Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 4
Site Development Standards
§ 18:1-59 Applicablity of Part 4.
[Amended 5-15-2007 by Ord. No. 06-20]
Site development standards apply to certain zoning approvals and permits, as well as all development in all districts that require subdivision or site plan approval. This Part 4 provides standards that regulate the protection of resources, buffer yards, landscaping, landscaping of parking areas, signs, lighting, parking and loading, and provides for the documentation of historic structures.
§ 18:1-60 Applicability of article.
The resource protection standards set forth in this article apply to development that occurs on a lot that contains floodplains, steep slopes, streams and stream buffers, wetlands, erosion hazard areas, woodlands, shore buffers, or habitats for threatened or endangered species. If two or more resources are present on the same area of land, the most restrictive resource protection standard shall apply.
§ 18:1-61 Floodplains.
§ 18:1-62 Steep slopes.
No development activities are permitted on slopes of fifteen-percent grade or higher.
§ 18:1-63 Streams and stream buffers.
A.
Except as allowed by Subsections B and C below, no development activities are permitted upon designated streams or within designated stream buffers. Stream buffers, except to the extent disturbance is allowed by Subsections B and C below, that are unvegetated at the time new development or redevelopment activities are approved on land on which such a buffer exists, shall be vegetated with native vegetation.
[Amended 9-7-2004 by Ord. No. 04-06]
B.
Within the AG Zoning District, no more than 20% of areas designated as a stream or a stream buffer may be disturbed for development activity.
C.
To preserve natural storm drainage systems, streams and stream buffers may be disturbed if such development activity is part of an approved stormwater management plan.
D.
Perennial stream buffers shall be 100 feet, and intermittent buffers shall be 50 feet.
E.
Fuel storage in excess of 300 gallons, landfills, effluent disposal uses, except for such uses designed to serve a single-family residential dwelling, fuel, chemical, or asphalt manufacturing or distribution facilities, the confined animal feedlot operations component of a mega farm, and all heavy industrial uses shall be located at least 300 feet from all stream buffers.
[Added 9-7-2004 by Ord. No. 04-07]
§ 18:1-64 Wetlands.
A.
No development activities are permitted on tidal or nontidal wetlands, or within 25 feet of a nontidal wetland, or within 100 feet of a tidal wetland or body of water, unless the applicant demonstrates proof of approval by the United States Army Corps of Engineers and/or the Maryland Department of Natural Resources or Department of Environment for any development or wetland disturbance proposed within the setbacks established in this section.
B.
Wetlands of state concern as identified by Maryland Department of Natural Resources or Department of Environment must have a one-hundred-foot buffer.
§ 18:1-65 Erosion hazard area.
A.
Except as provided in Subsection B below, no development activities are permitted in erosion hazard areas.
B.
Erosion hazard areas shall be classified in accordance with the Atlas of Historic Erosion Rates produced by the Maryland Department of Natural Resources and the United States Geological Service. Erosion hazard areas shall have shoreline erosion protection installed at the time of development. A detailed engineering report shall be submitted at the same time a site plan/subdivision is submitted that indicates the type of measures to be used and the data on why that measure was selected for that particular location. The determination of the need for shore protection may also be made by the Planning Director based upon site inspections. Nonstructural shoreline protection methods shall be considered first and used unless site-specific factors make them unsuitable.
§ 18:1-66 (Reserved) [1]
[1]
Editor's Note: Former § 18:1-66, Woodlands, was repealed 11-14-2023 by Ord. No. 22-03.
§ 18:1-67 Shore buffer
A.
Standard width.
(1)
For all new nonresidential and moderate-/high-density residential development, the standard shore buffer shall extend inland at least 300 feet from the edge of a tidal wetland, such distance being referred to in this section as the "standard shore buffer."
B.
Modification. Subject to Subsection C of this section, the Planning Commission may establish a shore buffer of less than 300 feet as may be necessary to permit reasonable development within the standard shore buffer if:
(1)
The tidal wetland and/or standard shore buffer covers more than 50% of a lot that was a lot of record and all abutting land in the same ownership as of April 9, 1987; or
(2)
The standard shore buffer prohibits any additional development landward of existing structures on an already improved lot.
(3)
The project is within a growth area with an adopted community plan and is located within a zoning district that permits large-scale, master-planned residential and/or nonresidential development and further provides that the site design would be improved by reduction of the standard shoreline buffer and there are on-site mitigation measures or other features designed to minimize environmental impacts related to the reduction.
C.
Extent of reduction. Any reduction of the standard shore buffer authorized under Subsection B of this section shall be the minimum necessary to allow practical development of the site. In no case shall the buffer be reduced to less than 100 feet, unless it meets the provisions and criteria of § 14:1-53 of the County Code.
D.
Forest management of shore buffer. All areas within the standard or reduced shore buffer as provided in this section for all new development that requires subdivision or site plan approval shall be subject to the buffer performance standards as provided in Chapter 14:1, Part 6, Article XI, of the County Code.
§ 18:1-68 Habitats of threatened and endangered species.
There shall be no disturbance of the habitat of threatened and endangered species except as permitted by U.S. Fish and Wildlife Services or Maryland Department of the Environment or Maryland Department of Natural Resources.
§ 18:1-69 Application of article.
This article contains the landscaping standards required for on-site landscaping, parking lots, district boundaries, and street buffers. The standards:
§ 18:1-70 Standard plant units.
A.
In general. Required landscaping shall conform to one or more of the following standard plant unit alternatives provided in this section.
B.
C.
Countryside, Estate, Suburban Estate, and Suburban Residential Districts. In the Countryside, Estate, Suburban Estate, and Suburban Residential Districts, the shrub requirements for street buffers may be substituted with two four-foot tall trees for every five shrubs required per plant unit.
D.
Buffer yards. In buffer yards, canopy trees may be reduced in caliper by one inch and evergreen trees may be reduced in height by two feet, if a three-foot high berm is used.
E.
Fractions of a plant unit. The amount and type of plantings for a fraction of a total plant unit shall be determined by the Planning Director.
§ 18:1-71 Landscaping standards on-site.
A.
In general. In accordance with the guidelines set forth in Subsection B below, multifamily, manufactured home communities and nonresidential developments shall contain a minimum amount of on-site landscaping in those areas not designated as parking areas, buffer yards, or buildings as specified in the table below. Existing vegetation may qualify at the discretion of the Planning Director.
