic sign or signal or which contain the words "stop," "go slow," "caution," "danger," "warning" or similar words.

c.

Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street intersection in accordance with section 66-10.

d.

Signs which are placed or erected within or project into or over any public right-of-way or easement, unless otherwise approved by the Mayor and City Council of Ocean City, with review by OCDC.

e.

Signs that are attached to utility poles, trees, fences, benches or other signs.

f.

Off-premises signs of a commercial nature.

g.

Portable signs and banners unless otherwise permitted.

h.

Vehicle signs, as defined and regulated by chapter 66.

i.

Balloons, kites or other unattended flying device, which are signs, as defined in this chapter and which are meant to advertise or identify a specific business, product, or event.

j.

Signs which contain or consist of flashing, blinking, revolving, or rotating lights, (including electronic or computerized signs), unless the sign is giving public service information such as time, date, temperature, weather or similar information. However, these signs are permitted on properties zoned B-2, LC-1 and R-3 as regulated by subsection (5)b.5.iii(c) of this section. Signs containing flashing, blinking, revolving, or rotating lights which existed prior to the enactment of the ordinance from which this division is derived which do not conform to these regulations are to be brought into conformity with this chapter as specified in subsection (6) of this section regarding nonconforming signs.

k.

Roof signs.

(5)

Permitted signs.

a.

The following signs do not require a permit:

1.

One residential personal identification sign not exceeding four square feet in size.

2.

Temporary real estate signs (such as "for sale") located on the premises and subject to the following conditions:

i.

Signs may not be illuminated.

ii.

The number of signs is limited to one per street, which the premises faces, and only one sign may face each street. Signs identifying a unit for sale in a multiple-family development may be placed either on the premises of the unit for sale or in front of the building containing the unit.

iii.

The size of signs shall not exceed 16 square feet and 12 feet in height.

iv.

Signs must be removed after the sale of the property.

3.

Public or governmental signs.

4.

Temporary political campaign signs placed or erected prior to a federal, state or local election. Such signs must be removed within one week after the election.

5.

Parking lot control signs.

6.

Incidental signs, subject to the following conditions:

i.

No individual sign may be larger than four square feet.

ii.

The aggregate of all incidental signs on a property may not exceed 24 square feet.

iii.

Signs may not exceed 36 inches in height.

7.

Vending machine signs which may not exceed the limits of the machine on which they are located.

8.

Signs located under areas covered by canopies or awnings and within porch areas, and visible primarily to viewers within these areas, with the following conditions:

i.

No sign may be larger than four square feet.

ii.

The aggregate of all such signs on a property may not exceed eight square feet.

b.

The following signs require a sign permit.

1.

One sign identifying an approved home occupation not exceeding four square feet.

2.

One bulletin board for a permitted church, school or other noncommercial use or activity, provided it does not exceed 20 square feet and seven feet in height.

3.

Construction signs, provided that such signs shall be limited to one for each firm, each not to exceed six square feet in size and no higher than three feet. All such signs must be removed prior to the issuance of a certificate of occupancy.

4.

Subdivision, project or multifamily development identification signs (temporary). One sign on each street frontage, each sign not exceeding 32 square feet in size and 12 feet in height. These signs may not be erected prior to site plan approval of the project and must be removed prior to the issuance of a certificate of occupancy for the development.

5.

Any three of the signs described in subsections (5)b.5.i through iv of this section.

i.

Wall signs. A structure may have wall signs with an aggregate size of no more than 1½ square feet for each lineal foot of the length of a wall facing a street or body of water, but in no case measuring an aggregate of more than 75 square feet. Structures abutting more than one street or body of water may have wall signs, with an aggregate as described above, for each wall facing a street or body of water. The signs may be distributed on any exterior walls of the structure, and may not be placed so as to exceed the limits of the wall on which they are placed. Hanging signs shall be considered to be wall signs for the purposes of this section and are permitted as part of the aggregate size for wall signs.

ii.

Projecting signs. One projecting sign per business, no larger than six square feet. Buildings on corner lots may have one projecting sign facing each street. No such sign may project more than three feet from any wall. Projecting signs must be a minimum of eight feet above grade, and the maximum height of any projecting sign may not exceed the height of the building to which it is attached or 15 feet above grade, whichever is lower. The Mayor and City Council of Ocean City must approve signs that project over or into a public way or the boardwalk as regulated by section 66-14.

iii.

Freestanding signs.

(a)

One freestanding sign per lot facing each major street that the lot fronts upon (major streets defined in this division as Baltimore Avenue, Philadelphia Avenue and St. Louis Avenue). Such signs may be no larger than 100 square feet. The maximum eight of a freestanding sign may not exceed 20 feet above grade.

