Pocomoke City City Zoning Code
ARTICLE XIII
Parking, Loading and Use Regulations
§ 230-85 Off-street loading spaces.
A.
In any business or in any industrial district, in connection with every building or part thereof hereafter erected, improved, altered or extended having a gross floor area of 10,000 10,000 square feet or more and which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other use similarly requiring the receipt or dispatch by vehicle of materials or merchandise there shall be provided and maintained on the same lot with such building at least one off-street loading space, plus one additional loading space for each 30,000 square feet, plus two additional loading spaces for each 50,000 square feet, plus three additional loading spaces for each 70,000 square feet.
B.
Each loading space shall be at least 10 feet in width, 60 feet in length and 14 feet in clear height.
C.
Such space may occupy all or any part of any required yard or court space, except a front yard or the required side yard on the street side of a corner lot.
D.
No such space shall be located closer than 50 feet to any lot located in any R District, unless the loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
§ 230-86 Off-street parking areas.
A.
In all districts except the B-1 District, in connection with every industrial, commercial, business, trade, institutional, recreational, dwelling or other use, space for parking and storage of vehicles off the streets shall be provided to accommodate its normal parking requirements, as determined by the Zoning Inspector at the time of application for a zoning certificate, but in any case not less than the following:
(1)
Automobiles sales and service garages: one space per 200 square feet, minimum three spaces.
(2)
Banks, business offices and professional offices other than a doctor's office: 50% of floor area.
(3)
Bowling alleys: five spaces for each alley.
(4)
Churches, schools and day-care centers: one space for each three seats in a principal auditorium or one space for each 10 classroom seats or students, whichever is greater.
(5)
Convalescent and nursing homes, community residential facility (group home), assisted living facilities and similar facilities: one space for each four beds, one space for each employee and one additional space an ambulance or other emergency vehicle shall be no smaller than the dimensions required for a handicap parking space. A minimum of one bus parking space located so as to provide safe and convenient loading and unloading of passengers.
Adult day-care centers: one space for each four participants, one space for each employee and one additional space for loading and unloading an ambulance or other emergency vehicle. The space for loading and unloading an ambulance or other emergency vehicle shall be no smaller than the dimensions required for a handicap parking space.
(6)
Dance halls and assembly halls: 300% of floor area used for dancing or assembly.
(7)
Doctor's office: eight parking spaces per doctor.
(8)
Multifamily dwellings: two parking spaces per dwelling unit. One and one-half parking spaces for each family or dwelling unit in an age restricted or age qualified development.
(9)
Funeral homes and mortuaries: 20 spaces or at least one space for each three persons of estimated maximum capacity.
(10)
Furniture and appliance stores and household equipment or furniture repair shops, over 1,000 square feet of floor area: 100% of floor area.
(11)
Hospitals: one space for each bed.
(12)
Hotels, motels and lodging houses not located in the B-1 District: 1 1/2 spaces for each bedroom.
(13)
Manufacturing plants: one space for each two employees on the maximum working shift or 25% of floor area, whichever is the greater.
(14)
Restaurants, amusement centers, pool halls, beer parlors and nightclubs: 300% of floor area.
(15)
Retail stores, supermarkets, etc., over 2,000 square feet of floor area: 200% of floor area.
(16)
Retail stores, shops, etc., under 2,000 square feet of floor area: 100% of floor area.
(17)
Sports arenas, auditoriums, theaters and assembly halls with fixed seats: one space for each three seats.
(18)
Commercial or club swimming pools: one space for each three members or each three persons of estimated maximum capacity.
(19)
Wholesale establishments or warehouses: one space for each two employees or 10% of floor area, whichever is greater.
(20)
Neighborhood shopping centers or mini-malls: one space for each 250 square feet of gross floor areas.
B.
In the case of any building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is most nearly similar shall apply.
C.
Parking spaces, other than residential uses, licensed day-care provider homes in residential zones and other customary home occupations allowed in the R-2 and R-3 Zones and properly approved for conditional use by the Board, shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot. Each parking space shall be at least nine feet wide and 18 feet deep.
D.
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot, shall be improved and maintained in accordance with the following requirements:
(1)
Every off-street parking area for more than five vehicles shall be located at least 15 feet from every street line and five feet from every residential lot line. The edges of the parking area shall be curbed or buffered, and the space between parking area and street or lot line shall be landscaped and maintained in sightly condition. Where adjoining a street, such landscaping shall consist of grass and low shrubs or ornamental trees; where adjoining a residential lot, it shall include a hedge of sufficient type and height (not less than 30 inches) to protect and screen the adjoining property. If an ornamental wall or fence is installed in lieu of such hedge and accomplishing the same purpose, then the five-foot strip may be omitted.
(2)
Any off-street parking area, including any commercial parking lot, for more than five vehicles, shall be surfaced or kept treated in such manner as may be necessary to prevent any dust nuisance to the neighboring property or the general public, shall be so graded and drained as to dispose of all surface water accumulation within the area and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles.