Table of Standards for On-Site Landscaping [Amended 9-7-2004 by Ord. No. 04-24; 1-24-2012 by Ord. No. 11-17] | ||
|---|---|---|
District and Use | Number of Plant Units (per acre of required open space or landscape surface area) | |
Agricultural (AG) | ||
Agriculture | None | |
Agricultural support | 2 | |
All other nonresidential | 2 | |
Countryside (CS) | ||
Agriculture | None | |
Multifamily | 4 | |
All other nonresidential | 4 | |
Estate (E) | ||
Multifamily | 4 | |
All other nonresidential | 2 | |
Neighborhood Conservation (NC) | 4 | |
Suburban Estate (SE) | ||
Multifamily | 4 | |
All other nonresidential | 2 | |
Suburban Residential (SR) | ||
Multifamily | 4 | |
Manufactured home community | 4 | |
Institutional | 5 | |
All other nonresidential | 5 | |
Suburban Commercial (SC) | 5 | |
Suburban Industrial (SI) | 5 | |
Urban Residential (UR) | ||
Multifamily | None* | |
Manufactured home community | 6 | |
All other nonresidential | 6 | |
Urban Commercial (UC) | 4 | |
Grasonville Gateway Medical Center (GGMC) | 6 | |
Village Center (VC) | None* | |
Stevensville Historic Village Center (SHVC) | None* | |
Grasonville Neighborhood Commercial (GNC) | None* | |
Grasonville Village Commercial (GVC) | None* | |
Light Industrial Highway Service (LIHS) | 6 (75% located in front and side yards) | |
NOTES: * May be conditioned to meet the unique needs of the immediate area as part of the approval process. | ||
B.
Landscape design guidelines. To allow for better site design, placement of plant material, screening, and buffering, the following design guidelines are intended to allow for flexibility in the placement of required plantings to address site-specific conditions, but shall not be used to reduce the amount of required planting material.
(1)
A variety of species shall be used in the preparation of the landscaping plan, and the use of native species is encouraged. The landscaping plan should include a mix in plant size, shape, and textures.
(2)
The landscaping plan should incorporate a mix of species and materials that account for the seasonal changes. The plant materials should include flowering plants and evergreens that add interest to the site year round.
(3)
Landscaping and screening treatments between potentially incompatible uses should be installed or enhanced to lessen negative impacts.
(4)
Ornamental grasses may be substituted for required shrubs.
(5)
Foundation landscaping is strongly encouraged around commercial buildings.
(6)
Retention of existing healthy trees on-site is encouraged. Trees with a caliper measurement larger than five inches may receive consideration and credit for more than one new tree of minimum caliper size. When existing trees are kept on-site, they may be counted towards required landscaping, provided they meet the minimum size provided in the landscaping standards.
(7)
Landscaping shall not be placed in a location that may obstruct lines of sight for motorists or pedestrians that could result in an unsafe situation.
(8)
Substitution of required plants sizes may be considered in limited circumstances to address specific needs of the site or impacts on the adjacent properties.
(9)
Landscaping shall be used to break up large expanses of wall space on nonresidential buildings.
(10)
Freestanding signs shall have an architectural base or be landscaped in accordance with § 18:1-81A(10)(c)[4].
(11)
Landscaping should be used to screen mechanical equipment and outside storage of bulk materials.
§ 18:1-72 Landscaping standards for parking lots.
A.
In general.
(1)
Multifamily developments and nonresidential parking lots shall contain a minimum amount of landscaping within the parking lots and adjoining entrance drives and circulation drives as specified in the table below.
[Amended 1-24-2012 by Ord. No. 11-17]
Use | Zoning District | Number of Plant Units Required for Every 24 Parking Spaces |
|---|---|---|
All residential uses | E, SE, SR, UR, GNC, SHVC, GVC and VC | 1.5 |
All uses | UC, TC and GGMC | 2.0 |
All nonresidential uses | UR, GNC, SHVC, GVC, and VC | 2.5 |
Agricultural support uses | AG and CS | 1.5 |
All nonresidential uses, except agriculture and agricultural support uses | AG, CS, E, SE, SR, SC, SI, SIBE, and LIHS | 3.0 |
(2)
Planting areas and landscaping islands shall be no less that six feet wide and no less than the length of the adjacent parking space.
§ 18:1-73 Purpose of buffer yards.
§ 18:1-74 Buffer yard requirements.
B.
Procedure. To determine the type of buffer yard required on a lot or between two lots or between a lot and a street, the following procedure shall be used:
(1)
Identify whether any portion or lot line of the site constitutes a zoning district boundary (If it does, determine the zoning on both sides of the property.);
(2)
Determine whether the adjoining lot is vacant or developed;
(3)
Classify any street adjacent to the proposed use as an arterial, collector, local, or other street; and
§ 18:1-75 Responsibility for buffer yards.
A.
Proposed use adjacent to vacant lot. When a proposed use adjoins a vacant lot for which a buffer yard is required by the presence of a zoning boundary, the proposed use shall provide 1/2 of the required buffer.
B.
Second use to develop.
(1)
The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total required buffer yard.
(2)
If the adjoining use had developed prior to April 9, 1987, without a buffer yard, the second use is responsible for installing the total required buffer yard.
C.
Existing plant material. Existing plant material and/or land located on the first developed lot that meets the requirements of this Chapter 18:1 may be counted as contributing to the total required buffer yard.
D.
Adjacent lots. All or a portion of a required buffer yard may be provided on an adjacent lot, provided that both property owners execute a recordable instrument to that effect, which shall be reviewed and approved by the Planning Director.
§ 18:1-76 Table of required buffer yards and street buffers.
[Amended 9-7-2004 by Ord. No. 04-25; 1-18-2005 by Ord. No. 04-47; 1-24-2012 by Ord. No. 11-17; 10-9-2012 by Ord. No. 12-09; 8-12-2025 by Ord. No. 25-08]
A.
General buffer yard and street buffer requirements. The letters in the tables below establish buffer yard requirements and standards along adjacent zoning districts and streets, unless otherwise set forth in Subsections B through E of this section. For example, a B buffer yard is described in the Table of Buffer Yard Standards as being 15 feet wide and containing two plant units, as described in § 18:1-70, per 150 linear feet.
