Every building hereafter erected, reconstructed, converted, enlarged, moved or structurally altered shall be located on a lot of record.

(Code 1999, § 110-871; Ord. No. 1993-1, § 105-5.2, 1-19-1993)

The minimum yards, height limits, parking spaces and open spaces, including lot area per dwelling unit, required by this chapter for each and every building existing at the time of passage of the ordinance from which this chapter is derived or for any building hereafter erected, reconstructed, converted, enlarged, moved or structurally altered shall not be encroached upon or considered as required yard or open space for any other building, except as herein provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

(Code 1999, § 110-872; Ord. No. 1993-1, § 105-5.3, 1-19-1993)

No accessory building shall be constructed upon a lot more than six months prior to beginning construction of the main building. No accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction.

(Code 1999, § 110-873; Ord. No. 1993-1, § 105-5.4, 1-19-1993)

Two or more contiguous lots in the same use district under single ownership and committed to one project may be considered as a single lot for the purposes of calculating minimum lot and yard requirements, provided that lots are deed restricted for use only as a unit. Lots in the same block separated by an alley may be considered to be contiguous if 50 percent or more of the lots, if extended across the alley, front each other.

(Code 1999, § 110-874; Ord. No. 1993-1, § 105-5.6, 1-19-1993)

Whenever reference is made in this chapter to any other ordinance, chart, table, schedule or regulation which itself is not copied herein, a copy of such ordinance, chart, table, schedule or regulation shall be kept on file in the department and shall be available for inspection and reference.

(Code 1999, § 110-875; Ord. No. 1993-1, § 105-5.7, 1-19-1993)

(a)

Purpose. The purpose of this section is to protect the public health, safety and welfare and to reduce problems caused by improperly designed and installed outdoor lighting by establishing regulations limiting the intensity and location of outdoor lighting. These regulations are intended to reduce light trespass on neighboring properties, reduce dangerous glare on streets, promote energy efficient lighting design and operation, and improve the view of the night sky, while ensuring that adequate light is provided for visibility and security.

(b)

Applicability. These regulations shall apply to all luminaires installed on private property after the date of adoption. This section shall not apply in the downtown design overlay zone.

(c)

Nonconforming lighting. Luminaires lawfully installed prior to the adoption of the ordinance from which this chapter is derived that do not meet the requirements of this chapter are nonconforming and may continue to be used. A nonconforming luminaire shall be made to conform with the requirements of this chapter when:

(1)

It is deemed by the town to pose a safety hazard.

(2)

It is replaced by another luminaire, abandoned or relocated.

(3)

There is a change of use of the property.

(d)

Lighting standards (general).

(1)

Generally, all outdoor lighting shall be controlled and focused within the property lines of the premises to minimize light trespass and glare onto adjoining properties.

(2)

Outdoor lighting may not exceed 0.2 footcandle measured at the light-generating property line. This subsection does not apply to a property line that separates two or more lots or parcels in the same block under common ownership, to waterfront properties, or to a property line fronting a public right-of-way (see special applications in subsection (e) of this section).

(3)

All exterior lighting shall be fully shielded and aimed in such a manner that all light is projected below the horizontal except as provided for in "special applications" in subsection (e) of this section.

(4)

Up-lighting should be avoided to minimize light pollution of the night sky and to prevent light trespass and glare onto nearby properties.

(5)

NFPA Life Safety Code. The illumination requirements of the NFPA Life Safety Code regarding means of egress and emergency lighting shall supersede the requirements of these regulations when a conflict exists.

(e)

Lighting standards (special applications).

(1)

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast food/bank/drugstore drive-ups, and covered ground floor parking areas visible from off the property, shall use flush mounted, recessed, or fully shielded luminaires aimed straight down. The maximum illumination shall not exceed 30 footcandles.

(2)

Lighting of vertical surfaces such as facades, landscaping, signs, flags and displays shall be shielded and shall be installed and aimed so as not to project their output onto nearby buildings and properties, past the object being illuminated, skyward, or onto a public right-of-way.

(3)

Bayfront and oceanfront lighting. Lighting on open bayfront or oceanfront areas are not subject to the 0.2 footcandle restriction at the waterfront property line. However, the light source must be shielded from view by nearby properties.

(4)

Property lines abutting public rights-of-way. Outdoor lighting may not exceed 2.0 footcandles measured at the light-generating property line unless a higher measurement is caused by a streetlight.

(5)

Illumination levels for other special applications may exceed the standards in subsections (d) and (e) of this section with approval by the appropriate approval authority (planning commission or zoning administrator) when higher minimum illumination is recommended by the Illuminating Engineering Society of North America (IESNA).

(f)

Exceptions. The requirements of this section shall not apply to the following:

(1)

Public street lighting.

(2)

Temporary lighting for public infrastructure construction or repair projects.

(3)

Temporary emergency lighting needed by police, fire, or other emergency responders.

(4)

Temporary holiday lighting.

(5)

Temporary outdoor lighting. The Mayor and City Council of Ocean City may approve temporary outdoor lighting that is not in conformance with this section for a period of not more than three consecutive days, and not more than four times in any calendar year on any property. In considering such requests, the Mayor and City Council of Ocean City shall consider the public and/or private benefits that will result from the temporary lighting, and any annoyance or safety problems that may result from the temporary lighting.

(6)

Luminaires producing 1,000 initial lumens (roughly equivalent to a 75 watt incandescent lamp) or less may be unshielded provided the property line footcandle limitations are met.

(g)

Prohibited lights. The following types of exterior lights are prohibited:

(1)

Laser-source lights, strobe lights and similar high intensity flashing or pulsating lights, except as required by any government law, rule or regulation.

(2)

Searchlights used for advertising, entertainment, or to attract attention to a location.

(3)

Lights producing glare that adversely affects the visibility of motorists on public streets.

(h)

Lighting plans. A lighting plan shall be submitted with an application for site plan approval. The plan shall be of sufficient detail to enable the proper approval authority (planning commission or zoning administrator) to determine compliance with these regulations, and shall include at a minimum a photometric plan showing the intensity of illumination at ground level expressed in footcandles throughout the property, including on all property lines.

(Code 1999, § 110-876; Ord. No. 1993-1, § 105-5.9, 1-19-1993; Ord. No. 1999-7, 3-15-1999; Ord. No. 2011-24, 7-18-2011)

The moving of buildings from one location to another within Ocean City or into Ocean City from any other location is permitted only as a special exception to this chapter as provided in section 110-94. The moving of buildings from one location to another within Ocean City or into Ocean City from any other location is otherwise prohibited, and no person shall move or cause to be moved any building from one location to another within Ocean City or into Ocean City from any other location without first having obtained such a special exception.

Notwithstanding anything to the contrary herein stated, this section does not apply to newly constructed industrialized or manufactured single-family homes, which do not need such a special exception.

(Code 1999, § 110-877; Ord. No. 1993-1, § 105-5.10, 1-19-1993)

The subdivision or resubdivision of land shall be in accordance with the regulations of this chapter and chapter 78.

(Code 1999, § 110-878; Ord. No. 1993-1, § 105-5.11, 1-19-1993)

The use of any property, building, structure or part thereof for an off-track betting parlor or pari-mutuel satellite simulcast facility for wagering, betting or gambling purposes is prohibited in every district.

(Code 1999, § 110-879; Ord. No. 1993-1, § 105-5.13, 1-19-1993; Ord. No. 1994-10, 5-16-1994)

(a)

Except as specifically provided in this chapter, the general sign regulations, including definitions, sign area and types, structural and electrical features, content, location, permits, fees and all other particulars regarding signs, shall be as required by the sign regulations in chapter 66.

(b)

Whenever there is conflict between this chapter and chapter 66, chapter 66 shall control.

(Code 1999, § 110-880; Ord. No. 1993-1, § 105-29.1, 1-19-1993)

(a)

Except as specifically provided in this chapter, the general landscaping requirements and regulations, including definitions, landscape area and types, content, location and all other particulars regarding landscaping, shall be as required or regulated by chapter 30, article VII.