(3)
Any lighting used to illuminate any off-street parking area, including any commercial parking lot, shall be so arranged as to direct the light away from adjoining residential premises and from public streets.
(4)
Handicap parking spaces and dimensions shall be provided in accordance with state law.
(5)
Every parking area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or bump against or damage any wall, vegetation, or structure.
E.
The Board of Appeals may authorize, subject to the provisions of § 230-107, a modification, reduction or waiver of the foregoing requirements if it should find that in the particular case appealed the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify such modification, reduction or waiver.
F.
Flexibility in administration required.
(1)
Pocomoke City recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in this subsection may result in a development either with inadequate parking space or parking space in excess of its needs.
(2)
Alternative off-street parking standards may be accepted if the applicant can demonstrate that such standards better reflect local conditions and needs.
(3)
Without limiting the generality of the foregoing, the Planning and Zoning Commission may allow deviations from the parking requirements set forth in this subsection when it finds that:
(4)
Whenever the Planning and Zoning Commission allows or requires a deviation from the parking requirements set forth in this subsection it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.
(5)
If the Planning and Zoning Commission concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established in this subsection for a particular use classification is erroneous, it shall initiate a request for an amendment to the Table of Parking Requirements in accordance with the procedures set forth in Article XVII.
G.
Joint use of required parking spaces.
(1)
The Planning and Zoning Commission may permit one parking area to contain required spaces for several different uses, but except as otherwise provided in this section, the required space assigned to one use may not be credited to any other use.
(2)
To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally 90% vacant on weekends, another development that operates only on weekends could be credited with 90% of the spaces on that lot. Or, if a church parking lot is generally occupied only to 50% of capacity on days other than Sunday, another development could make use of 50% of the church lot's spaces on those other days.
(3)
If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of Section H are also applicable.
(4)
In the case of mixed uses (with different parking requirements occupying the same building or premises) or in the case of a joint use of a building or premises by more than 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 parking requirements for permitted accessory retail and service uses in a hotel, motel, or motor lodge that contains 50 or more dwelling units may be reduced by the following percentages:
(5)
Off-street parking areas required for residential use shall not be included in any joint parking arrangement.
H.
Satellite parking.
(1)
If the number of off-street parking spaces required by this Ordinance cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off-site spaces are referred to in this section as satellite parking spaces.
(2)
All such satellite parking spaces (except spaces intended for employee use) must be located within 300 feet of a public entrance of a principal building housing the use associated with such parking, or within 300 feet of the lot on which the use associated with such parking is located if the use not housed within any principal building. Satellite parking spaces intended for employee use may be located within any reasonable distance. No more than 40% of the total required spaces are to be located in satellite parking spaces.
(3)
Anyone wishing to take advantage of the provisions of this section must present satisfactory written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The applicant must also sign an acknowledgment that the continuing validity of his permit depends upon his continuing ability to provide the requisite number of parking spaces.
(4)
All satellite parking spaces shall be located in the same zoning district as the structures or uses served or shall abut at least 50 feet, either directly or across an alley, from the structure or uses served.
(5)
Satellite parking spaces shall be used solely for the parking of passenger automobiles. No commercial repair work or service of any kind shall be conducted, and no charge shall be made for parking. No sign of any kind, other than designating ownership, entrances, exits, and conditions of use, shall be maintained on such satellite parking areas.
(6)
Each entrance and exit to and from such parking area shall be at least 20 feet distant from any adjacent lot line located in any residential zone.
(7)
The satellite parking areas shall be subject to all requirements of this Ordinance concerning surfacing, lighting, drainage, landscaping, screening, and setbacks.
§ 230-87 Filling stations, public garages and parking lots.
A.
No gasoline filling station, public garage or automobile repair shop shall have an entrance or exit for vehicles within 200 feet along the same side of a street of the premises of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut, but in no case shall any such gasoline filling station, garage or shop be located within 100 feet of any of said public, semi-public or institutional buildings or properties. This regulation shall not be interpreted, however, as prohibiting a parking area accessory to and on the premises of the institution itself.
B.
No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within 12 feet of any street lot line or within 25 feet of any R District, except where such appliance or pit is within a building.
C.
On all corner lots, all vehicular entrances to or exits from any gasoline filling station, commercial, customer or employee parking lot for more than five motor vehicles or public garage or automobile repair shop shall be not less than 25 feet from the corner property lines extended. No such vehicular entrance or exit, whether on a corner lot or not, shall exceed 40 feet in width at the curbline or 30 feet at the property line.
§ 230-88 Motels.
Every motel shall comply with all sanitary and other requirements prescribed by law or regulation and, in addition:
A.
All buildings shall be distant not less than 20 feet from every property line.
B.
The buildings shall not occupy in the aggregate more than 25% of the gross lot area.
C.
No vehicular entrance to or exit from any motel of more than 10 units shall be within 200 feet along streets of a school, public playground, church, hospital, library or institution for dependents or for children, except where such building or property is in another block or fronts on a street on which such motel will have no entrance or exit.