District Boundary Buffers | |||||||
|---|---|---|---|---|---|---|---|
Developing Property Zoning District | Adjacent Zoning District | ||||||
AG, CS | E | SE, SR, NC | UR,VC, GVC, GNC, SHVC | SC | SI, UC, TC, SIBE | LIHS | |
AG, CS | -- | -- | -- | -- | -- | -- | -- |
E | A | -- | B | C | D | E | E |
SR, SE | -- | A | -- | A | D | E | E |
UR, VC, GVC, GNC, SHVC | B | C | B | -- | C | D | D |
SC | D | D | D | C | -- | A | A |
SI, UC, SIBE, GGMC | D | E | E | D | A | -- | -- |
LIHS | L | L | L | L | L | L | -- |
NC | B | B | -- | B | A | A | A |
Street Buffers | ||||
|---|---|---|---|---|
Developing Property Zoning District | Arterial Street | Collector Street | Local Residential Street | Other Street |
AG | -- | -- | -- | -- |
CS | S | A | -- | -- |
E, SE, SR | D | C | S | S |
UR | D | C | C | C |
VC, GVC, GNC, SHVC | B | S | B | S |
SC | B | S | B | S |
SI, SIBE | D | C | E | S |
UC, TC, GGMC | B | B | D | S |
LIHS | L | L | L | L |
NC | C | C | C | C |
Table of Buffer Yard Standards | ||
|---|---|---|
Buffer Yard | Number of Plant Units (per 150 linear feet) | Buffer Yard Width (feet) |
A | 1 | 15 |
B | 2 | 15 |
C | 3 | 20 |
D | 4 | 20 |
E | 5 | 20 |
S | 2 | 10 from edge of street right-of-way |
L | 8 | 40 |
B.
Exception; property line not exactly 150 feet. In cases where the property line requiring a buffer is less than 150 feet in length, a minimum of one plant unit is required. For property lines requiring a buffer that is more than 150 feet in length, but not an even multiple of 150 feet, the required amount of plant units shall be calculated and determined by the Planning Director.
C.
Exception; commercial or industrial use. In cases where a commercial or industrial use is proposed adjacent to a residentially zoned property with an existing residential use, the Planning Commission may require earthen berms and/or opaque or semiopaque fencing in addition to the required plant units.
D.
Major cluster subdivision: In all zoning districts outside of the growth area, regardless of the district boundary a major cluster subdivision shall plant a vegetative buffer along the perimeter of the property line prior to the issuance of any permit
(1)
The buffer is to provide for immediate buffering capacity and additional protection for the existing and continuing agricultural uses on adjacent properties and minimally consist of the following:
(a)
Mix of native species;
(b)
30 feet in width; and
(c)
All plant material shall conform to the plant size specifications as established by the American Standard for Nursery Stock ANSI Z60.1-2014, as amended, and shall be planted to the following specifications:
[1]
A minimum of two staggered rows of evergreen trees that at installation, shall be at least six feet in height, planted on centers of six to 12 feet depending on plant type. Evergreen tree species shall be a varied mixture of compatible types and achieve a height of eight feet in a minimum of two years.
[2]
Deciduous shade trees with a minimum size at installation of two-inch caliper shall be interspersed with the evergreens, planted on center no greater than 100 feet.
[3]
understory trees with a minimum size at installation of one-inch caliper or six feet in overall height each planted on center no greater than 100 feet.
[4]
Shrubs, 18 per every 100 feet, intermediate or tall, with a minimum size at installation of 24 inches in height or 30 inches in spread.
(e)
Existing healthy vegetation within the required buffer area may be used to satisfy the specific buffer standards.
[1]
In the event that healthy vegetation which is intended to meet the buffer planting requirements is cleared, damaged, or destroyed, the vegetation shall be replaced with the same species or with an approved substitute. The removal of any existing vegetation shall void any credit received and a revised landscape plan shall be submitted.
E.
Buffer design. Notwithstanding the other provisions of this section, the design of a required buffer shall ensure that neighboring properties and public rights-of-way are adequately screened from adverse external effects of proposed adjacent uses.
§ 18:1-77 Buffer yard use.
A.
In general. A buffer yard:
§ 18:1-78 Purpose of sign standards.
A.
Purpose. The purposes of the sign regulations under this article are to:
(1)
Protect the public health, safety, and welfare by minimizing traffic hazards created by signage that may onerously distract a driver's attention from the road;
(2)
Encourage the effective use of signs as a means of communication in the County;
(3)
Maintain and enhance the aesthetic environment and the County's ability to attract and retain sources of economic development and growth;
(4)
Protect the rural appearance of the County in areas where rural character predominates;
(5)
Conserve the scenic beauty of the County;
(6)
Improve traffic and pedestrian safety;
(7)
Minimize the possible adverse effects of signs on nearby public and private property; and
(8)
Enable the fair and consistent enforcement of these sign regulations.
B.
Intent. The sign regulations under this article are not intended to regulate or infringe upon any type of free speech and shall be applied to all advertising displays regardless of the content of the sign message.
§ 18:1-79 Measurement of sign area.
A.
In general. Sign area shall be measured in the following manner.
B.
Freestanding, projecting, and marquee signs.
(1)
In the case of a freestanding, projecting, or marquee sign, sign area consists of the entire surface area of the sign on which copy could be placed.
(2)
The supporting structure or bracing of a sign shall not be counted as part of the sign's area.
(3)
If a sign has two display faces back-to-back that are no more than two feet apart, the area of only one face shall be considered as the sign face area.
(4)
If a sign has more than one display face, all areas that can be viewed simultaneously shall be considered the sign face area.
C.
Other signs; border. In the case of a sign, other than a freestanding, projecting, or marquee sign, whose message is fabricated together with the background that borders or frames that message, sign face area shall be the total area of the entire background.
D.
Other signs; no border. In the case of a sign, other than a freestanding, projecting, or marquee sign, whose message is applied to a background which provides no border or frame, sign face area shall be the area of the smallest polygon that can encompass all words, letters, figures, emblems, and other elements of the sign message.
§ 18:1-80 Sign lighting.
B.
General illumination. With general illumination, the sign itself neither is lighted internally nor has an external source of light specifically directed at it. Rather, the sign depends on the general illumination of the area (e.g., parking lot, traffic, or pedestrian areas) for its illumination.
C.
Internally illuminated sign. With an internally illuminated sign, the sign is made of translucent material with internal lights.
D.
Internally illuminated letter sign. With an internally illuminated letter sign, the sign is made of metal, wood, or other material that is not translucent, and the message is made of a translucent material that is lighted from within the sign. Signs that consist of or contain tubes that:
(1)
Are filled with neon or some other gas that glows when an electric current passes through it; and
(2)
Are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign, shall be considered internally illuminated letter signs.
E.
Backlight illumination. With backlight illumination, the sign message is opaque and is raised beyond the sign's background, and the diffused-lighting sources illuminate the background.
F.
Shielded spotlight illumination. With shielded spotlight illumination, the sign is lighted by spotlights specifically directed at the sign and fully shielded so that the source is not visible from streets or adjoining property.