(b)

Whenever there is a conflict between this chapter and chapter 30, article VII, chapter 30, article VII shall control.

(Code 1999, § 110-881; Ord. No. 1993-1, § 105-30.1, 1-19-1993; Ord. No. 2017-16, 11-20-2017)

(a)

Except as specifically provided in this chapter, the general environmental requirements and regulations, including definitions, content, location and all other particulars regarding the environment, shall be as required or regulated by the environment regulations in chapter 30.

(b)

Whenever there is conflict between this chapter and chapter 30, chapter 30 shall control.

(Code 1999, § 110-882; Ord. No. 2003-19, 8-4-2003)

(a)

Small wind energy systems are subject to the use restrictions of the various zoning districts throughout the town.

(b)

Provisions, regulations, and conditions for small wind energy systems are as follows:

(1)

Maximum rated capacity. More than one small wind energy system may be placed on a property; however, the combined rated capacity of all systems on a property may not exceed 100 kilowatts in the following districts: R-2A, R-2, R-3A, R-3, BM-1, DM, LC-1, SC-1, BMUD, B-1, BC-2, MDX, M, P/G-1, DR, I-1. The combined rated capacity of all small wind energy systems may not exceed ten kilowatts in the R-1 and MH districts.

(2)

Minimum yard requirement (setback). The base of the tower shall be set back from all adjacent property lines, public rights-of-way, and public utility lines a distance equal to 1.1 times the total height. A turbine may be located closer to a property line if the abutting property owner grants appropriate easements. Properties located on open waterfront may locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies. Notwithstanding the provisions of section 110-95, a variance to the setback from adjacent property lines may not be granted by the board of zoning appeals.

(3)

Total height. There shall be no specific height limitation, except as may be imposed by Federal Aviation Administration (FAA) regulations, as long as the total height meets setback requirements.

(4)

Noise. Sound produced by the system under normal operating conditions, as measured at the property line, shall not exceed 55 dBA. This sound level may be exceeded during short-term events such as utility outages and/or severe windstorms.

(5)

Appearance. Wind turbines shall be painted in a non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community.

(6)

Compliance with International Building Code. Systems must obtain a building permit and must comply with all applicable requirements of the International Building Code. A manufacturer's specification sheet including a photograph of the system shall accompany the application for the building permit.

(7)

Inspections. A final inspection of the installation, including an electrical inspection, is required before a system may be activated.

(8)

Requirement for engineered drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the system and stamped engineered drawing of the tower, base, footings, and/or foundation (with consideration given to specific soil conditions) as provided by the manufacturer. Wet stamps shall not be required.

(9)

Compliance with Federal Aviation Administration Regulations. Small wind energy systems must comply with FAA regulations described in FAR part 77 of the FAA guidance on airspace protection.

(10)

Compliance with National Electrical Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation confirms to the National Electrical Code. Wiring and power lines shall be wireless or underground whenever possible.

(11)

Net energy metering. Small wind energy systems connected to the utility grid must comply with the Maryland Net Metering Laws (Ann. Code of Md., Public Utilities article, § 7-306).

(12)

Public service commission. A property owner seeking to install a small wind energy system must comply with all requirements of the state public service commission and provide written documentation of such with the building permit application.

(13)

Unsafe or abandoned systems. If a system is found to be unsafe by the building official, the system must be repaired and made code compliance within 30 days of notification of the property owner. A system that is unused or abandoned for a period of more than 12 months shall be ordered by the building official to be made operational or removed within 30 days of such order.

(14)

Signage. No signs or advertising shall be displaced on any part of a system, other than the manufacturer or installer's identification and appropriate safety warning signs.

(15)

Lighting. No illumination of the system shall be permitted unless required by the FAA, or unless the tower is also used for street or parking lot lighting, or some similar compatible use.

(16)

Safety. Towers shall not be equipped with steps or other devices to allow or assist climbing up to 12 feet above ground level. Appropriate warning signs shall be displayed on the system.

(Code 1999, § 110-883; Ord. No. 2009-6, 4-20-2009; Ord. No. 2014-18, 6-2-2014)

(a)

Properties displaying merchandise outdoors fronting the boardwalk shall be subject to the following:

(1)

An annual display permit, issued by the zoning administrator, is required for outdoor display of merchandise. It is required that the display permit application be reviewed for recommendation by the OCDC Boardwalk Committee (BC) Review Committee. The BC review committee shall consist of five persons, recommended by the BC, to be appointed by the Mayor and City Council of Ocean City. Two committee members shall be representative of boardwalk retail merchants, with a quorum required of three members. If the BC review committee recommends against the issuance of the display permit, it shall state, in writing, to the zoning administrator, the reasons for the unfavorable recommendation. Upon review by the zoning administrator, the zoning administrator may grant or deny the display permit. Any applicant aggrieved by the decision of the zoning administrator may file an appeal to the board of zoning appeals as set forth in this chapter.

(2)

A copy of the approved plans for display of merchandise must be conspicuously displayed on the premises.

(3)

No merchandise, signs or other items shall encroach into the boardwalk right-of-way (property line) other than as allowed by other provisions of this Code.

(4)

Framed merchandise such as decals or t-shirts, is to be treated as outdoor display, not signage. The square footage of these panels is counted toward the total square footage allowed for outdoor display. The total amount of wall merchandise may not exceed 30 percent of exterior walls. The boards may not exceed ten feet in height. These display boards do not require sign permits as they are considered merchandise of outdoor display.

(5)

Display areas may be utilized for certain activities such as a caricaturist, henna tattoo artist, hair wraps and the like. Square footage of amenity displays (henna, hair wraps, etc.) is considered part of the outdoor display and counts toward the allowable display square footage. Display boards showing examples of designs are considered display of merchandise and count toward allowable square footage.

(6)

Properties fronting the boardwalk south of 3rd Street are allowed 30 percent of the total wall space or pad space in aggregate for display.

(7)

Properties fronting the boardwalk north of 3rd Street are allowed outdoor display of merchandise based on 30 percent of the pad area measured ten feet distance from the property line adjacent to the boardwalk to the face of the main building by the width of the pad in front of the main building.

(8)

Decorative and functional amenities are allowed and encouraged in the ten-foot area abutting the boardwalk to enhance the display and the boardwalk experience. These amenities may include live plantings (no plastic or silk plantings), and attractive seating such as benches and chairs for the comfort of the visitors. The amenities must be well maintained throughout the entire season.

(9)

All approved display areas shall be clearly delineated on the pad surface with some type of permanent markings that can be easily identified by enforcement personnel. The various display areas outlined above shall be arranged in such a manner to avoid clutter.

(10)

No display may exceed five feet in height, except other items deemed appropriate by the BC such as surfboards, windsocks, kites, sunglass racks which are manufactured at six feet, and open umbrellas of six feet, eight inches clearance from grade, used to protect merchandise display from sun damage.

(11)

Items displayed shall be representations of the greater range of products within the store. Only items sold inside the store may be displayed outside.

(12)

Display stands, boxes, bins, clothes poles, racks, hermit crab cages, sunglass racks, etc., shall be of uniform size, type and materials to create an attractive and cohesive shopping district.

(13)

All merchandise displayed outside must be able to be placed inside the store during inclement weather, and the store must continue to meet life safety regulations in order to remain open, if the merchandise is displayed inside.

(14)

All display, including display racks and bins, shall be moved inside the store when the store is not open for business.

(15)

The entire display pad/floor surface shall be maintained and kept cleaned regularly.

(16)

Graffiti shall be removed from the premises in accordance with section 302-9, Defacement of property, of the 2006 International Property Maintenance Code.

(17)

All coin-operated vending machines shall be kept in compliance with section 110-335(6).

(18)

All sales registers and sales transactions shall be located and conducted within the enclosed building.

(19)

No business may create a barrier between businesses by using merchandise or signage to inhibit the flow of traffic from one business to another. There must be a 24-inch walkway between businesses.