D.
No existing motel or similar establishment shall be enlarged or extended unless the entire establishment is made to conform substantially to all requirements for a new motel.
§ 230-89 Temporary buildings; recreational vehicles.
A.
Temporary buildings and structures, including trailers, for uses incidental to construction work on the premises shall be permitted in any district where such construction is being done by a responsible contractor or builder under a contract having a definite completion date and on condition that such temporary buildings and structures shall be removed upon the completion or discontinuance of construction.
B.
Parking of a residential trailer or mobile home shall be prohibited in any district, except that no more than one licensed trailer or recreational vehicle may be parked and stored in an accessory building or in the rear yard of a principal use only, provided that no living quarters shall be maintained nor any business conducted in such trailer or recreational vehicle while it is parked or stored.
§ 230-90 Billboards and other signs.
Billboards and other outdoor advertising signs and structures, where permitted, shall be subject to the following conditions:
A.
Billboards. Except as otherwise provided herein, no billboard shall be permitted in any district.
B.
Real estate signs. Temporary real estate signs advertising improved property and not exceeding 12 square feet in size shall be set back from the front lot line at least 1/2 the distance required for a principal building on the lot, and no zoning certificate for the erection of such sign shall be required, provided that it conforms to this section and other provisions of this chapter. Other real estate signs shall be set back from every street line at least a distance in feet equal to 1/2 the number of square feet area of the sign, provided that such setback shall be not less than 40 feet from the right-of-way line in any R District and not less than the front yard depth required for a principal building in any B or M District; provided, further, that such setback need not be more than 100 feet.
C.
Signs in general. No billboard, real estate sign, accessory or other sign, sign structure or similar device shall be located so as to obstruct or conflict with traffic sight lines or traffic control signs or signals, especially at traffic intersections. Signs visible from a public road shall not contain the word "stop" or "danger" or otherwise simulate traffic control or other official signs. No lighting shall be permitted of signs or for advertising purposes which is of a flashing, intermittent, rotating or other animated type or which simulates that of any police or emergency vehicle or which tends to blind or distract an approaching motorist or shine directly into any dwelling in any R District.
§ 230-91 Site plans.
A.
All proposed new buildings or other improvements shall be constructed according to an approved comprehensive site plan. No building permit shall be issued for any work in connection with the use or structure until the Planning and Zoning Commission shall have reviewed and approved a site plan for said use or structure. The required documents must be submitted to the City Manager at least 15 days prior to the next regular meeting of the Planning and Zoning Commission.
B.
The Planning and Zoning Commission shall review the site plan for compliance with Pocomoke City's Comprehensive Master Plan, this chapter and other applicable regulations. The Planning and Zoning Commission may require changes in the site plan or attach conditions or restrictions to coordinate the proposed development with surrounding properties or improve the protection of the public's health, safety and general welfare.
C.
Planning and Zoning Commission approval shall authorize construction only in accordance with the approved site plan. Deviation from the approved site plan or failure to abide by attached restrictions and conditions shall be considered a violation of this chapter.
D.
Site plan standards. The following drafting standards and information shall be required on the site plan as appropriate:
(1)
Drafting standards. The site plan and all supporting drawings shall be prepared on one or more reproducible sheets 18 inches by 14 inches in size. The plan may be prepared in any conventional scale, provided that all information is clear and legible. The plan shall contain sufficient detail, labeling and dimensions to be easily understood. All lot dimensions shall be based on actual measurements or deed description.
(2)
General data. The plans shall identify the name and address of the property owner and/or applicant and the general location of the property by use of an insert vicinity map, North arrow, scale, date and zoning classification. The plan shall also bear the signatures of the applicant, the property owner or his or her attorney and the person who prepared the site plan.
(3)
Layout. The plan shall show all property lines, structures, building entrances, use areas, road access points, vehicular circulation, signs, yard setbacks, drainageways, utility lines, easements, landscaping, exterior lighting, fences, walls and other physical features. Both existing and proposed features shall be shown and labeled as such.
(4)
Elevations. The plan shall show typical schematic elevations of the major buildings or structures and of any freestanding signs. The elevations shall indicate the type of construction and basic exterior materials and color treatment.
(5)
Relationship to abutting roads and properties. The plan shall show the location of abutting roads, structures, use areas, parking lots, fences, walls, signs and other significant physical features within 100 feet of the property line.
(6)
General description. Accompanying the site plan shall be a written description of the project and its intended use or operation. Such description shall be typed on sheets 8 1/2 inches by 11 inches in size.
(7)
Other data.
(a)
The Planning and Zoning Commission may require such data, drawings or documentation as it deems necessary to adequately review the application for compliance with the intent and provisions of this chapter.
(b)
Waiver. The Planning and Zoning Commission may, at its discretion, waive or modify the requirement that the site plan show all property lines when such lines are not necessary to conduct an adequate review of the application.