(b)

The maximum size of freestanding signs may be increased by 50 percent if a monument sign is used. The maximum height of monument signs is six feet above grade.

(c)

One electronic or computer sign shall be permitted in commercial and R-3 districts. Their signboards must not exceed 32 square feet. The message displayed by such signs may not change more often than one time each five seconds.

iv.

Awning signs. One awning sign, the size of which shall not exceed 25 percent of the area of the awning. The location of the sign shall not exceed the limits of the awning and the sign shall only be located on a valance, which may be no taller than one foot.

v.

Window signs. Window signs, which do not cumulatively exceed 25 percent of the area of the window on which they are placed.

vi.

Shopping centers. Shopping centers, as defined in section 110-2, may have one freestanding sign as regulated by subsection (5)b.5.iii(c) of this section, and one wall sign or projecting sign for each business as regulated by subsections (5)b.5.iii(a) and (b) of this section and shall provide a uniform signage plan for approval.

vii.

Hotels and motels. Hotels and motels are permitted one additional wall sign (in addition to signs permitted elsewhere in this chapter) to identify accessory uses within the hotel.

Accessory uses in this subsection include uses such as restaurants, bars, lounges, shops, meeting and convention facilities. The additional sign may be no larger than 50 percent of the maximum size of a primary wall sign that could be located on the property.

viii.

Off-premises parking lot signs. Off-premises parking lot signs shall not exceed ten feet in height when placed behind a fence and the placement of such signs shall be limited to one street frontage.

(6)

Nonconforming signs.

a.

Signs, which were legally in existence prior to the adoption the ordinance from which this division is derived, which do not conform to the provisions of this division are declared nonconforming signs. It is the intent of this section to encourage the eventual elimination of nonconforming signs, since they are of concern with regard to the public health, safety, welfare and community appearance just as are new signs. It is also the intent that any elimination of nonconforming signs be effected so as to avoid unreasonable denial of established property rights.

b.

1.

All existing signs, which are identified in subsection (4) of this section as prohibited signs shall be removed within 90 days of the effective date of the ordinance from which this division is derived, or within 90 days from a written notice of violation.

2.

Signs which obstruct the view in any direction at a street intersection in accordance with section 66-10 shall be removed within six months of June 20, 2016 or within 90 days from a written notice of violation.

3.

Signs described in subsections (4)j and (4)k of this section (i.e., signs containing flashing, blinking, revolving or rotating lights and roof signs), which must be removed within 18 months of June 20, 2016, or within 90 days from a written notice of violation.

4.

All existing unpermitted signs, not otherwise determined to be an existing permitted non-conforming sign, shall be removed, or made to conform with the requirements of this division within 90 days from a written notice of violation.

c.

Any nonconforming sign except those identified in subsection (6)b as prohibited signs shall be removed, replaced, or made to conform to the requirements of this division when it is:

1.

Changed or replaced with another sign; however, the face or copy of a nonconforming sign may be changed without bringing the sign into conformity, providing such changes are nonstructural in nature.

2.

Structurally altered so as to extend its useful life.

3.

Expanded or enlarged.

4.

Relocated.

5.

Repaired or re-established after damage by more than 50 percent of its value at the time of the damage or destruction.

6.

Modified in any way that would increase the degree of nonconformity.

d.

Nonconforming window signs that exceed the aggregate window coverage stipulated in subsection (5)b.5.v of this section shall be made to conform to the requirements of this section within one year after adoption of the ordinance from which this division is derived, or within 90 days from a written notice of violation.

e.

Nothing in this section shall prevent ordinary maintenance performed on a nonconforming sign or sign structure.

(Code 1999, § 110-865.25; Ord. No. 2006-19, 6-5-2006; Ord. No. 2016-12, 7-5-2016; Ord. No. 2022-24, 11-7-2022; Ord. No. 2024-18, 7-1-2024)

Vending machines are permitted subject to the following regulations:

(1)

A premises may have the greater of two vending machines, or one vending machine per 75 linear feet of street frontage along each street, with the machines fronting said street. Vending machines shall be placed binding upon and touching a building and may not block any doorway, window, architectural detail, or corner visibility. Groupings of three or more vending machines may be permitted provided they are located within an enclosure meeting the design standards. There shall be no restriction on the number of vending machines that are not visible from a public way.

(2)

Vending machines shall not be placed closer than three feet from any public right-of-way except where the existing building will not permit this setback. One existing vending machine per premises located in this setback area as of September 15, 2006, shall be permitted to remain. Vending machines shall be placed binding upon and touching a building and may not encroach into the public right-of-way.

a.

These restrictions shall not apply to that portion of any property which fronts upon the east and west sides of Atlantic Avenue (the boardwalk), except machines shall be placed binding and touching a building. Vending machines on east-west side streets of properties that also front the boardwalk shall be regulated by subsection 110-605(14)a.

b.