(20)

Each store is allowed one A-frame sign for each 25 linear feet of store frontage facing the boardwalk. The A-frame signs may not exceed 17.5 square feet on each side and nothing may be attached to the A-frame that extends above, on the edges, or extends beyond the frame. The A-frame may not exceed 60 inches in height including the legs. Signs may be two sided. A-frame signs will not require a separate sign permit. They will be part of the display permit but will not be deducted from the allowed display area. A-frame signs shall be professionally constructed and lettered.

(21)

A-frame signs which are part of the display shall be removed when the business is not open for business.

(22)

All other signage shall obtain necessary sign permits.

(23)

Prohibited items: unclothed mannequins; promotion of alcohol and cannabis, illegal drugs and paraphernalia, tobacco products, firearms, knives, offensive adult materials, products containing or displaying profanity, sexually explicit messages, or obscenity, sound amplification arranged or directed towards the outdoors and/or located outdoors; and flashing lights.

(b)

Restaurants, hotels/motels and amusements shall be subject to the following outdoor display guidelines:

(1)

Handwritten signs shall be limited to incidental signs describing or identifying menus, carry-out windows, hours of operation, entry/exit, vacancy, office, and the like;

(2)

No hanging displays or signs shall be placed on benches, railings or fences;

(3)

One A-frame sign, not to exceed 17.5 square feet for every 25 linear feet of boardwalk storefront frontage shall be permitted, not to exceed two A-frames per storefront;

(4)

Wall signs not to exceed 30 percent of exterior walls are permitted;

(5)

Enclosures must be well maintained and pad to be maintained regularly; and

(6)

Graffiti shall be removed from the premises in accordance with section 302.9, Defacement of property, of the 2006 International Property Maintenance Code.

(c)

Outdoor displays as described in sections (a) and (b) shall be subject to the following enforcement procedures:

(1)

The business owner may be issued a municipal infraction with a fine of $500.00 for the initial violation. A letter and copy of the citation will be sent to the property owner.

(2)

The business owner may be issued a municipal infraction with a fine of $1,000.00 for the second violation.

(3)

The business owner may be issued a municipal infraction with a fine of $1,000.00 for a third violation. The display permit and the ability to display shall be suspended for two weeks beginning the day after the third violation. A confirmation letter of the suspension and a copy of the citation will be sent to the property owner. The business owner must remove the outdoor display completely within 24 hours of receiving the suspension letter.

(4)

Any further violations shall result in additional municipal infractions and shall result in the revocation of the outdoor display permit and revocation of the ability to display for four months. The business owner must remove the outdoor display completely within 24 hours of receiving the revocation letter. After four months, the business owner may apply for a new one-year outdoor display permit provided the business owner is in compliance with subsection (5) below.

(5)

No business owner shall be issued/re-issued an outdoor display permit if the business owner has any outstanding, unpaid, municipal infractions.

(6)

Failure to abide by the requirements set forth in this section may result in the suspension or revocation of the violator's business license as set forth in section 14-38.

(Code 1999, § 110-884; Ord. No. 2009-7, 5-4-2009; Ord. No. 2009-28, 1-4-2010; Ord. No. 2011-1, 2-22-2011; Ord. No. 2015-08, 4-6-2015; Ord. No. 2024-17, 6-17-2024; Ord. No. 2024-20, 8-19-2024)

(a)

An annual display permit, issued by the zoning administrator, is required for outdoor display of merchandise. It is required that the display permit application be reviewed for recommendation by the Ocean City Development Corporation (OCDC) Review Committee. If the OCDC Review Committee recommends against the issuance of the display permit, it shall state, in writing, to the zoning administrator the reasons for the unfavorable recommendation. Upon review by the zoning administrator, the zoning administrator may grant or deny the display permit. Any applicant aggrieved by the decision of the zoning administrator may file an appeal to the board of zoning appeals as set forth in this chapter.

(b)

Properties displaying merchandise outdoors shall be subject to the following:

(1)

Exterior merchandise to be displayed must be items sold by the established business.

(2)

All sales registers and sales transactions shall be located and conducted within the enclosed building.

(3)

No outdoor display will be allowed to be set on or over public right-of-way without prior approval of the City Council.

(4)

Outdoor display may only occur during the retail establishment's normal hours of operation. All display, including display racks and bins, shall be moved inside the store when the store is not open for business.

(5)

There shall be no more than three like items for each display. For example, a retail business may only display up to three shirts and three boogey boards, but not more than three of any individual item.

(6)

No products shall be located at a height greater than five feet from grade or floor surface, except umbrellas used for display protection shall have a minimum six feet, eight inches headroom' clearance.

(7)

For each business, the area devoted to display products shall not exceed 20 square feet or one-half square foot for every one linear foot of building frontage, whichever is smaller.

(8)

No area used to display products shall interfere with pedestrian or vehicular movement or with safe and proper ingress/egress of pedestrian traffic.

(9)

No area devoted to display shall be allowed in off-street parking areas, loading areas, emergency lanes, landscaping areas, and stormwater retention areas.

(10)

The display area must be immediately adjacent to the building facade and shall not extend more than four feet beyond the facade.

(11)

Outdoor displayed merchandise shall not contain any attached advertising relating to the name of the business displaying the items or other signage in general, except the manufacturer's tag.

(12)

No product displayed outdoors shall be labeled with a price tag larger than one inch square. All tags must be securely fastened to the product.

(13)

A copy of the approved site plan must be conspicuously displayed on the premises.

(14)

All approved display areas shall be clearly delineated with some type of permanent markings that can be easily identified by enforcement personnel. The various display areas outlined above shall be arranged in such a manner to avoid clutter.

(15)

All merchandise displayed outside must be able to be placed inside the store during inclement weather, and the store must continue to meet life safety regulations in order to remain open, if the merchandise is displayed inside.

(16)

The entire display area shall be maintained and kept cleaned regularly.

(17)

All coin-operated vending machines shall be kept in compliance with section 110-335(6).

(18)

Display areas may be utilized for certain activities such as a caricaturist, henna tattoo artist, and the like. The total use area for these types of activities will be considered as part of the allowed display area.

(19)

Enforcement procedures shall be in accordance with section 110-884(c).

(c)

The applicant must submit a site plan showing the area of merchandise display.

(d)

Photographs of the proposed layout of merchandise display shall be part of the application. Dimensions of the layout must be provided.

(e)

Incentive. A business displaying outdoor merchandise under porches, covered walkways, and awnings shall be entitled to have two times the area of merchandise display area permitted by section 110-94. However, this amount cannot exceed 50 percent of the total area of the porch/covered walkway/awning.

(f)

Prohibited items. Hanging of display items from overhead canopies, awnings, porches, doors or other parts of the building; unclothed mannequins; promotion of alcohol, and cannabis, illegal drugs and paraphernalia, tobacco products; firearms; knives, offensive adult materials; products containing or displaying profanity, sexually explicit messages, or obscenity; sound amplification arranged or directed towards the outdoors and/or located outdoors; flashing lights.

(Code 1999, § 110-885; Ord. No. 2009-30, 1-4-2010; Ord. No. 2024-20, 8-19-2024)

(a)

Purpose. The purpose of this section is to provide habitable housing for employees working in the town and to promote the health, safety and welfare of said employees by establishing minimum requirements for employee housing facilities, encouraging responsible management of the housing and to protect the public's health, safety and welfare of surrounding properties and businesses by establishing these same minimum standards.

(b)

Applicability. This section applies to projects utilizing density incentives for new employee housing projects, projects that involve a change of use or employee housing projects that will require substantial improvement.

(c)

Definition. Where "employee housing" is used in this section it means both employee housing, accessory and employee housing, non-accessory.

(d)

Prohibitions. Employee housing is prohibited in the R-1 and MH zones. Employee housing shall not be built as barrack style housing.

(e)

Height, area and bulk. Employee housing is subject to the use and bulk regulations of the various zoning districts throughout the town where employee housing is permitted.

(f)

Standards. The provisions, regulations, and conditions for employee housing are as follows:

(1)

Occupancy of a bedroom or sleeping room shall be based on the minimum area requirements adopted in chapter 10, and no more than four occupants in a sleeping room or bedroom. For employee housing subject to the conditional use process, occupancy may be permitted up to eight occupants per sleeping room or bedroom, as recommended by the planning commission and approved by the mayor and city council and shall maintain minimum area requirements adopted in chapter 10.