§ 18:1-81 Permits; alterations; moving signs; location; performance standards.
A.
Sign permit needed; exceptions.
(2)
Allowed signs without a permit. The following signs are allowed, subject to the restrictions under this subsection, without a sign permit.
(a)
Signs not exceeding four square feet in area that are customarily associated with a residential use and that are not of a commercial nature, such as:
(b)
Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
(c)
Official signs of a noncommercial nature erected by public utilities.
(d)
National, state, local, and nonprofit or service organization flags when not displayed in connection with a commercial promotion or as an advertising device.
(e)
Internal decorative or architectural features of buildings or works of art, as long as such features or works do not contain letters, logos, trademarks, or moving parts.
(f)
Signs directing and guiding traffic on private property that do not exceed four square feet and that do not bear advertising matter.
(h)
Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.
(j)
One property security system identification sign, provided that the sign does not exceed one square foot in area.
(k)
Crop identification signs, provided each sign does not exceed 32 square feet in area and is not illuminated.
(l)
Political signs.
[1]
Political signs advertising political parties or candidates for election.
[3]
Unsuccessful candidates in a primary election must remove their political signs within 30 days after the primary election.
[4]
All political signs must be removed within 30 days after a general election.
[5]
The erector of a political sign or an authorized agent of the political party or candidate shall be required to obtain a temporary sign permit from the Zoning Office.
(m)
(n)
Signs advertising permitted temporary produce sales, provided that the signs are in conformance with § 18:1-53D(6) of this Chapter 18:1.
(o)
(p)
Displays, including lighting, erected in connection with the observance of County, state, or federally recognized holidays, provided that such display is removed within 10 days following the holiday.
(q)
Signs attached to the interior of a building window or glass door.
(3)
Sign alterations. The repainting, changing of parts, and preventative maintenance of signs are not deemed alterations requiring a sign permit.
(4)
Moving signs generally prohibited. Except for time and/or temperature signs, and other permitted electronic signs, no flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs, pennants, or other decorations are permitted.
(5)
Obstructing traffic prohibited. A sign may not obstruct a clear view of traffic along any street right-of-way, entrance, or exit. Signs located at the intersection of public roads shall be subject to the requirements of Chapter 23 of this Code.
(6)
Sign location. Except for signs of a duly constituted governing body, a sign, including a traffic sign or similar regulatory notice, may not project or be located within road right-of-way lines.
(7)
Height and clearance.
(a)
The height of a freestanding sign may be measured from the grade of an adjoining road, provided that the road is within 50 feet of the location of the proposed sign. If there is no road located within 50 feet, or if the natural grade of the sign site is higher than the grade of the adjoining road, the height of a freestanding sign shall be measured from the existing natural grade of the ground below the proposed sign.
(b)
The clearance of a projecting sign shall be measured from the base of the sign face to the ground below finished grade. Clearance of a projecting sign shall be at a minimum of seven feet above finished grade.
(8)
Wall signs. A wall sign may not extend beyond the facade edge of a building. Wall signs may not extend beyond the edge of any wall to which they are mounted, nor may they project more than 18 inches from the wall surface. A sign attached to the roof is considered a wall sign and may not extend beyond the edge of a roofline or higher than the roofline.
(9)
In buffer yard. A sign may not be located within a required buffer yard unless the buffer yard is adjacent to a public road or right-of-way.
(10)
Sign performance standards for permanent freestanding, wall, and projecting signs.
[Amended 9-7-2004 by Ord. No. 04-26]
(a)
The number of freestanding signs allowed is as follows.
[1]
In the UC, TC, SC, SI, SIBE, LIHS, VC, GVC, SHVC, GNC, and GGMC Districts, a nonresidential development site (single- or multiple-use site) is allowed one freestanding sign or, if the site has more than 500 feet of road frontage on a single road or has frontage on two or more adjoining roads, two freestanding signs. If a site has adjoining frontage on multiple roads, only one freestanding sign is allowed on each frontage unless that frontage exceeds 500 feet. In no case shall a development site have more than two freestanding signs with a total combined freestanding sign surface area exceeding that which is allowed under this Chapter 18:1.
[Amended 1-24-2012 by Ord. No. 11-17]
[2]
In the AG, CS, E, SE, SR, UR, and NC Districts, a legally permitted nonresidential development site (single- or multiple-use site) is allowed one freestanding sign.
(b)
The freestanding sign surface area is as follows.
[1]
In the UC, TC, SC, SI, SIBE, LIHS, VC, GVC, SHVC, GNC, and GGMC Districts, the total maximum freestanding sign surface area for a nonresidential development site (single- or multiple-use site) shall be determined in accordance with the following table.
[Amended 1-24-2012 by Ord. No. 11-17]
Development Site | Maximum Freestanding Sign Surface Area (square feet) |
|---|---|
0 - 24,999 square feet gfa or 0 - 299 feet linear road frontage | 150 |
25,000 - 49,999 square feet gfa or 300 - 499 feet linear road frontage | 200 |
50,000 square feet gfa or 500 or more feet linear road frontage NOTES: gfa = gross floor area | 250 |
[2]
In the AG, CS, E, SE, SR, UR, and NC Districts, a legally permitted nonresidential development site (single-or multiple-use site) is allowed a maximum of 35 square feet of total freestanding sign surface area.
(c)
Freestanding sign height, setback, and base restrictions are as follows.
[1]
In the UC, TC, SC, SI, SIBE, LIHS, VC, GVC, SHVC, GNC, and GGMC Districts, the maximum height of a freestanding sign shall be determined in accordance with the following table.
[Amended 1-24-2012 by Ord. No. 11-17]
Distance of Sign to Nearest Property Line (foot setback) | Maximum Height (feet) |
|---|---|
At property line to 24 | 20 |
25 to 49 | 25 |
50 or larger | 30 |
[2]
In the AG, CS, E, SE, SR, and NC Districts, the maximum height of a freestanding sign is 10 feet.
[3]
No portion of a freestanding sign may extend beyond a property line of the development site onto another property or public right-of-way.
[4]
All freestanding signs shall have an architectural base or a landscaped area consisting of low shrubs, ornamental grasses, or similar vegetation at the base of the sign that is at least as long as the sign face area and a minimum of four feet in width. A freestanding sign support may not consist of bare poles or posts entering the ground.
(d)
Wall or projecting sign surface area restrictions are as follows.
[1]
A nonresidential development (single- or multiple-use site) is allowed a maximum wall or projecting sign surface area per use. The maximum total area can be used solely for wall signs, solely for projecting signs, or for a combination of wall and projecting signs.