Approved vending machine enclosures are illustrated in the design manual.

(Code 1999, § 110-865.26; Ord. No. 2006-19, 6-5-2006)

These incentives are intended to encourage new development to respect and compliment the sense of place that residents and visitors currently enjoy within the downtown area. To preserve this character, common architectural elements, and traditional rhythm of the street setbacks must be encouraged. Buildings with pitched roofs and dormers, generous front porches with columns and compatible colors are critical to this goal. As large development projects become part of the downtown landscape it is equally important to address parking location and the design of buildings over three stories high. The incentive program is voluntary and its benefits are available to any project that meets the intent of these regulations and guidelines. Recognizing the impossibility of creating one program to fit all projects, it should be noted that some aspects of this program are subject to review. The following pages describe the requirements and benefits for participation in this incentive program.

(1)

Requirements for incentives program.

a.

Front porches with columns and a minimum depth of seven feet deep. Porches above the third floor may be less than seven feet deep. The arrangement of additional porches and openings on the project facade will be subject to review. Buildings on street corners are expected to wrap porches around the corner on the lower three levels.

b.

Buildings with their front facades along the avenues (excluding Atlantic Avenue) shall be set back ten feet, followed by a porch zone of a minimum of seven feet. The fourth and fifth floors of these buildings shall contain an additional porch zone setback of at least seven feet.

c.

Buildings with their front facades along side streets shall follow the rhythm of the street and shall be setback ten feet, but the porch may intrude within this front setback area up to seven feet. The fourth and fifth floors of this building shall contain an additional porch zone setback of at least seven feet.

d.

Buildings higher than five stories shall have additional upper floor setbacks, subject to review.

e.

Buildings that are less than five stories are required to have a pitched roof, but taller buildings may have other roof designs, as approved.

f.

Sidewalks shall be a minimum of eight feet wide, where possible, with a portion of which may be pervious pavers. There shall be special consideration for widening side street sidewalks for boardwalk fronting properties.

(2)

Benefits of incentives program.

a.

Parking.

1.

A portion of a project's on-site residential parking requirement may be satisfied by using tandem (stacked) parking. These tandem parking spaces must be used for the same living unit, and no more than one space may be stacked behind another.

2.

A reduction of parking to two parking spaces for three bedroom units, subject to approval by the Mayor and City Council of Ocean City.

3.

To promote first floor commercial uses in appropriately zoned districts, a project will be permitted to satisfy 50 percent of its commercial parking requirements with reduced parking space sizes. Minimum parking space size shall be eight feet by 18 feet.

4.

First floor commercial uses providing a covered walkway can provide one less parking space for commercial parking requirements for each 300 square feet of covered walkway area abutting a public street.

5.

Projects may participate in a fee-in-lieu of parking program when approved by the Mayor and City Council of Ocean City.

b.

Five-foot reduced rear setback subject to approval of the Town of Ocean City fire department.

c.

A project that provides pitched roofs and dormers will be allowed to use 50 percent of its upper floor footprint for residential and commercial uses, and an additional 25 percent of its upper floor footprint for accessory employee housing, notwithstanding the definition of building height in section 110-2, unless otherwise prohibited by the building or housing code. Dormers must be of traditional style and must appear to be part of a functioning interior. Roof design and construction must meet the standards set forth in section 110-865.16 and section 110-865.17.

d.

Projects containing only residential uses are not required to provide a loading zone. Mixed-use projects that contain 20 residential units or less are also not required to provide a loading zone.

e.

A building's porch or covered walkway may intrude into its side yard setback. When the side yard abuts a public street, it may intrude up to seven feet into this setback, but may not be placed over the public right-of-way. When the side yard setback abuts an interior lot line it may intrude up to five feet from this side lot line and be subject to review by the fire marshal. In no case shall a porch impede pedestrian access to a required eight-foot-wide sidewalk.

f.

Building height to be measured from base flood elevation, freeboard as established in section 38-71 or grade, whichever is greater.

g.

Front stairways may intrude into the front setback area.

h.

To promote mixed use development, accessory uses within the R-2 medium residential district and R-3A moderate residential district are permitted when project abuts the east and west sides of Philadelphia Avenue and Baltimore Avenue.

i.

Restaurant uses within a motel or hotel building which contains 20 or more guestrooms or suites which may contain no more than 50 square feet of public floor area (dining area) per each motel/hotel or suite within the building.

(Code 1999, § 110-865.27; Ord. No. 2006-19, 6-5-2006; Ord. No. 2007-13, 6-4-2007; Ord. No. 2021-23, 12-20-2021; Ord. No. 2023-21, 1-16-2024)