(2)

The minimum living room and dining room space shall be as determined by chapter 10, based on the occupancy and square footage of the space and shall further meet the following tiered requirements:

a.

Six or more persons—250 square feet minimum.

b.

Twenty-five or more persons—500 square feet minimum.

c.

Fifty or more persons—750 square feet minimum.

d.

Greater than 60 persons—as recommended by the planning commission and approved by the mayor and city council, but no less than 750 square feet.

(3)

There shall be a minimum of one bathroom facility, as defined in chapter 10, per eight occupants. If the occupant load exceeds 15, separate bathroom facilities are required per the International Plumbing Code as adopted in chapter 10.

(4)

Any sleeping room or bedroom shall have walls that extend from floor to ceiling and comply with all other requirements in chapter 10.

(5)

Any sleeping or bedroom with an exterior wall shall have at least one window.

(6)

A property containing employee housing shall have a minimum of one bike rack space per two beds.

(7)

Laundry facilities shall be provided.

(8)

The property owner shall submit to the department a security plan for the building at the time of building permit application.

(9)

Kitchen facilities shall be provided.

(10)

There shall be an on-site, live-in manager for employee housing, that houses greater than 16 occupants. The name and contact information of the manager shall be provided to the department. The manager shall be 21 years old or older. The manager shall be available to address any issues at the property within 30 minutes of being contacted by the town. Additionally, the property owner shall provide to the department the name, address and contact information of a person authorized to address issues at the property and who shall be capable of responding to the property in 30 minutes.

(11)

The use of any portion of a building for employee housing requires its occupants to have a written rental agreement or written lease agreement with the property owner, and written documentation of each occupant's employment within the corporate limits of the Town of Ocean City for the entirety of the time the occupant is living in the housing. Employee housing shall not be used for any other purposes, to include but not limited to, non-employee housing or rental or a vacation rental of any length or less than 30 days. Both the rental agreement/lease agreement and documentation of employment shall be available for inspection by the department upon request.

(12)

If the use of any portion of a building is used for employee housing there shall be a deed recorded in land records of Worcester County restricting the building and property to such use. The deed restriction shall include any special approvals the project received to include but not limited to density waiver, special parking exception, management requirements, the housing/building type and occupancy limitations. The form and substance of the restrictive covenant shall be approved by the administrator and the city solicitor and is required to be submitted to the department at the meeting at which site plan approval will be considered. A certificate of recording shall be furnished to the department.

(13)

Any building containing employee housing shall be compliant with all applicable laws. Any building containing employee housing shall have a rental or business license, as applicable. An inspection of the building used for employee housing may be conducted by a representative of the department, the chief building official or his designee and fire marshal or his designee, prior to the issuance of a new or renewal of a rental license or business license, as applicable, being issued.

(14)

For employee housing subject to the conditional use process, the property owner shall submit to the department at the time of the conditional use application a management and security plan, and a resident services plan, for approval.

(15)

A building containing employee housing shall be under single ownership.

(16)

For accessory employee housing subject to the conditional use process, the property owner may satisfy the parking requirements in section 110-932 with spaces located on the same lot or located and maintained not more than 1,200 feet from the building or use served. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, such parking spaces shall be established by a lease valid for the total period the use or uses for which the parking is needed are in existence. The lease shall be provided to the department and approved by the zoning administrator. The signed lease shall be submitted with the site plan application.

(g)

Process.

(1)

Tier one. In all zoning districts other than R-1 and MH, employee housing with 16 or fewer residents per building or property may be approved through the building permit and rental license processes.

(2)

Tier two. In all districts other than R-1, MH, R-2, R-2A, R-3A, and R-3, employee housing with between 17 and 60 residents per building or property may be approved through the site plan approval process in chapter 110, article II, division 8, and the building permit and rental license processes. In the R-2, R-2A, R-3A and R-3 districts, employee housing with between 17 and 60 residents per building or property may be approved through the conditional use process in chapter 110, article II, division 5, and if approved as a conditional use, then complete the site plan approval process in chapter 110, article II, division 8 and the building permit and rental license processes.

(3)

Tier three. In all districts other than R-1, MH, R-2, R-2A, and R-3A employee housing with greater than 60 residents per building or property may be approved through the conditional use process in chapter 110, article II, division 5, and if approved as a conditional use, then complete the site plan approval process in chapter 110, article II, division 8 and the building permit and rental license processes.

(4)

Building type exceptions. Certain building types will require a specific approval process based on their unique characteristics and potential impact to surrounding properties as follows:

a.

Commercial building conversions (including hotel/motel) to residential use for employee housing will require conditional use approval under subsection 110-886(f)(3).

b.

Conversion of one or two-family dwellings for employee housing (not permitted in the R-1 or MH zoning districts) will require the site plan approval process in chapter 110, article II, division 8 and the building permit and rental license processes.

(Ord. No. 2023-12, 7-17-2023; Ord. No. 2024-24, 1-8-2025)

(a)

License. A cannabis dispensary and a micro dispensary shall be licensed and operate in accordance with State law and regulations, chapter 14 of this Code, and this Code generally.

(b)

Location.

(1)

No cannabis dispensary shall be permitted to be located within 500 feet from a pre-existing primary or secondary school, or a licensed childcare center or registered family care home under Title 9.5 of the State Education Article; a pre-existing playground, pre-existing recreation center, pre-existing library, pre-existing public park, or pre-existing place of worship.

(2)

No cannabis dispensary shall be permitted to be located within one-half mile from another cannabis dispensary.

(3)

No cannabis dispensary shall be permitted to be located within 100 feet from an area zoned for residential use.

(4)

No cannabis dispensary shall be permitted in an area zoned for residential use.

(5)

Distances shall be measured from the closest property line of the uses listed in this subsection or the zoning line for an area zoned for residential use, whichever is applicable.

(c)

Setbacks. The underlying zone or the uses listed above in subsection (b) will control the setbacks.

(d)

Operations.

(1)

A cannabis dispensary may not be open to the public prior to 8:00 a.m. or after 11:00 p.m.

(2)

Owners and/or operators of a cannabis dispensary shall provide Ocean City with a local contact person who resides in Worcester County and who shall be available and authorized to respond to complaints concerning any operational issues associated with the dispensary.

(3)

All cannabis dispensaries shall install odor control technology, as necessary, in order to control ventilation at the establishment in such a manner that no odor from cannabis products can be detected outside the building on the same property, or on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis dispensary, if the use occupies only a portion of the building. The owner and operator shall properly maintain all odor mitigation equipment to ensure maximum efficiency.

(4)

Any property or building containing a cannabis dispensary shall be compliant with all applicable federal, state and Town laws and regulations.

(e)

Parking. Parking shall be as required in section 110-932(b)(21) or (22), whichever is applicable.

(f)

Signs. Signs shall be in compliance with chapter 66 and chapter 110.

(g)

Micro dispensaries. Micro dispensaries and/or delivery services may only deliver to locations allowed by State law and regulations. Micro cannabis dispensaries and/or delivery services are prohibited from delivering in the BR Beach Reserve District, the RC-1 Resource Conservation District, on any publicly owned land, public street, road, alley, sidewalks or other public ways, and to addresses for schools, daycare centers or youth centers.

(h)

On-site consumption establishment. It shall be prohibited for an on-site consumption establishment to operate within the corporate limits of Ocean City.

(Ord. No. 2024-20, 8-19-2024)

The regulations set forth in this division qualify or supplement the district regulations appearing elsewhere in this chapter.

(Code 1999, § 110-901; Ord. No. 1993-1, § 105-25.1, 1-19-1993)

(a)

The height limitations of this chapter shall not apply to:

(1)

Belfries.

(2)

Chimneys.

(3)

Church spires.

(4)

Conveyors.

(5)

Cooling towers.

(6)

Elevator bulkheads and stair towers for roof access.

(7)

Fire towers.

(8)

Flagpoles.