[2]
In the case of a nonresidential development site with multiple uses on a parcel of record, wall or projecting sign permits may be issued in the name of the parcel owner or the owner's agent rather than in the name of individual businesses requesting a particular sign. The property owner or agent may proportionately allocate total wall or projecting sign area among various uses or tenants. The County is not responsible for enforcing any provisions of an owner's allocation formula, lease arrangements, or other private contractual restrictions.
[3]
In the UC, TC, SC, SI, SIBE, LIHS, VC, GVC, SHVC, GNC, and GGMC Districts, total maximum wall or projecting sign surface area per nonresidential use shall be determined in accordance with the following table.
[Amended 1-24-2012 by Ord. No. 11-17]
Gross Floor Area of Individual Uses (square feet) | Maximum Wall or Projecting Sign Surface Area (square feet) |
|---|---|
0 - 24,999 | 60 |
25,000 - 49,999 | 80 |
50,000 or larger | 100 |
[4]
In cases where a property owner or agent has devised and submitted an allocation formula for a multiple-use development site, wall or projecting sign area for a specific use may exceed that allowed in the above table, provided that the overall total wall or projecting sign surface area for the entire multiple-use development is not exceeded.
(e)
In the AG, CS, E, SE, SR, UR, and NC Districts, a legally permitted nonresidential development site is allowed 20 square feet of wall or projecting sign area per use.
(f)
As long as total wall or projecting sign surface area is not exceeded, there is no limit on the total number of wall or projecting signs.
(g)
A property owner may increase total wall or projecting sign surface area by transferring up to 25% of the development site's total freestanding sign surface area to wall signage if a reduced size freestanding sign is used. If no freestanding sign is used, a property owner may transfer up to 50% of the development site's total freestanding sign surface area to wall signage.
(11)
Notwithstanding any other provisions of this section, a nonresidential use in the UC, SC, SI, LIHS, or VC District that adjoins a navigable waterway is allowed the following signage in addition to what is otherwise allowed under this Chapter 18:1.
(12)
Notwithstanding any other provisions of this section, all permitted and conditional, commercial, and institutional uses in the CS District that are located on property within 1,000 feet of an arterial road are allowed one freestanding sign with a total sign area not exceeding 150 square feet and not exceeding 20 feet in height.
(13)
Electronic signs, including light-emitting diode ("LED") signs, are permitted as freestanding signs subject to the following limitations:
(a)
No electronic sign shall exceed 60 square feet of the maximum freestanding sign surface area otherwise permitted pursuant to § 18:1-81A(10)(b)[1] above; and
(b)
Surface area copy may not change more frequently than every 30 seconds.
[Amended 2-14-2017 by Ord. No. 16-12]
(c)
Electronic signs shall have no revolving, flashing, moving, scrolling, rotating or similar intermittent lights or features that simulate movement.
(d)
An electronic sign may not be animated, play video or audio messages or blink in any manner.
(e)
An electronic sign shall consist only of alphabetic or numeric characters on a plain background but may include company or business logos and graphic, pictorial, or photographic images, provided the same are not distasteful or distracting.
[Amended 2-14-2017 by Ord. No. 16-12]
(f)
Electronic signs shall not exceed a maximum illumination of 7,500 nits during daylight hours and a maximum illumination of 750 nits for the time period between sunset and sunrise as measured from the sign's face at maximum brightness. The applicant shall provide written certification from the sign manufacturer that the light intensity has been preset not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password protected software or other appropriate methods.
§ 18:1-82 Detailed sign regulations by sign type.
A.
Development identification signs.
(1)
On-premises development identification signs are permitted, provided that a sign:
(2)
Lighting of a development identification sign may be by internal lighting, backlighting, general illumination lighting, or by shielded spotlights.
(3)
A development identification sign for a rental or lease development may contain the name and telephone number of the leasing agent, together with such wording as "Rental Information," "Leasing," or other related wording, provided this information is limited to less than eight square feet or 1/4 of the total sign area, whichever is less.
(4)
Not more than two on-premises development identification signs are permitted per development access road.
B.
Marquee signs. Theaters, museums, and auditoriums are permitted one marquee sign, provided that:
C.
Directional information on certain on-premises freestanding signs. Notwithstanding the provisions of § 18:1-81A(10) of this Chapter 18:1, any on-premises freestanding sign in the UC, SC, SI, LIHS, VC, and GGMC Districts that is oriented towards a controlled access highway may incorporate a ten-square-foot increase in sign area, provided that a minimum of 10 square feet is used for highway exit information.
[Amended 1-24-2012 by Ord. No. 11-17]
D.
Off-site directional signs.
(1)
Except as provided under Subsection D(4) of this section, a permanent off-site directional sign stating the name of a business or business area is allowed in all districts in accordance with this subsection.
(2)
The business or business area sign shall be located on a local or collector street and shall be at least 1,000 feet of road distance from a major highway or arterial roadway.
(3)
An off-site directional sign may only be used for:
(a)
Any other use determined by the Planning Commission to be tourism related.
(b)
Bed-and-breakfasts;
(c)
Campgrounds;
(d)
Clubs, lodges, and fraternal and service organizations;
(e)
Community business areas;
(f)
Conference centers;
(g)
Country store;
(h)
Cultural, historical, or environmental education sites;
(i)
Golf courses;
(j)
Hotels, motels, and country inns;
(k)
Marinas;
(l)
Pick-your-own-produce stands;
(m)
Plant nurseries;
(n)
Produce stands;
(o)
Restaurants;
(p)
Shooting clubs; and
(q)
Waterfront event sites.
(4)
Off-site directional signs may not be used for home occupations.
(6)
Each sign shall be constructed in accordance with standards adopted by the County Department of Public Works.
(7)
Not more than four signs may be supported by a single structure.
(8)
Not more than one sign for a single business or business area is allowed in one direction at any intersection on any major highway or arterial roadway.
(9)
Not more than two structures that support the signs are allowed in any one direction at an intersection located on a major or arterial roadway.
(10)
The Planning Commission may allow additional signs in excess of the number allowed under this subsection at not more than two intersections of collector or local roads leading to a business or business area.
(11)
An off-site directional sign may not be illuminated by an external source of light specifically directed at it.
(12)
Approval shall be obtained from the Department of Planning and Zoning authorizing the installation of a sign. Application for approval shall be made to the Department and shall include:
(13)
There is a fee of $150 for each sign. All fees for the installation and maintenance of the sign are to be paid when required.