(9)

Public monuments.

(10)

Ornamental towers and spires.

(11)

Radio towers.

(12)

Roofs in accordance with section 110-2 (definition of the term "building height").

(13)

Smokestacks.

(14)

Water towers and standpipes.

(15)

Utility poles and appurtenances.

(b)

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.

(Code 1999, § 110-902; Ord. No. 1993-1, § 105-25.2, 1-19-1993)

When specified in the district regulations, buildings may exceed the maximum height permitted by the district regulations subject to site plan review and approval by the planning commission as set forth in article II, division 8, of this chapter. The following regulations shall apply to buildings that exceed the maximum height permitted by the district regulations:

(1)

Maximum permitted height per parcel size.

(2)

Shadows. For the purpose of this section, as required below, shadows cast by proposed buildings are to be determined between the hours of 10:00 a.m. and 4:00 p.m. from June 1 through September 7.

a.

A building that is more than the maximum height permitted by the district regulations may not cast a shadow greater than would be cast by a building designed to the maximum permitted height and the minimum required yard setbacks on the same parcel of land.

b.

The shadow requirement described in subsection (2)a of this section shall apply to property which fronts Atlantic Avenue (boardwalk) in the R-3 general residential district or BC-2 boardwalk commercial district as if the setback for the control building is at the west side of Atlantic Avenue (boardwalk).

c.

If a building which fronts Atlantic Avenue (boardwalk) in the R-3 general residential district, BC-1 boardwalk commercial district, or BC-2 boardwalk commercial district must be set back from Atlantic Avenue (boardwalk) to meet the shadow limitations of subsection (2)a of this section, a structure not exceeding two stories in height may be located in the area between the building setback line and the main building.

(3)

Yard requirements.

a.

The front, side and rear yard setback requirements for buildings more than the maximum height permitted by the district shall be calculated as follows:

b.

When the height of an existing building is increased so that the building is more than the maximum height permitted by the district regulations, all of that part of the building which is more than the maximum height permitted by the district regulations shall adhere to the additional yard setbacks prescribed in subsection (3)a of this section which shall apply to the height of the top story.

c.

Special yard exceptions listed under section 110-94(3) shall not be applicable to the provisions of this section.

d.

No porch, balcony or stairway shall project into required setbacks of buildings greater than five stories or 50 feet in height.

(4)

Landscaping.

a.

Notwithstanding the requirement for perimeter landscaping set forth in section 110-881, the perimeter landscaping areas required for a building more than the maximum height permitted by the district regulations shall be, at a minimum, equal in width to ten percent of the height of the building. These perimeter landscape areas shall not be paved or improved in any manner other than with landscaping. All other standards set forth in section 110-881 shall apply.

b.

In lieu of the interior landscaping required by section 110-881, projects containing buildings more than the maximum height permitted by the district regulations with more than 30 parking spaces open to the sky may provide a landscaped berm along the area that abuts a public right-of-way. A berm abutting Coastal Highway, Philadelphia Avenue or Baltimore Avenue shall be a minimum of five feet in height and shall have a minimum slope of two feet in width for each one foot in height of the berm. A berm abutting any other public right-of-way shall be a minimum of three feet in height and shall have a minimum slope of two feet in width for each one foot in height of the berm. Berms shall be landscaped in accordance with section 110-881.

(5)

Off-street parking. Off-street parking for buildings regulated by this section shall only be located on grade and exposed to the sky and/or within the footprint of the main building so as to appear to be part of the main building as illustrated below. All ramps and other appurtenances shall be located within this footprint and/or within the setback from Atlantic Avenue (boardwalk) created to meet the shadow limitations of subsection (2)a of this section. No more than one level of parking shall be located in this setback area, and the parking area shall be covered so as not to be readily visible from Atlantic Avenue (boardwalk).

(6)

Design review.

a.

The commission shall consider the design of the building to ensure compatibility with and protection of surrounding properties, including, but not limited to, the following:

1.

Building mass: Height, bulk and nature of roof.

2.

Proportions: The building's emphasis on the horizontal or vertical planes.

3.

Surroundings: The building's relationship to neighboring buildings and properties.

4.

Facade: Location and size of openings, color, texture, offsets and projections to break up mass and add shadow interest.

b.

This design review shall be of an advisory nature and shall not be the sole basis of approval or denial of the site plan.

(Code 1999, § 110-903; Ord. No. 1993-1, § 105-25.3, 1-19-1993; Ord. No. 2004-7, 5-3-2004)

(a)

The minimum lot area requirements shall not apply to lots of record which do not comply with minimum lot size requirements as to lot width, lot depth and lot size, provided the lot of record legally existed prior to January 19, 1993.

(b)

Requirements for lot area per family do not apply to dormitories, fraternities, sororities, employee housing accessory, employee housing non-accessory and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms.

(c)

Requirements for lot area per dwelling unit apply to rental units in a townhouse, multiple-family dwelling, hotel, or motel, or rooms in a roominghouse, boardinghouse or lodginghouse, whether or not there are cooking facilities in rooms.

(d)

For the purpose of determining lot area requirements for lots on the oceanfront, that area east of the building limit line to the easternmost lot line or to the high-water mark as the same is determined to exist prior to the implementation of the beach replenishment program (Ann. Code of Md., Natural Resources article, title 8, subtitle 11 (Ann. Code of Md., Natural Resources article, § 8-1101 et seq.)), whichever is less, may be included; provided, however, that under no circumstances shall any accretion resulting from said beach replenishment program be included within the lot area.

(e)

Private wetlands owned by individuals may be included within lot area.

(f)

Up to 200 square feet of private property may be deeded or leased to a governmental agency to be used for a public purpose without decreasing the allowed bulk for the property and without affecting the requirements for landscaping and stormwater management.

(Code 1999, § 110-904; Ord. No. 1993-1, § 105-25.4, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2009-26, 1-4-2010; Ord. No. 2023-12, 7-17-2023)

(a)

Every part of a required yard shall be open and unobstructed to the sky, except for the specified projections and obstructions listed below, and except as otherwise provided in this chapter.

Legend:

Front yards .....F

Side yards .....S

Rear yards .....R

(b)

Where two or more main buildings are located on a single lot, if the buildings or either of them is three stories or less, they must not, at any point, be closer than ten feet to each other, or if the buildings or either of them is four stories or more, they must not, at any point, be closer than 20 feet to each other.

(c)

When a lot is to be occupied by a group of three or more related buildings to be used for residential purposes, such buildings shall be arranged around a court. The court between buildings that are parallel or within 45 degrees of being parallel shall have a minimum width of 30 feet for one-story buildings, 40 feet for two-story buildings and 50 feet for buildings of three stories or more, and in no case may such buildings be closer to each other than 15 feet.

(d)

Where a court is more than 50 percent surrounded by a building, the minimum width of the court shall be at least 15 feet for one-story buildings, 40 feet for two-story buildings and 50 feet for three-story buildings. The width of such a court shall be increased by three feet for each additional story over three stories or each ten feet of height over 35 feet, whichever requires the greater width of court.

(e)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(f)

On through lots, the required front yard shall be provided on each street except in the MH mobile home residential district, which shall provide a front yard on the street which has vehicular access based on the pattern of development and the opposite street front shall be considered as a rear yard.

(g)

There shall be a front yard of at least ten feet on the side street of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of the ordinance from which this chapter is derived shall not be reduced to less than 30 feet. In the event that any other provisions of this chapter construed with this subsection would require three ten-foot or more setbacks on a single corner lot, then, and in that event, ten-foot setbacks would only be required on the street sides of said lot, and five-foot setbacks shall be permissible on the other sides of said corner lots, and shall be regulated as side yards, except that a building of four stories or more shall still require ten-foot setbacks on all yards and nothing in this subsection shall be construed as applying to the existing setback requirements on Atlantic Avenue (boardwalk).

(h)

Yard setbacks on the waterside of lots shall be provided for the main building in accordance with the district regulations and shall be measured from the face of the bulkhead or from the mean high-water mark. No setbacks shall be required on the waterside of a lot for open, unenclosed, uncovered decks. However, no building shall be placed or constructed over bulkheads, deadmen or tiebacks, except for accessory buildings not exceeding 100 square feet gross floor area.