(14)
The person requesting approval of an off-site directional sign shall provide a sign that conforms to the standards adopted by the County Department of Public Works.
(15)
The Department of Public Works is responsible for the installation of each sign.
E.
Public/quasi-public directional signs.
(1)
Off-premises directional signs are permitted so as to give sufficient notice of the location of governmental facilities, hospitals, colleges, schools, unincorporated communities, or general commercial areas, provided that a sign may not exceed eight square feet in area.
F.
Banners.
(1)
Banners are allowed as a temporary sign in the UC, SC, SI, LIHS, VC, and GGMC Districts, subject to the conditions under this subsection.
[Amended 1-24-2012 by Ord. No. 11-17]
(2)
A temporary sign permit is required.
(3)
A permit for a banner is valid for 15 days.
(4)
A maximum of six banner permits are allowed per use per year.
(5)
A banner may not exceed 60 square feet of sign area.
(6)
A banner must be securely fastened to a solid wall of a permanent on-site structure and may not be supported by freestanding poles or deck railings, hung on the side of a vehicle, or be located on any roof.
(7)
A banner may be used only to advertise activities conducted on the property on which the banner is located or to present public service information.
G.
Special event activities.
(1)
On-premise signs and banners for a special event, such as a grand opening, fair, carnival, circus, festival, or other similar event, are allowed, subject to the conditions under this subsection.
(2)
A sign or banner may not be erected earlier than four weeks before the event and shall be removed not later than one week after the event. There may not be more than two signs or banners per event.
(3)
A sign or banner may not exceed 32 square feet in sign area.
(4)
Banners used as special event signs may be supported by freestanding poles.
(5)
Periodic sales events and promotional marketing for an existing business do not constitute special events for purposes of this subsection.
§ 18:1-83 Application of article.
This article describes required standards for off-street parking and off-street loading.
A.
Application of section.
(1)
The County Commissioners recognize that the parking space requirements set forth in this section cannot and do not cover every possible situation that may arise. Therefore, in cases not specifically covered, the Planning Commission may determine the parking space requirement using this article as a guide.
(2)
Shared and mixed-use parking.
(a)
In some cases one parking area may 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.
(b)
To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the Planning Commission may allow for the same spaces to be credited to both uses, thereby reducing the overall parking space requirement. 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 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.
(c)
If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of § 18:1-83A(3) are also applicable.
(3)
Satellite parking.
(a)
If the number of off-street parking spaces required by this Chapter 18 cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then the Planning Commission may allow spaces to 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."
(b)
All such satellite parking spaces, except spaces intended for employee use, must be located within 400 feet of a public entrance of a principal building housing the use associated with such parking, or within 400 feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use may be located within any reasonable distance.
(c)
The developer wishing to take advantage of the provisions of this section must present a binding legal contract that he has the permission of the property owner of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgment that the continuing validity of his certificate of occupancy or zoning permit depends upon his continuing ability to provide the requisite number of parking spaces.
C.
Commercial and entertainment uses.
(1)
Except as otherwise specifically designated in this subsection, for commercial and entertainment uses, the minimum number of parking spaces shall be:
(a)
One space per 350 square feet of gross floor area of customer sales and service and office gross floor area; and
(b)
One space per 500 square feet of storage or warehousing area or, if the use has at least 100,000 square feet of gross floor area, four spaces per 1,000 square feet of gross floor area.
(7)
For hotels, guest lodges, country inns and bed-and-breakfasts, the minimum number of parking spaces shall be:
(a)
One space per room, guest lodge, or suite;
(b)
One space per every three employees on the largest work shift;
(c)
One space per three individuals to the maximum capacity of each public meeting and/or banquet room;
(d)
Fifty percent of the spaces otherwise required for accessory uses (e.g., restaurants and bars); and
(e)
For hotels with more than 20 units located along or adjacent to arterial roadways four pull-through parking spaces shall be provided.
(8)
For private clubs, the minimum number of parking spaces shall be one space per three individuals to the maximum capacity of the facility.
(12)
For shopping centers of 100,000 square feet or more of floor area, the minimum number of parking spaces shall be four spaces per 1,000 square feet of gross floor area.
(13)
For shopping centers of less than 100,000 square feet of floor area, the minimum number of parking spaces shall be equal to what is required for what can best be determined to be the individual components of the center.
(14)
For theaters and auditoriums, the minimum number of parking spaces shall be one space per three patrons based on maximum capacity. This requirement may be satisfied on a space-by-space basis by the facility if the facility provides written proof that it has the use of a nearby parking lot available to its patrons (e.g., by contractual agreement).
(15)
For antique and trade shops the minimum number of parking spaces will be 2.5 spaces per 1,000 square feet of floor area.
(16)
For furniture stores the minimum number of parking spaces shall be 2.5 per 1,000 square feet of retail space.
(17)
For banquet and conference center facilities, the minimum number of parking spaces shall be one space per 250 square feet of gross floor area.
[Added 2-24-2009 by Ord. No. 08-19]
D.
E.
Institutional, indoor, recreational, and special residential uses.
(2)
For day and youth camps, the minimum number of parking spaces shall be:
(3)
For cemeteries, one parking space shall be provided if a travelway which can accommodate parking is not present or a house of worship with associated parking is not adjacent to the site.
(4)
For churches, the minimum number of parking spaces shall be one space per four seats to the maximum capacity.
(7)
For group dwellings, the minimum number of parking spaces shall be one space per bedroom or sleeping room, and one space per employee on the largest work shift.
(16)
For rural country clubs and resort country clubs the minimum number of parking spaces shall be:
(a)
Four parking spaces per each golf hole, plus;
(b)
One space for every four persons of the total maximum rated capacity. "Total maximum rated capacity" refers to the sum of the rated capacities for all interior public assembly areas, as determined by the State Fire Marshal's Office.
(c)
An overflow parking area shall be designated which can accommodate the same number of cars as required by this subsection. The overflow parking area need not be paved or otherwise improved, but must meet all property line setback and buffer yard requirements.
G.
Office uses.
(1)
Except as otherwise specifically designated in this subsection, for general offices, the minimum number of parking spaces shall be four spaces per 1,000 square feet of gross floor area.
(2)
For medical offices, the minimum number of parking spaces shall be five spaces per full-time doctor.
(4)
For industry offices, the minimum number of parking spaces shall be 2.5 spaces per 1,000 square feet of gross floor area.
H.
Outdoor recreational uses.
(1)
Except as otherwise specifically designated in this subsection, for outdoor recreational uses, the minimum number of parking spaces shall be one space per four expected patrons at maximum capacity.