(i)

Except for essential services, no signs, fence, wall, hedge, planting or other structure that is more than 3½ feet in height above the established street grade shall be erected, planted or maintained within the triangular area of a corner lot that is included between the property lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the property lines.

(j)

Filling station pumps and pump islands shall not be located less than 15 feet from front lot lines.

(k)

Public telephones shall comply with the following regulations:

(1)

Public telephones located outside of a building are prohibited in the R-1 and R-2A districts. In the R-2 district public telephones must be located at least ten feet from adjacent side property lines.

(2)

Located at least 20 feet from an existing driveway or curb cut.

(3)

On a corner lot, shall not be located within the triangular area that is included between the property lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the property lines.

(4)

The location of public telephones shall be reviewed by the administrator. If the public telephone is freestanding within a required yard it shall be reviewed by the planning commission. After review, said approval may be revoked if the location of the public telephone is determined to be detrimental to the health, safety or welfare of the immediate area.

(l)

Docks, wharves, piers or mooring piles shall be subject to regulations of other applicable governmental agencies.

(Code 1999, § 110-905; Ord. No. 1993-1, § 105-25.5, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 1996-3, 4-1-1996; Ord. No. 2006-13, 5-1-2006; Ord. No. 2009-15, 7-6-2009; Ord. No. 2018-14, 10-15-2018; Ord. No. 2019-11, 7-1-2019)

(a)

The dwelling units and individual lots of a two-family dwelling or townhouse may be sold separately if separate utilities are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with chapter 78.

(b)

The following regulations shall apply to subdivided two-family dwellings and townhouses in any district where permitted:

(1)

Two-family dwellings bulk regulations.

a.

Minimum lot area: 2,500 square feet provided the average lot area for each dwelling unit in the building equals or exceeds the minimum lot area requirements in the district where the two-family dwelling is located.

b.

Minimum lot width: 25 feet.

c.

Minimum lot depth: 100 feet.

d.

Minimum depth of front yard: Ten feet.

e.

Minimum width of each side yard: Five feet for one-, two-, or three-story buildings; ten feet for four- or five-story buildings.

f.

Minimum depth of rear yard: Ten feet.

(2)

Townhouse bulk regulations.

a.

Minimum lot area: 1,500 square feet provided the average lot area for all townhouse dwelling units in the building equals or exceeds the minimum lot area requirements in the district where the townhouse is located.

b.

Minimum lot width: 15 feet provided end units comply with minimum required front and side yards.

c.

Minimum lot depth: 100 feet.

d.

Minimum depth of front yard: Ten feet.

e.

Minimum width of each side yard: Five feet for one-, two-, or three-story buildings, ten feet for four- or five-story buildings. None required for interior units.

f.

Minimum depth of rear yard: Ten feet.

(Code 1999, § 110-906; Ord. No. 1993-1, § 105-25.6, 1-19-1993)

Recognizing the importance of hotels and motels to the continued vitality of Ocean City as a resort community, the minimum lot requirements for hotels and motels are less than for any other residential use. Therefore, projects approved under the hotel/motel use shall:

(1)

Be operated exclusively as a place of temporary lodging for compensation.

(2)

Be open to the public generally rather than to a limited group.

(3)

Contain a public lobby and guest registration office with guestrooms and suites.

(4)

Provide full-time on-site management, guest registration personnel, daily maid service and maintenance to all guestrooms and suites.

(5)

Limit the number of different guestroom and suite keys to the number of guestrooms and suites approved by Ocean City; rooms or suites shall not be subdivided or used to provide more separate living areas than approved by Ocean City.

(6)

Individual guestrooms and suites shall not have individual utility connections metered separately, including water, sewer, and electric connections.

(7)

Maintain a sign with the name of the hotel/motel on the outside of the property, with the word "hotel"/"motel" prominently displayed.

(8)

Maintain records, for at least the most recent two years, of all guests, including names, addresses, rooms or suites assigned and term of stay, and make said records available for inspection by the department on 24 hours' notice.

(9)

Comply with the minimum lot area per dwelling unit specified in the district regulations.

(10)

Not be construed to include any building or structure defined as a multiple-family dwelling in this chapter for the purpose of calculating lot area per unit and off-street parking per dwelling unit. In the case of mixed dwelling types, the required minimum lot area per unit and parking requirements shall equal the sum of the requirements of the various uses computed separately.

(11)

In the event that the hotel/motel units are to be sold as condominiums, timeshare, partnerships or other forms of individual ownership, the condominium plats, bylaws and covenants shall be reviewed and approved by the administrator and the planning commission attorney.

(Code 1999, § 110-907; Ord. No. 1993-1, § 105-25.7, 1-19-1993)

(a)

A home occupation is permitted as an accessory use within a residential dwelling, provided that:

(1)

The occupation or activity is clearly incidental and secondary to the use of the premises for residential purposes and is carried on by a member of the family residing on the premises.

(2)

No more than one person outside the resident family is employed on the premises.

(3)

There is no display or storage of materials on the premises.

(4)

There is no exterior indication of the home occupation or variation from the residential character of the building.

(5)

There is no generation of vehicular or pedestrian traffic or parking demand greater than normal for the district in which it is located.

(6)

There is no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat, glare or which would cause interference with electrical or radio equipment.

(7)

There is no more than one nonilluminated sign no larger than four square feet in size, per dwelling unit, and each home occupation within that dwelling unit, desiring to identify its presence, must do so on said sign.

(8)

No more than two business licenses shall be issued for home occupations for any one dwelling unit.

(b)

When within the above requirements, a home occupation includes, but is not limited to, the following:

(1)

Art studio.

(2)

Seamstress.

(3)

Home office of a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent, contractor, or other similar occupation.

(4)

Teacher, with musical instruction limited to one or two pupils at a time.

(c)

However, a home occupation shall not be interpreted to include:

(1)

Barbershops.

(2)

Beauty parlors.

(3)

Tourist homes.

(4)

Animal hospitals.

(5)

Day care facilities.

(6)

Restaurants.

(Code 1999, § 110-908; Ord. No. 1993-1, § 105-25.8, 1-19-1993; Ord. No. 1996-3, 4-1-1996)

When specified in the district regulations, the following optional development regulations may be used as an alternative to the permitted district regulations:

(a)

Zoning districts. These optional regulations are applicable only in the following districts: LC-1 (Local Commercial), SC-1 (Shopping Center), and BM-1 (Bayside Marine), north of 17th Street and west of Coastal Highway and Philadelphia Avenue.

(b)

These optional regulations only apply to new construction. Pre-existing structures on the construction site that do not meet all requirements of this section must be either brought into compliance or removed from the construction site.

(c)

Minimum parcel size. The minimum parcel size necessary to use these optional regulations is 40,000 square feet.

(d)

Maximum bulk. The bulk (building area times building height) of a proposed building may not exceed the permitted bulk of the underlying zoning district.

(e)

Building height. Building height may exceed the maximum height in the underlying district regulations (up to eight stories and 80 feet) if building coverage is proportionally decreased as follows:

The term "structure" does not include in-ground swimming pools.

(f)

Setbacks. Buildings taller than five stories and 50 feet must provide additional setbacks as follows:

(1)

Front, side and rear yard setbacks shall be an additional 1½ feet for each five feet over 50 feet, except as required in subsection (f)(2) of this section.

(2)

Any yard setback from Philadelphia Avenue, Coastal Highway, and St. Louis Avenue shall be 50 feet.

(3)

Completely open, unenclosed porches, stairways, platforms, or paved terraces, uncovered or covered by a roof or canopy, may extend no more than six feet into a required front or rear yard, as permitted in section 110-905.

(4)

Setbacks required by subsections (f)(1), (2) and (3) of this section supersede any previously existing nonconforming setbacks.

(g)

Shadows. A building that is taller than the maximum height permitted in the underlying zoning district may not cast a shadow greater than would be cast by a building designed to the maximum permitted height, the minimum required setbacks, and with a roof pitch no greater than nine feet by 12 feet, on the same parcel of land. Shadows are to be determined between the hours of 10:00 a.m. and 4:00 p.m. from June 1 through September 7.

(h)

Off-street parking required for commercial uses in a mixed-use project shall be reduced by 20 percent.

(i)

Up to 20 percent of the total number of parking spaces may be compact in size, but no smaller than 8½ feet in width by 18 feet in length. No special exceptions or variances may be granted to this provision that would allow more or smaller compact spaces.

(j)

Additional landscaping. Notwithstanding the requirement for perimeter landscaping set forth in section 110-881, the perimeter landscaping areas required for buildings taller than the maximum height permitted by the underlying district regulations shall be, at a minimum equal in width to ten percent of the height of the building.

(k)

Sidewalks. All adjacent sidewalks shall be a minimum of eight feet in width, a portion of which may be pervious pavers.

(l)

Density. The lot area per multiple-family dwelling unit shall be as regulated by the underlying zoning district regulations, except after the first 10,000 square feet of lot area the requirement shall be one dwelling unit per 1,250 square feet. The lot area per hotel, motel, roominghouse, boardinghouse, or lodginghouse shall be 625 square feet per guestroom or suite.

(m)

Design review. The planning commission shall consider the design of the building to ensure compatibility with the protection of surrounding properties, including, but not limited to, the following:

Building mass: Height, bulk, and roof.

Proportions: The building's emphasis on horizontal or vertical planes.

Surroundings: The building's relationship to neighboring buildings and properties.

Facade: Location and size of openings, color, texture, offsets and projections to break up mass and add shadow interest.

(1)

This design review shall be of an advisory nature and shall not be the sole basis of approval or denial of the site plan.

(n)

Approval process.

(1)

Before an application for final site plan review is filed, the applicant shall submit a preliminary site plan, including building elevations, for review by the planning commission.

(2)

Site plans and elevations must be of sufficient scope and detail to enable the planning commission to evaluate the impact of the project on the surrounding neighborhood. Submittals must clearly show the proposed project and surrounding structures, must be to scale, and must include major architectural features of all structures.

(Code 1999, § 110-909; Ord. No. 2007-17, 9-4-2007)

The purpose of this division is to lessen or prevent congestion on the public streets and thoroughfares, and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking of motor vehicles in accordance with the use of the land. The number of parking spaces required herein for uses and activities has been varied according to the location and intensity of development of the particular district classification. Off-street parking requirements for certain business districts are designed in recognition of the existing and proposed public transportation facilities as well as strategically located public parking facilities.

(Code 1999, § 110-931; Ord. No. 1993-1, § 105-27.1, 1-19-1993)

(a)

In every district, space for off-street parking of vehicles on the premises shall be provided in accordance with the requirements of this division except as otherwise modified.

(b)

The spaces required per basic measuring unit for each use or use category shall be as indicated below, with such additional requirements as may be noted:

(1)

Single-family detached dwellings, mobile homes and two-family duplex dwellings: Two spaces per each unit with three bedrooms or less, plus one space for each additional bedroom over three in the unit.

(2)

Multiple-family dwelling and townhouse: One per each efficiency unit, 1½ per each one-bedroom unit, two per each two-bedroom unit, 2½ per each three-bedroom unit, plus one-half space per each additional bedroom over three bedrooms.

(3)

Hotel and motel efficiency unit: One space per hotel guestroom.

(4)

Hotel and motel guest suite: 1½ spaces for the first 50 units, thereafter one space per unit.

(5)

Roominghouse, boardinghouse or lodginghouse: One space per guestroom.

(6)

Church, synagogue or temple: One space per five seats or bench seating capacity (for seats in the main auditorium only).

(7)

College or high school: One space per five seats in the main auditorium or eight spaces per classroom, whichever is greater.

(8)

Elementary, junior high or nursery school: One space per ten seats in the main assembly room or one space per classroom, whichever is greater.

(9)

Public library, museum, art gallery or community center: One space per 300 square feet of gross floor area; minimum of five spaces.

(10)

Day care facility: One space per five persons rated capacity.

(11)

Radio or television broadcasting station: One space per 400 square feet gross floor area. An auditorium for a broadcasting station shall require one space per five persons rated capacity.

(12)

Exposition centers or fairgrounds: One space per five persons estimated attendance.

(13)

Bicycle rental: As required in subsection (21) of this section.

(14)

Automobile filling station: One space per two employees on the maximum working shift.

(15)

Automobile service stations: Three spaces per bay.

(16)

Private club: One per five persons rated capacity.

(17)

Sanitarium, convalescent home, home for the aged or similar institution: One space per five patient beds.

(18)

Hospital: One space per two patient beds.

(19)

Business and professional offices, banks: One space per 300 square feet of gross floor area, five spaces minimum.

(20)

Restaurants, fast food restaurant, cocktail lounge, tavern or nightclub or other establishments for the consumption of food or beverages on or off the premises: One space per 100 square feet of enclosed gross floor area, minimum of five spaces; with the following modifications:

a.

The area of outdoor dining (unenclosed) is exempt from parking requirements up to an area equal to the enclosed gross floor area and thereafter is required one space per 200 square feet of unenclosed outdoor dining area in excess of the enclosed gross floor area.

b.

The exemption applies only if a roofed over area remains at least 51 percent open on all sides with no enclosure of any kind. A railing system no higher than 42 inches with open pickets shall not be considered an enclosure.

c.

Establishments with nonconforming parking status may only exempt parking for outdoor dining areas equal to the number of parking spaces provided on site at the rate of one space per 100 square feet of outdoor dining areas.

(21)

Retail store, convenience food store, or personal service establishment; 5,000 square feet or less of gross floor area: One space per 200 square feet of floor area, five spaces minimum.

(22)

Shopping centers, shopping plazas, retail stores, personal service establishments and convenience food stores greater than 5,000 square feet of gross floor area:

a.

One space per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking requirements as set forth in subsection (24) of this section.

b.

When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center:

1.

If these establishments, individually or in total, comprise 25 percent or less of the gross floor area of the shopping center, the parking requirement shall be that for shopping centers;

2.

If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the floor area in excess of the 25 percent as set forth in subsection (20) of this section. The parking calculation shall be computed for the retail and eating and drinking establishments separately and then combined.

(23)

Furniture or appliance store; machinery, equipment and automobile and boat sales and service: One space per 300 square feet of floor area, five spaces minimum.

(24)

Auditorium, theater, gymnasium, stadium, arena, convention center, ballroom, etc.: One space per five persons rated capacity.

(25)

Bowling alley: Six spaces per lane.

(26)

Food storage locker: One space per 200 square feet of floor area.

(27)

Game room, dancehall, skating rink, swimming pool, auditorium or exhibition center (without fixed seats): One space per five persons rated capacity (does not apply to accessory uses).

(28)

Indoor and outdoor amusement place and amusement park: One space per five persons rated capacity.

(29)

Miniature golf course: One space per hole.

(30)

Water-related recreational activities:

a.

Parasail: Three spaces per boat.

b.

Jet ski: One space per two jet ski devices.

c.

Sailboat and sailboard: One space per two boats or devices.

d.

Paddleboats: One space per two boats or devices.

(31)

General service or repair establishment; printing, publishing, plumbing or heating business: One space per 400 square feet gross floor area.

(32)

Manufacturing or wholesale establishment, warehouse or similar establishment: One space per 400 square feet gross floor area.

(33)

Marinas: One space per each slip or mooring, plus ten spaces for each boat ramp, with each space required by virtue of the boat ramp being ten feet in width by 50 feet in depth.

(34)

Employee housing, non-accessory: One spaces per sleeping rooms for the first two sleeping rooms, and then a half a space for every sleeping room thereafter.

(35)

Employee housing, accessory: One space per sleeping room for the first four sleeping rooms, and then a one-quarter space for every sleeping room thereafter.

(Code 1999, § 110-932; Ord. No. 1993-1, § 105-27.2, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 2007-4, 2-5-2007; Ord. No. 2011-32, 10-17-2011; Ord. No. 2013-14, 11-4-2013; Ord. No. 2016-04, 3-21-2016; Ord. No. 2023-12, 7-17-2023; Ord. No. 2024-24, 1-8-2025)

(a)

Any room, as defined by section 110-2 as being an accessory room, is to be treated in the same manner as a bedroom, and required parking shall be computed accordingly. This shall apply to all residential buildings except detached single-family dwellings.

(b)

Where parking spaces are required on a rated capacity in persons basis, the department shall determine the rated capacity as the maximum number of persons which may reasonably be accommodated by such use at any one time.

(c)

The terms "floor area" and "gross floor area," as used in the requirements of this division, shall be as defined in section 110-2.

(d)

Except as otherwise provided, the number of employees shall be computed on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(e)

Where a fractional space results after tabulating the total number of required spaces, the parking spaces required shall be construed to be the next highest whole number.

(f)

The use regulations for each district are not affected by their arrangement in this division.

(g)

The parking requirements in this division are in addition to space for storage of trucks or other vehicles used in connection with any use, or storage space required for waiting at drive-in windows and the like.

(h)

The parking requirements in this division do not limit other parking requirements contained in the district regulations.

(i)

The parking requirements in this division do not limit special requirements which may be imposed with regard to large-scale developments, conditional uses or special exceptions.

(j)

The parking space requirements for a use not specifically listed in this division shall be the same as for a listed use of similar characteristics of parking-demand generation.

(k)

In the case of mixed uses, or uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one that one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately, except that in such mixed uses the computation shall not be subject to the base minimum requirement specified in section 110-932(b) for individual uses; and that the parking requirements for permitted accessory retail and services uses in within or attached internally to a hotel, motor or motor lodge containing 50 or more dwelling units may be reduced by the following percentages:

(1)

Retail sales, offices and service establishments: 30 percent;

(2)

Restaurants and dining rooms: 50 percent;

(3)

Ballrooms, banquet halls, meeting rooms and auditoriums: 70 percent.

Accessory uses and structures not located within or attached internally to the principal use shall have their parking calculated equal to the sum of the various uses computed separately, or as otherwise allowed in section 110-932(b).

(Code 1999, § 110-933; Ord. No. 1993-1, § 105-27.3, 1-19-1993; Ord. No. 2013-5, 3-18-2013; Ord. No. 2019-06, 5-20-2019)

(a)

All parking spaces required herein shall be located on the same lot or located and maintained not more than 600 feet from the building or use served.

(b)

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, such parking spaces shall be established by a covenant or agreement to be recorded in land records of the county, as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance to be valid for the total period the use or uses for which the parking is needed are in existence. A certificate of recording shall be furnished to the department.

(Code 1999, § 110-934; Ord. No. 1993-1, § 105-27.4, 1-19-1993)

(a)

Minimum area.

(1)

An off-street parking space is an all-weather surfaced area not within a street or alley and shall have an area of not less than 180 square feet, exclusive of driveways, and minimum dimensions of nine feet in width and 20 feet in depth, notwithstanding additional requirements for handicapped spaces, garage spaces, or a tandem space, and said space being permanently reserved for the temporary storage of one licensed vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another vehicle to be moved.

(2)

Notwithstanding, a single-family dwelling, a subdivided or unsubdivided two-family dwelling, and a townhouse may satisfy its required parking by using tandem parking which does require another vehicle to be moved. However, these tandem parking spaces must be reserved and restricted for a specific dwelling unit and must not be able to be utilized by another dwelling unit. No more than one space may be located behind another and the second space in the tandem parking configuration shall have minimum dimensions of 22 feet in depth and minimum width as required in subsection (i).

(b)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with chapter 74. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and shall not be used for the sale, repair, or dismantling or servicing of any vehicles.

(c)

Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence or curbing or other approved protective device or by distance so that vehicles cannot protrude over publicly owned areas or adjacent lots under separate ownership.

(d)

Entrances and exits. Location and design of entrances and exits shall be in accordance with applicable Ocean City specifications.

(e)

Interior drives. Interior drives, except those interior drives serving detached single-family dwellings and mobile homes, shall be established and maintained at the minimum standards to provide adequate circulation and to prevent vehicles from backing into adjoining streets as stated in subsection (i) below.

(1)

All dead-end driveways must include a two-foot extension of the drive for turnaround, as well as the end spaces being increased one foot in width. Landscape strips may be considered as an extension of the drive for turnaround purposes.

(2)

Approval of the utilization of alleys for backup areas shall be at the discretion of the planning commission and/or department, after consultation with the city engineer.

(f)

Marking. Parking lots containing four or more spaces shall be marked by painted lines to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic circulation on the lot.

(g)

Lighting. Adequate lighting shall be provided for off-street parking spaces in accordance with section 110-876.

(h)

Vehicular use areas. All vehicular use areas beneath buildings shall maintain a minimum headroom clearance of seven feet, clear of all obstructions, including utilities and lighting fixtures. All supporting columns and beams within the vehicular use areas shall not encroach into any minimum parking space or access drive.

(i)

Dimensions for parking spaces, angle of parking and aisle width.

(1)

Dimensions for parking spaces, angle of parking and aisle width shall be as follows:

(2)

Projects in the Downtown Design Overlay Zone District and Upper Downtown Design Overlay Zone District may be eligible for parking incentives per the overlay district regulations.

(Code 1999, § 110-935; Ord. No. 1993-1, § 105-27.5, 1-19-1993; Ord. No. 2024-07, 5-20-2024; Ord. No. 2024-25, 1-8-2025)

The Mayor and City Council of Ocean City may waive or otherwise modify any requirement or standard of this division when deemed necessary for the provision of public services or utilities on private properties, such as, but not limited to, garbage collection, recycling containers, bus shelters and essential services.

(Code 1999, § 110-936; Ord. No. 1993-1, § 105-27.6, 1-19-1993)

The purpose of this division is to lessen or prevent congestion on the public streets and thoroughfares, and to promote the safety and welfare of the public by establishing minimum requirements for off-street loading of motor vehicles in accordance with the use of the land. The number of loading spaces required herein for uses and activities has been varied according to the location and intensity of development of the particular district classification.

(Code 1999, § 110-961; Ord. No. 1993-1, § 105-28.1, 1-19-1993)

Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 25 percent or more, or any building is hereafter converted, for the uses listed below, when such buildings contain the floor areas specified in the first column of the respective chart, accessory off-street loading spaces shall be provided as required in the second column of the respective chart, or as required in subsequent sections of this division.

(1)

Retail store; shopping center; restaurant; wholesale house; warehouse; general service, manufacturing or industrial establishment.

(2)

Multiple-family developments with more than 12 units; motels; hotels; offices or office buildings; hospitals or similar institutions; places of public assembly.

(Code 1999, § 110-962; Ord. No. 1993-1, § 105-28.2, 1-19-1993)

(a)

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in the district regulations.

(b)

The loading space requirements in this division do not limit special requirements which may be imposed in connection with conditional uses or special use exceptions.

(Code 1999, § 110-963; Ord. No. 1993-1, § 105-28.3, 1-19-1993)

Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required.

(Code 1999, § 110-964; Ord. No. 1993-1, § 105-28.4, 1-19-1993)

(a)

Location. For the purpose of these regulations, a loading space is a space located within the main building or on the same lot as the use served. Loading spaces may be located within driveways for the temporary standing, loading and unloading of trucks subject to the design criteria of this division. Loading spaces permanently reserved for loading/unloading shall not block traffic circulation.

(b)

Minimum size. A loading space shall have a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet and a vertical clearance of at least 14 feet.

(c)

Drainage and maintenance. Off-street loading facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be surfaced with erosion-resistant material in accordance with chapter 74. Off-street loading areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and shall not be used for the sale, repair, dismantling or servicing of any vehicles.

(d)

Entrances and exits. Location and design of entrances and exits shall be in accordance with applicable Ocean City specifications.

(Code 1999, § 110-965; Ord. No. 1993-1, § 105-28.5, 1-19-1993)