(3)
For outdoor swimming pools, the minimum number of parking spaces shall be one space per 75 square feet of gross water area.
(4)
For tennis courts, the minimum number of parking spaces shall be three spaces per court.
(5)
For amphitheater, the minimum number of parking spaces shall be one space per three patrons/users based upon maximum capacity. This requirement may be satisfied on a space-by-space basis by the facility if the facility provides written proof that it has the use of a nearby parking lot available to its patrons.
K.
Road and water service uses.
[Amended 2-24-2009 by Ord. No. 08-19]
(1)
For convenience grocery stores, the minimum number of parking spaces shall be:
(4)
For vehicle sales and services, the minimum number of parking spaces shall be one space per 1,500 square feet of gross floor area.
(6)
For maritime convenience stores, the minimum number of parking spaces and docking facilities shall be:
N.
Migrant labor camps. For migrant labor camps, the minimum number of parking spaces shall be one space for every 10 migrants at maximum capacity.
O.
Paving required; maintenance. All parking areas, except those allowed for uses which require fewer than 25 parking spaces, shall be paved. Unpaved parking areas shall consist of compacted base with crushed stone placed on the compacted base. All parking areas shall be maintained in a dust-free, safe condition at all times.
P.
Live-work units. For live-work units, the minimum number of parking spaces shall be:
[Added 2-24-2009 by Ord. No. 08-19[1]]
(1)
Two spaces per each unit for live/work units less than 2,500 square feet.
(2)
Two spaces for the first 2,500 square feet plus one space for each additional 200 square feet of space for retail or customer service.
[1]
Editor's Note: This ordinance also redesignated former Subsection P as Subsection R.
Q.
High dry storage facilities or rackominiums. For high dry storage facilities or rackominiums, the minimum number of parking spaces shall be:
[Added 2-24-2009 by Ord. No. 08-19]
(1)
One space per 10 dry boat storage spaces;
(2)
One space per two wet slips;
(3)
Wet slips used for charter boats including, but not limited to charters for fishing, shelling, diving and sightseeing purposes are computed at one space per three boat passengers based on the maximum number of passengers; with charter boats used for dining are computed at one space per two boat passengers based upon the maximum number of passengers.
(4)
Other uses associated with high dry storage facility or rackominium as part of a mixed-use development must meet additional parking requirements as specified for specific uses.
(5)
One space per one employee of the largest shift.
R.
Off-street parking design standards.
(1)
Length and width.
(a)
A required off-street parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas.
(b)
The length of parking spaces can be reduced to 16.5 feet, including wheel stop, if additional space of 1.5 feet in length is provided for the front overhang of the car.
(c)
A parking space shall have a vertical clearance of at least seven feet.
(2)
Horizontal widths for parking rows, aisles and modules shall be provided at widths no less than listed in the following table:
One-Way | Angled | ||||
|---|---|---|---|---|---|
Parallel (feet) | 30° (feet) | 45° (feet) | 60° (feet) | 90° (feet) | |
Single row of parking | 9 | 17 | 31 | 20 | 18 |
Driving aisle | 12 | 12 | 13 | 18 | 24 |
Minimum width of module | 21 | 31 | 32 | 38 | 42 |
Two rows of parking | 18 | 34 | 38 | 40 | 36 |
Driving aisle | 12 | 12 | 13 | 18 | 24 |
Minimum width of module | 30 | 46 | 51 | 58 | 60 |
NOTES: Minimum drive aisles are subject to emergency services approval on a site-specific basis. | |||||
(3)
Access.
(a)
Each required off-street space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.
(b)
All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley, in a manner that least interferes with traffic and pedestrian movements.
(c)
A driveway across public property, or requiring a curb cut, may not exceed a width of 25 feet.
(4)
Parking for the handicapped shall be provided at a size, number and location as specified by state and federal regulations.
§ 18:1-84 Off-street loading standards.
A.
In general. Any use with a gross floor area of 6,000 square feet or more that requires deliveries or shipments must provide off-street loading facilities in accordance with the requirements specified in this section.
B.
Number of berths required; retail, industrial, manufacturing use. Every retail establishment, industrial or manufacturing use, warehouse, wholesale use, freight terminal, railroad yard, hospital or sanitarium that has an aggregate gross floor area of 6,000 square feet or more shall provide off-street loading facilities in accordance with the following table, except that any miniwarehouse facility that can demonstrate that loading areas may be accommodated in the drive aisles are not required to provide a designated loading area.
Gross Floor Area (square feet) | Number of Berths |
|---|---|
6,000 to 24,999 | 1 |
25,000 to 79,999 | 2 |
80,000 to 127,999 | 3 |
128,000 to 198,000 | 4 |
199,000 to 255,999 | 5 |
256,000 to 319,999 | 6 |
320,000 to 391,999 | 7 |
For each additional 72,000 square feet, or fraction thereof | 1 additional |
C.
Public assembly use. Every public assembly use, such as auditoriums, convention halls, exhibition halls, stadiums or sports areas, funeral homes and restaurants and hotels, that has an aggregate gross floor area of 6,000 square feet or more shall provide off-street berths as follows.
Gross Floor Area (square feet) | Number of Berths |
|---|---|
6,000 to 29,999 | 1 |
30,000 to 119,999 | 2 |
120,000 to 197,999 | 3 |
198,000 to 290,999 | 4 |
219,000 to 389,999 | 5 |
390,000 to 488,999 | 6 |
489,000 to 587,999 | 7 |
588,000 to 689,999 | 8 |
For each additional 105,000 or fraction thereof | 1 additional |
D.
Number of berths required; office use. For office use that has an aggregate gross floor area of 6,000 square feet or more, one loading berth shall be provided for the first 6,000 to 100,000 square feet of office floor area with one additional berth to be provided for each 100,000 square feet of floor area.
E.
Minimum area of loading space. The minimum area for each off-street loading space, excluding area for maneuvering, shall be 250 square feet.
F.
Loading area. At no time shall any part of a truck or van be allowed to extend into the right-of-way or a public thoroughfare while the truck or van is being loaded or unloaded.
§ 18:1-85 Lighting.
A.
Purpose.
(1)
The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source.
(2)
With respect to motor vehicles in particular, safety considerations form the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated.
B.
In general.
(1)
The following standards are required for all exterior lighting, except for outdoor public street lighting and recreational uses specifically exempted under Subsection D of this section.
(2)
The maximum luminaire height allowed is dependent on whether the luminaire has a total cutoff of light at an angle of less than 90°. This is designed as a protection against excessive glare and light spilling over to neighboring properties. The exceptions that are permitted provide adequate protection for neighboring residential property.
C.
Exterior lighting standards.
(1)
Exterior lighting shall meet the following standards.
(a)
If a luminaire has no cutoff, then the maximum permitted height of the luminaire shall be:
Standard | Maximum Permitted Height of Luminaire (feet) |
|---|---|
Residential uses | 12 |
Nonresidential uses | 20 |
(b)
If a luminaire has a total cutoff of light at an angle less than 90° and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground, then the maximum permitted height of the luminaire shall be:
Standard | Maximum Permitted Height of Luminaire (feet) |
|---|---|
Nongrowth area residential uses | 20 |
Nongrowth area nonresidential uses | 30 |
Growth area residential uses | 30 |
(2)
All exterior lighting shall be installed and maintained so as to confine direct light beams to the lighted property and away from nearby properties and the vision of passing motorists.
(3)
No exterior lighting shall cause illumination in excess of 0.25 footcandle above background light levels, as measured at grade at the property line of the site.
D.
Exemption for specified outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts are exempted from the exterior lighting standards of Subsection C of this section, provided that the Planning Commission, during a site plan review, is satisfied that the site plan indicates that the outdoor recreational uses meet all other requirements of this section and of this article and the following conditions:
(1)
Lighting for the outdoor recreational uses specified above may not exceed a maximum allowed luminaire height of 80 feet; and
(2)
Lighting for the outdoor recreational uses specified above may exceed a total cutoff angle of 90°, provided that the luminaire is shielded in either its orientation or by a landscaped buffer yard to prevent light and glare spillover to adjacent residential property.
F.
Exterior lighting plan. At the time an exterior light is installed or substantially modified, and whenever a zoning certificate is sought, an exterior lighting plan shall be submitted to the County in order to determine whether the requirements of this section have been met and that adjoining property will not be adversely impacted by the proposed lighting.
§ 18:1-86 Application of article.
This article governs the standards that apply to controlling access to specific roads.
§ 18:1-87 Road access standards.
Access to public roads and streets in the County shall be limited to insure that the congestion created by turning movements is reduced to an absolute minimum and all developments shall meet the following standards.
A.
All proposed residential sites/lots shall take direct access only to local streets wherever possible.
B.
Sites/lots fronting on local roads, major and minor collectors and arterial roads shall be discouraged from taking more than one point of access. In instances where more than one access point is proposed, the number shall be minimized by combining access points whenever possible and shall be consistent with the traffic volumes anticipated from the use. In all cases, new access points shall be minimized to the extent practical and designed in a manner to provide the orderly and systematic flow of traffic consistent with the County Road Ordinance.[1]
C.
Residential strip development along existing roadways shall be minimized and discouraged. Residential subdivisions having five or fewer lots per subdivision may have direct access to an existing County or state road. Any additional lots or access points shall have access from an internal public or private road unless:
(1)
The Planning Commission finds that the size, shape, topography, soil types, or other physical conditions prevent internal access to all of the lots required to have such access; or
(2)
In an AG or CS large-lot subdivision, the additional lots are at least 20 acres in area and have a frontage of at least 600 feet on a County or state road.
D.
Access to any residential lot may be gained either by providing 35 feet of lot frontage or, where the property owner demonstrates eligibility for and participation in the MALPF program, by recording an access easement, which is 35 feet in width, between the road and the newly created lot.
§ 18:1-88 Public roads.
[Amended 12-17-2013 by Ord. No. 13-22]
A.
General prohibition. Public road facilities are subject to review and approval by the Department of Public Works in accordance with Chapter 23 of the County Code.
B.
Basic characteristics. A public road is required if it provides direct frontage or access to eight or more lots or existing parcels of land.
§ 18:1-89 Private roads created after November 1987.
A.
General prohibition. Private road facilities created after November 1987 are subject to review and approval by the Department of Public Works and may not be approved except as provided in this section.
[Amended 12-17-2013 by Ord. No. 13-22]
B.
Basic characteristics. A private road may be allowed only if:
[Amended 12-17-2013 by Ord. No. 13-22]
(1)
It is designed and constructed in accordance with Chapter 23 of the County Code and seven or fewer lots unless the Planning Commission approves greater than seven lots and existing parcels of land have direct frontage or take access along the private road right-of-way; or
(2)
It is permitted under one of the Master Plan districts and is designed in accordance with Chapter 23 of the County Code.
(3)
The Planning Commission may approve greater than seven lots on a private road with the following conditions:
[Added 8-9-2011 by Ord. No. 11-14; amended 12-17-2013 by Ord. No. 13-22]
(a)
The road is constructed to public road standards and meets any other requirements from the Department of Public Works; and
(b)
Access for fire and emergency services is maintained; and
(c)
Public utility easements are provided; and
(d)
A connectivity to public roads will be maintained; and
(e)
A favorable recommendation from the Department of Public Works is provided; and
(f)
Other conditions that the Planning Commission may impose based upon specific site conditions or other considerations
C.
When authorized. If a private road meets the requirements of Subsection B of this section, a private road may be allowed by the Planning Commission if:
(1)
A private road will be likely to assist in producing a superior quality of development; and
(2)
Covenants satisfactory to the Planning Commission are provided to assure the road will be so constructed and maintained as to meet at least the standards herein required for the road's construction and the safety of those using the private road.
D.
Requirements.
(1)
In approving any private road that it has found to be permissible under the provisions of this section, the Planning Commission shall impose at a minimum the requirements specified in this subsection.
(2)
Technical standards for the private road shall comply with the technical standards in Chapter 23 of the County Code.
(3)
Any approved private road shall be clearly marked as a private road on the final subdivision plat.
(4)
The fact that the road is private and not the responsibility of any agency or department of the County shall be a part of the covenants.
(5)
The intersection of the private road with any County or state road or highway shall be posted with a sign indicating that the road is private and that public maintenance ends at the intersection of the proposed private road and the County or state road. Provision shall be made in the covenants for the maintenance of such signs and repair and replacement of the signs at the request of the County.
(6)
The covenants shall clearly state that the County will not assume any portion of the cost of upgrading private roads to public standards.
E.
Modifications; waivers. The requirements and conditions as to private road approval in this section may be modified or waived by the Planning Commission for any subdivision of land in the erosion hazard area, subject to § 18:1-65 of this Chapter 18:1. In this exercise of authority, the Planning Commission may place other conditions on private road approval, as it deems appropriate.
§ 18:1-90 Private and other public roads created prior to November 1987.
Subdivision of lands may not occur on private or other public roads that existed or were created prior to November 1987 unless: