Rock Hall City Zoning Code
ARTICLE VI
Uses Subject to Performance Standards
§ 225-6-1 Performance standards.
[Amended 8-14-1997 by Ord. No. 97-07; 1-8-2004 by Ord. No. 2004-01; 5-12-2005 by Ord. No. 2005-06; 1-30-2006 by Ord. No. 2006-01; 6-8-2006 by Ord. No. 2006-03; 12-19-2025 by Ord. No. 2024-03]
Certain uses may be permitted in the various zoning districts shall be subject to performance standards as specified by this chapter. These include:
A.
Accessory uses.
(1)
The square footage of the footprint of an accessory structure shall not exceed 50% of the footprint of the principal structure.
(2)
Except as herein provided in Article IX, no accessory structure shall project beyond a required yard line along any street.
(3)
An ornamental fence or wall not more than 3 1/2 feet in height may project into or enclose any required front or side yard to a depth from the street line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards, provided that such fences and walls do not exceed a height of seven feet.
(4)
Accessory structures which are not a part of the main structure, although they may be connected by an open breezeway, may be constructed in a rear yard, provided that such accessory structure does not occupy more than 30% of the area of the required rear yard and provided it is not located closer than five feet to the rear lot line nor closer than three feet to a side lot line.
(5)
The placement of propane gas storage tanks on any location inside the corporate limits of the Town of Rock Hall shall be governed by N.F.P.A. Pamphlet No. 58, Propane Gas Code, as amended. Any person or persons aggrieved by the placement of such tanks on any property in the corporate limits of the Town of Rock Hall should contact the Mayor and Council's office or the Administrator.
(6)
The accessory use of gasoline storage tanks for home use, if permitted by the Maryland State Department of Natural Resources and necessary federal agencies, requires a permit from the Town of Rock Hall and must be placed underground in accordance with state codes on the storage of gasoline and must be in a side or rear lot only.
A.1.
Accessory apartments in the Maritime Water Dependent District.
(1)
Only one accessory apartment unit is permitted per parcel as the parcel existed on the date of adoption of this subsection.
(2)
The accessory apartment unit shall be on the second floor of the primary structure of the principal permitted use.
(3)
The accessory apartment unit shall be secondary to the primary use of the property in both size and appearance.
(4)
The primary use of the property shall operate at least nine months per year.
(5)
The accessory apartment unit shall share the utilities with the principal permitted use.
(6)
The accessory apartment unit is subject to site plan review by the Planning Commission.
(7)
One parking space shall be provided for the accessory apartment unit.
(8)
Short-term rentals are prohibited.
(9)
The Board of Appeals may require an accessory apartment unit which is located in a structure built after the effective date of this subsection to meet the front, side and rear yard setback requirements equivalent to that for residential structure.
A.2.
Accessory apartments in the C-1, C-2, C-3, Maritime Recreational, and Maritime Commercial Districts.
(1)
Not more than one accessory apartment unit for every 2,000 square feet of nonresidential floor area and subject to a maximum of four dwelling units, each with a minimum of 600 square feet of floor area.
(2)
Not more than one accessory apartment unit in structures with less than 2,000 square feet of nonresidential floor area, with a minimum apartment unit floor area of 600 square feet.
(3)
Accessory apartment units may not be located on the ground level of the structure.
A.3.
Accessory dwelling unit.
(1)
Accessory dwelling units are limited to a total of 850 square feet of floor area or 50% of the square footage of the building footprint of the primary dwelling, whichever is less.
(2)
Accessory dwelling units must be architecturally compatible with the main structure on the lot in terms of similarity of building materials, roof type, and roof line.
(3)
One accessory dwelling unit per lot is permitted.
(4)
Accessory dwelling units are only permitted on lots where the principal dwelling is a single-family detached dwelling.
(5)
The principal dwelling must be occupied by the owner of the property.
(6)
One additional off-street parking space shall be provided for an accessory dwelling unit.
(7)
The setbacks for an accessory dwelling unit must meet the setbacks applied to the principal dwelling.
(8)
The initial rental period for any tenant shall be a minimum of 90 consecutive days. The rental period for the same tenant after the initial 90-consecutive-day period may be month to month. The rental period requirements shall not apply if the tenant of the accessory dwelling unit is a member of the immediate family of the property owner.
(9)
Accessory dwelling units shall not be used as short-term rentals.
(10)
Deed restrictions shall be recorded that reflect the requirements of (5), (8), and (9) above.
A.4.
Assisted living for the elderly home.
(1)
The parcel on which the home is situated shall be no less than 13,000 square feet.
(2)
The property must be owner-occupied.
(3)
Each resident-occupied room shall have at least 120 square feet with no horizon dimension less than 10 feet (excluding closet space).
(4)
The home shall be limited to care for not more than eight individuals.
(5)
All handicap ramp requirements shall be met.
(6)
Each resident-occupied room must have access to toilet and basin. Bathing or showering facilities may be located in a separate area.
(7)
Employees shall be limited to four, in addition to the owners.
(8)
One parking space shall be required for every two beds.
(9)
Only one sewer/water connection (meter) will be allowed to the property.
(10)
No separate kitchen facilities are permitted in the resident-occupied rooms.
(11)
A visual yard buffer may be required (evergreen; six feet at maturity).
(12)
Parking must be located in the side or rear yard and must be adequately screened from adjacent properties.
B.
Bed-and-breakfast.
(1)
Facilities for breakfast shall be in a common location customarily used by a single family in the structure. No separate kitchens shall be provided. Meals (breakfast only) shall be provided for bed-and-breakfast guests and residents only.
(2)
Such uses are limited to five guest rooms, excluding resident management quarters.
(3)
In the R-1, R-2, and R-3 Districts, such uses shall be owner-occupied. In the nonresidential districts where allowed, the facility may be manager-occupied.
(4)
One off-street parking space shall be provided for each guest room.
C.
Boat fuel storage.
(1)
The storage of fuel is subject to all applicable local, state, and federal regulations.
D.
Boathouses, piers, and bulkheads.
(1)
The following standards shall apply to accessory boathouses and boat slips in residential districts:
(a)
A boathouse may not be used as a dwelling, guest house or servants' quarters unless specifically permitted by other sections of this chapter.
(b)
The height of a boathouse shall not exceed 20 feet above mean high water.
(c)
No boathouse shall be built closer than 10 feet to the side lot line and the structure shall not exceed 20 feet in width or 40 feet in depth.
(2)
The following standards shall apply to boat docks, piers, and wharves, accessory or nonaccessory, in any district;
(a)
The projection of docks, wharves, and piers into waterways beyond the waterway line, lot line, or established bulkhead lines or the placing of mooring lines or buoys shall be limited by applicable Town, state, and federal regulations. A wharf, pier, or pile may not project more than 25% of the width of the waterway.
(b)
Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the Town, state and federal governments.
(c)
The water area used by a residence or marina shall be limited to the area within a basin, which is to be determined from the subject property's shoreline at mean high water prior to any development and/or expansion. The limits of the basin shall be bounded by the mean high-water line of the subject site, the two side lot line extensions drawn and a line drawn to connect their channelward ends.
[1]
The length of each side lot line extension and any point along the line connecting their channelward ends shall be determined as follows: in all Rock Hall waters, side lot line extensions shall project no more than 25% of the distance across the waterway, such distance to be determined by measuring from a point directly above the subject property's shoreline at mean high water to the opposing shoreline, subject to the limitation that the side lot lines shall extend no closer than 30 feet to the edge of a delineated channel or delineated anchorage. All federal, state, and local laws and regulations applicable to maritime district uses shall be applied.
E.
Car wash.
(1)
The business shall be effectively screened from the view of any abutting land in a residential district or land proposed to be used for residential purposes.
(2)
The subject property shall be of sufficient size to accommodate development of the type and scope proposed.
(3)
Applicant shall submit a description (graphic or narrative) of the proposed architectural design.
(4)
Materials, textures, colors and designs of fences, walls, and screening shall be compatible with the on-site development, the adjacent properties and the neighborhood.
(5)
Drive-through lanes shall be marked with distinctive pavement markings and/or special striping, and shall not block exit or entry to off-street parking spaces otherwise required on the site.
F.
Cemeteries. Cemeteries, including a crematorium if located at least 200 feet within the property lines of the cemetery, provided that:
G.
Child-care center.
(1)
Applicant shall meet the requirements of appropriate state and local agencies for child care.
(2)
Applicant shall provide verification of qualifications to conduct the proposed use.
(3)
The Planning Commission may prescribe specific conditions determined necessary to minimize effects of the use on neighboring properties given identification of concerns specific to a particular site.
H.
Civic, service clubs, fraternal organizations.
(1)
The Planning Commission shall specify hours of operation or other conditions deemed necessary to adequately protect nearby property owners.
(2)
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.
I.
Community centers.
(1)
The facility shall be under control and direction of a board of managers the majority of whom shall be residents of the area intended to be served by the facility.
(2)
The Planning Commission shall consider factors including safety, traffic and noise and may prescribe additional conditions to address these concerns.
J.
Contractor's storage yard or maintenance facility.
(1)
The facility shall be buffered from all adjacent uses by an opaque vegetative buffer a mimimum of six feet in height.
K.
Country clubs, golf, tennis, swim clubs.
(1)
Applicant shall submit a detailed written statement discussing the type of facility proposed.
(2)
Applicant shall provide description (graphic or narrative) or the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.
(4)
Proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.
(5)
Off-street parking and loading areas, swimming pools, tennis courts, golf tees, lighting, and maintenance facilities may require additional screening as determined by the Planning Commission.
(6)
Buildings shall be designed to complement and contribute to the neighborhood in terms of shape, style, roof line, color, and material.
L.
Domiciliary care.
(1)
Applicant shall meet the requirements of appropriate state and local agencies for family/group care.
(2)
Applicant shall provide verification of qualifications to conduct the proposed use.
(3)
The Planning Commission may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site.
(4)
Parking and loading shall be provided at the rear of the site.
(5)
Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.
(6)
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.
(7)
Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities.
M.
Drive-through banks, restaurants.
(1)
The use shall be designed so that pedestrian and vehicular circulation is coordinated with that of adjacent properties. A traffic impact study may be required.
(2)
Drive-through lanes shall be marked with distinctive pavement markings and/or special striping, and shall not block exit or entry to off-street parking spaces otherwise required on the site.
N.
Dwelling units in conjunction with a business use. Dwelling units in conjunction with a business use are permitted on the following basis:
(1)
Not more than one dwelling unit for every 2,000 square feet of nonresidential floor area and subject to a maximum of four dwelling units, each with a minimum of 600 square feet of floor area.
(2)
Not more than one dwelling unit in structures with less than 2,000 square feet of nonresidential floor area, with a minimum dwelling unit floor area of 600 square feet.
(3)
Dwelling unit may not be located on the ground level of the structure.
O.
(Reserved)
P.
Farms, truck gardens, orchards, nurseries. In an R-1 District, farms, truck gardens, orchards and nurseries for the growing or propagation of plants, trees or shrubs, including temporary stands for seasonal sales of products raised on the premises, but not including the raising for sale of birds, bees, rabbits or other animals, fish or other creatures, provided that such uses are not objectionable to surrounding residences by reason of odor, dust, noise, or other factors, and provided that no retail or wholesale business office or store is permanently maintained on the premises.
Q.
Filling stations. Filling station pumps and pump islands may occupy the required front yards; provided, however, that they are not less than 15 feet from street ROW lines.
R.
Golf driving ranges. See "country clubs" in this article.
S.
Group homes.
(1)
Statement shall be submitted by the applicant explaining the character of the facility, the program's policies, goals, means proposed to accomplish these goals, characteristics of the service population and number of residents to be served, operating methods and procedures, and any other aspects pertinent to the facility's program.
(2)
Applicant shall provide description (graphic or narrative) of the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.
(4)
Subject property shall have frontage on and direct vehicular access to an existing street with sufficient capacity to accommodate any traffic generated by the proposed use.
(5)
Parking and loading shall be provided at the rear of the site.
(6)
All trash and refuse shall be stored in a self-enclosed storage area at the rear of the site.
(7)
No retail activities shall be permitted.
(8)
The proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.
(9)
The applicant shall meet the requirements of appropriate state and local agencies for group homes.
(10)
The total number of residents and supervisors shall not exceed eight persons.
T.
Home occupations/cottage industry.
(1)
The applicant shall demonstrate that the occupation or activity is clearly incidental and secondary to the use of the premises for dwelling purposes, will be conducted within the dwelling or a structure accessory thereto, and will be carried on by a member of a family residing on the premises.
(2)
There shall be no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the structure.
(3)
No more than two persons outside the resident family may be employed on the premises.
(4)
No equipment may be used which creates offensive noise, vibration, smoke, toxicity, dust, odor, heat, or glare.
(5)
Storage or repair in an accessory structure or yard of the nets, fishing gear or other equipment necessary for the operation of his business by a fisherman or tradesman is allowed, provided that such nets, gear, or equipment shall be kept in the open only during the season for which such open storage is necessary and at other times shall be cleaned up and stored neatly in a rear yard or in a way to comply with the requirements for other home occupations.
(6)
Within the above requirements, a home occupation or cottage industry includes but is not limited to the following: an art studio; dressmaking; professional office of a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation; teaching, with musical instruction limited to one or two pupils at a time; barbershops with not more than two working chairs; and beauty parlors with not more than three working stations; however, a home occupation shall not be interpreted to include animal hospitals, child-care centers (caring for more than 10 children), tearooms, restaurants, or activities involving the use of hazardous or toxic material.
(7)
A sign for identification of a permitted home occupation or cottage industry shall be limited to two square feet in area and shall not be illuminated.
U.
Hospitals/nursing homes/medical services/medical clinics/medical laboratories.
(1)
The applicant shall comply with all applicable Town, state, and federal rules and regulations.
(2)
All structures shall be located at least 200 feet from any adjacent residential lot or use.
(3)
All parking areas shall be located at least 50 feet from any adjacent residential lot or use.
(4)
Applicant shall submit a detailed written statement discussing the type of facility proposed.
(5)
Applicant shall provide description (graphic or narrative) or the proposed architectural design.
(6)
All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.
(7)
Proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.
(8)
A statement shall be submitted by the applicant explaining the character of the facility, the characteristics of the service population, the number of residents to be served, operating methods and procedures, and any other aspects pertinent to the facility's program.
(9)
All sides of the use shall have compatible architectural treatment and shall be architecturally compatible with the structure group, or neighborhood with which it is associated.
(10)
A minimum of 50% of the gross site area shall be open space. The open space shall be generally continuous, accessible to the residents, and protective of natural features.
(11)
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.
(12)
Disposal of waste shall be through approved, safe means and shall be separate from regular trash disposal.
(13)
No equipment may be used which creates offensive noise, toxicity, vibration, smoke, dust, odor, heat, or glare.
V.
Hotel/motel.
(1)
The applicant shall site new structures to ensure that adjacent properties have visual privacy and sunlight as well as protection from the new development's site illumination, noise, and odor, as applicable.
(2)
The applicant shall design structures to complement and contribute to a desirable community character in terms of shape and style, roof lines, color, and materials.
(3)
Accessory uses may include gift shop, beauty shop, barber shop, restaurant, cocktail lounge/night club, auditorium/meeting room facilities, and similar retail stores and commercial establishments.
(4)
Circulation and parking shall be adequate to fulfill requirements of all proposed uses — principal and accessory. The Planning Commission may require a traffic analysis provided by the applicant demonstrating adequacy of the system.
(5)
The applicant shall design and site structures to screen from public view unsightly elements such as shipping and loading areas, transformers, dumpsters, and meters.
(6)
The applicant shall design the structure roof to screen mechanical equipment from public view and to contribute to an attractive streetscape.
(7)
The applicant shall develop the public streetscape between the structure and the street curb as a safe and convenient pedestrian way with attractive amenities such as paving, lighting, seating, shelter, and landscaping.
(8)
The applicant shall design fences and retaining walls that are consistent in materials and quality to that of the structure and the adjacent properties.
(9)
The applicant shall design and locate signs so that their illumination is directed away from adjacent neighbors.
(10)
The applicant shall integrate ground signs into the design of the site and the streetscape.
W.
Houses of worship.
(1)
Houses of worship shall have their principal means of access from a major street and shall be located on a lot of at least two acres in area.
(2)
Structures used primarily for religious activities may be erected to a greater height than permitted in the district in which it is located, provided that the front, side, and rear setbacks shall be increased one foot for each foot by which such structure exceeds the height limitation established for the district in which such structure is located.
X.
Housing for the elderly.
(1)
Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.
(2)
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.
(3)
Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities at the time the project is submitted.
Y.
Industrial uses.
(1)
All uses shall be conducted within a completely enclosed structure with no open storage of raw, in-process or finished material and supplies or waste material. Finished or semifinished products manufactured on the premises may be stored in the open, if screened from the street and adjacent uses by landscaping or fences. The location, type, and extent of all proposed screening shall be shown on the site plan.
(2)
Notwithstanding the yard regulations for the district, no part of any structure, accessory structure or sign shall be located closer than 100 feet to any residential district boundary.
(3)
All structures shall be limited to 40 feet in height unless otherwise approved by the Board of Appeals under Article XIII.
(4)
Adequate parking and loading space shall be provided off the street for all employees and traffic to the structure, if necessary in excess of the minimum requirements of Article VIII.
(5)
Loading operations shall be conducted at the side or rear of structures. Service drives or other areas shall be provided for off-street loading and in such a way that, in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
(6)
No parking or storage of materials or products shall be permitted in the required front yard.
(7)
The front yard shall be landscaped with trees, grass, shrubs and pedestrian walks and shall be maintained in a neat and attractive condition.
(8)
All fencing shall have a uniform and durable character and shall be properly maintained. Chain link fences with ribbon weaving shall not be permitted.
(9)
Raw materials, waste products, and other byproducts associated with the process shall be identified by the applicant prior to approval.
(10)
An impact statement shall be submitted explaining:
(a)
The proposed architectural design (graphic or narrative) of all structures.
(b)
The proposed hours of operation.
(c)
The provisions to be made for the control of noxious and offensive odors and the removal of waste products.
(d)
The air pollution, water quality, and noise control measures to be taken.
(e)
The type and amount of traffic expected to be generated.
(f)
The compatibility of the use with the surrounding areas.
(g)
The identity of all chemicals and solids to be discharged into the sewage system.
(11)
Any industrial use established after the effective date of this chapter shall be so operated as to meet the standards established hereinafter and all applicable state and federal laws and standards. Any use already established on the effective date of this chapter shall be permitted to continue provided that no alteration, expansion, enlargement, or modification shall be permitted which does not meet the performance standards herein or which effectively increases the degree of nonconformity which existed prior to any alteration, expansion, enlargement, or modification.
(12)
Points of measurement to determine compliance with the following standards shall be the property line or zoning lot line nearest the source which is the subject of measurement.
(a)
Noise. All sources of noise (except those not under direct control of the occupant of the use, such as vehicles) must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, between 7:00 p.m. and 7:00 a.m., the permissible sound levels at a residential use boundary where adjoining industrial uses, shall be reduced by five decibels in each octave band and in the overall band for impact noises.
[1]
Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the noise level radiates.
[2]
Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those whose peak values fluctuate more than six decibels from the steady values indicated on the sound level meter set at fast response.
Maximum Permitted Sound Levels | ||
|---|---|---|
Octave Band, Cycles/Second | At Residential Boundaries | At Other Lot Lines |
31.5 | 64 | 72 |
63 | 64 | 74 |
125 | 60 | 70 |
250 | 54 | 65 |
500 | 48 | 59 |
1,000 | 42 | 55 |
2,000 | 38 | 51 |
4,000 | 34 | 47 |
8,000 | 30 | 44 |
Overall | 80 | 90 |
[3] DECIBEL OCTAVE BAND PREFERRED FREQUENCY OCTAVE BANDS SOUND LEVEL METER
Definitions.
A measurement of the intensity (volume) of a sound.
A prescribed interval of sound frequencies which classifies sound according to its pitch.
A stigmatized series of octave bands prescribed by the American Standards Association in Se 1.6-1970 Preferred Frequencies for Acoustical Measurements.
An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with an octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
(b)
Vibration. The product of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated.
[1]
Earthborne vibrations shall be measured by means of a three-component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions.
Maximum Permitted Vibrations | ||
|---|---|---|
Types of Vibrations | At Residential Boundaries | At Other Lot Lines |
Continuous | 0.003 | 0.015 |
Impulsive 100/min. or less | 0.006 | 0.030 |
Less than 8 pulses per 24 hours | 0.015 | 0.075 |
(c)
Glare. No direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, is to be visible beyond the lot line, except for signs, parking lot lighting, and other lighting permitted by this chapter or required by any other applicable regulation, ordinance, or law.
(d)
Air pollution. The rules and regulations of the State of Maryland shall apply.
(e)
Water pollution. The rules and regulations of the State of Maryland shall apply.
(f)
Radioactivity. There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the governments of the U.S. and Maryland.
(g)
Electrical interference. There shall be no electrical disturbance emanating from any use which would adversely affect the operation of any equipment on any other lot or premises.
(h)
Smoke and particulate matter limitations. In addition to the standard specified hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
[1]
Particulate matter emission caused by the wind from open storage areas, yards, roads, etc., shall be kept to a minimum by appropriate landscaping, paving, wetting, or other means.
[2]
For the purposes of determining the density or equivalent opacity of smoke, the Ringelmann Chart as adopted and published by the United States Bureau of Mines in Circular No. 8333 (7718) shall be employed.
[3]
Within 1,000 feet of a residence or commercial zoning district boundary line, the emission of visible smoke from any vent, stack, chimney, or combustion process, darker than Ringelmann No. 2 for a period or periods aggregating more than four minutes in any sixty minute period shall not be permitted.
(i)
Toxic matter limitations. In any district, toxic materials which are released shall not exceed 10% of the maximum permissible airborne concentration allowed a worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed a worker are not contained in the most recent list of threshold limit values published by the American Conference of Governmental Industrial Hygienists, the applicant shall satisfy the Kent County Health Officer that proposed levels will be safe to the general population.
(j)
Odorous matter limitations. The release of odorous matter from any district shall be so controlled that at ground level or at habitable elevations the concentration shall not exceed the odor threshold lines. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, Table III (Odor Thresholds), Chapter 5, "Air Pollution Abatement Manual", by Manufacturing Chemists Association, Inc. (as amended) may be used.
(k)
Certified engineer report submittal. The applicant for a permit for an industrial use shall be required to submit proof that the uses proposed will not cause violations of Town, state, or federal regulations. For industrial uses which will produce emissions or pollutants to the waters or air of Rock Hall, this proof shall include measurements of the ambient water and air quality as well as documentation in the form of figures that the proposed use will not cause the violation of either ambient or source standards outlined by the laws and regulations of the Town, state, and federal governments.
[1]
Each future occupant of an industrial character shall submit to the Town a certified engineer's report describing: the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air, or water of liquid, solid, or gaseous effluent and electrical impulses, vibrations and noise under normal operations, and the specifications or treatment methods and mechanisms to be used to control such emission or discharge.
AA.
Marinas, commercial.
(1)
The marina shall comply with all Town, state, and federal codes, regulations, laws, and ordinances.
(2)
The proposed design shall be satisfactory as regards such safety features as the location of fueling points, fuel storage, the effect on navigation, the possibilities for water pollution, and service by fire hydrants.
(3)
The marina shall be properly located with respect to access roads and existing and future developed areas.
(4)
The necessary approvals shall be obtained from the required regulatory agencies.
(5)
The projection of docks, wharves, and piers into waterways beyond the waterway line, lot line, or the placing of mooring lines or buoys shall be limited by applicable Town, state, and federal laws, and a wharf, pier, or pile may not project more than 25% of the width of the waterway.
(6)
Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the Town, state, and other required regulatory agencies.
(7)
The water area used by a marina shall be limited to the area within a basin, which is to be determined from the subject property's shoreline at mean high water prior to any development and/or expansion. The limits of the basin shall be bounded by the mean high-water line of the subject site, the two side lot line extensions drawn and a line drawn to connect their channelward ends.
(a)
The length of each side lot line extension and any point along the line connecting their channelward ends shall be determined as follows: in all Rock Hall waters, side lot line extensions shall project no more than 25% of the distance across the waterway, such distance to be determined by measuring from a point directly above the subject property's shoreline at mean high water to the closest point of land, subject to the limitation that the side lot lines shall extend no closer than 30 feet to the edge of a delineated channel or anchorage. All federal, state, and local laws and regulations applicable to shall be applied.
(8)
Sanitary facilities shall be required at the following rate:
Number of Slips | ||||
|---|---|---|---|---|
0-25 | 26-50 | 51-75 | 76-100 | |
Male facilities | ||||
Toilets | 1 | 2 | 3 | 3 |
Sinks | 1 | 1 | 2 | 3 |
Showers | 2 | 2 | 3 | 3 |
Female facilities | ||||
Toilets | 1 | 2 | 3 | 3 |
Sinks | 1 | 1 | 2 | 3 |
Showers | 2 | 2 | 3 | 3 |
As the number of slips increases, urinals may be substituted for 1/2 the toilets in male facilities. For facilities with over 100 slips, the number and type of sanitary facilities required shall follow the above pattern.
(9)
Interior roadways, parking areas and walkways shall be designed to preserve natural features, such as beaches, trees, and wetlands. Interior roadways shall be a minimum of 20 feet in travelway, remain unobstructed at all times, and shall be well-maintained; lanes of sufficient width shall be maintained to accommodate fire and emergency equipment at all times.
(10)
Each marina shall maintain fire suppression and prevention equipment and facilities in good repair and in easily accessible locations and shall conform to the requirements of the Town Fire Officer and the State Fire Marshall. Any marina enlarging or reconstructing existing pier facilities to fall within the parameter of this chapter shall be subject thereto, even though the original piers were constructed prior to adoption of these regulations. The following specific items shall be required:
(a)
Each marina shall provide an area of water at a minimum depth of two feet at the bulkhead or shoreline that is accessible at all times for the Fire Department to drop a line overboard. The location of this suction basin shall be subject to Planning Commission approval. Such suction basin shall have an unobstructed shoreline area of at least 30 by 40 feet and a fire lane, reserved at all times for the use of the Fire Department by posting a sign "For Fire Protection Vehicles Only".
(b)
Where piers exceed 200 feet, each shall be provided with a two-inch water line (of PVC or another acceptable material) extending the length of the pier and shall be equipped with one-and-one-half-inch connections at 125-foot intervals or as determined for special pier configurations by the Planning and Zoning Commission. (This pipe may also be used for normal boat waterline hookups.) At the hose connection, National Fire Protection Association-approved standard risers shall be used, all threading shall be standard firefighting pipe threading. At shore ends these waterlines shall be equipped with a valve that enables the Fire Department to shut off domestic water and convert to water pumped from the suction basin. Also at shore ends, the waterlines should be equipped with two-and-one-half-inch hose adapters with standard firefighting threading to permit connection to a fire hydrant outlet of the same size.
(c)
At least one throwable Coast Guard-approved thirty-inch life buoy (Type IV) shall be maintained in good condition for every 100 feet of dock length.
(11)
Floating docks. Applicant shall provide construction drawings prepared by a Maryland certified engineer. These construction drawings shall show:
(a)
The anchoring system for docks, finger piers, tees and tie-off pilings;
(b)
A minimum four-point mooring system;
(c)
The smallest diameter of the piling used;
(d)
The height of pilings as specified by the Floodplain Ordinance; and
(e)
All access ramps must show no more than one inch vertical to 12 inches horizontal pitch at mean low water.
(12)
Any material accumulation resulting from dredging or excavation related to marine development may be stored in an approved location for sufficient time to permit it to dry for over-the-road transport. The dredging or excavation permit shall specify this "drying" time.
(13)
Containerized trash receptacles (dumpsters) shall be required within a reasonable distance of all piers. Such containers shall not be permitted to overflow, cause objectionable odors, or facilitate the breeding of vermin and insects.
AA.1.
Marine trade school (PS).
(1)
The school shall obtain permits from the Maryland Department of the Environment that would normally be required for a commercial marina operation offering services similar to the kind of instruction and training proposed by the school. These permits do not need to be applied for or received prior to approval from the Planning Commission, but shall be required prior to the issuance of any building or use permits.
(2)
The school shall comply with all Town, state, and federal codes, regulations, laws, and ordinances.
BB.
Mixed Commercial/Industrial District. See design requirements for "Mixed Residential District" in this article.
CC.
Mixed Residential District.
(1)
Concept plan required. The concept plan shall show the following:
(a)
The proposed lot layout, street layout, building setback lines, building location, building height, floodplain limits and flood elevation, Critical Area Boundary, acreage within the Critical Area and tidal and nontidal wetlands.
(b)
The method and type of sewer and water service to be provided.
(c)
The extent of the proposed conceptual grading and clearing of the site.
(d)
Anticipated road and parking sections.
(e)
The location of adjacent residential areas and planned buffering and screening areas.
(2)
Concept plan review criteria. These criteria establish a checklist of those items that effect the physical aspects of the Rock Hall environment. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on principles of good design.
(a)
Relationship of structures to site.
[1]
The orientation, setback, alignment, spacing, and placement of a building on its site will be considered with special consideration given to the retention of natural topography and vegetation and fencing, walkways, lights, signs, and benches that reflect the property's history and development.
[2]
The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than malleable elements that can be changed to follow a preferred development scheme.
[3]
Streets and parking areas shall be designed and located in such a manner as to maintain and preserve natural topography and cover; significant landmarks and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
[4]
Proposed development shall be related harmoniously to the terrain and to the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings.
[5]
The design of buildings, fences, and other structures shall be evaluated on the basis of harmony with site characteristics and nearby buildings, including historic structures.
(b)
Relationship of buildings and site to adjoining area.
[1]
Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials.
[2]
Harmony in texture, line, and mass is required. Monotony shall be avoided.
[3]
The streetscape of new developments shall be designed in detail to avoid repetitious setbacks, driveways, elevations, and landscaping.
[4]
Parking shall be provided only at the side or the rear of buildings.
[5]
Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so to screen parking areas from view from public ways.
[6]
The distinctive features of the neighborhood's existing architecture shall be retained, i.e. the distinguishing size, scale, mass, color, materials, and details, including roofs, porches and stairways, that give a neighborhood its special character.
[7]
Where existing buildings express a traditionally modest front setback, creating a close relationship with the street (as in the Main Street area), it is highly desirable to continue this pattern to retain the area's character. Therefore, the maximum setback of new construction shall harmonize with the average setbacks of existing adjacent buildings. Outside of areas of generally uniform setback, front setbacks may vary to a greater degree but principal buildings shall generally be located within 30 feet of the front lot line unless there are substantial counter-balancing considerations (such as irregular topography, wetlands, or the preservation of natural rural features. In all instances, parking shall be excluded from such areas, between the principal building and the roadway.
[8]
New plant materials, fencing, walkways, street lights, signs, or benches shall be compatible with the character of the neighborhood in size, scale, material and color.
[9]
Existing landscape features such as parks, gardens, street lights, signs, benches, walkways, streets, alleys, and building setbacks that have traditionally linked buildings to their environment shall be retained.
(c)
Landscape and site treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures.
[1]
Landscape treatment shall be provided to enhance and define architectural features, provide visual control, strengthen vistas and important axes, and modify the micro-climate.
[2]
Unity and simplicity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.
[3]
Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of good appearance shall be used.
[4]
Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Because roadside trees are extremely important to the character of Rock Hall, removal of trees over five inches in diameter at breast height must be absolutely minimized, especially along roadways.
[5]
Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these devices. Screening shall be equally effective in winter and summer.
[6]
Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.
(d)
Building design.
[1]
Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design, its relationship to its surroundings, and the standards enumerated at the beginning of this section.
[2]
Materials shall be selected for harmony with adjoining buildings and for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
[3]
Building form (the complete image of the building as expressed by the base, the wall plane, and the roof) shall be reviewed in several aspects:
[a]
Height. New buildings shall conform with the average height of the adjacent buildings. A uniform skyline will project a harmonious atmosphere and visual continuity.
[b]
Proportion. The proportion, or the relationship between the width and height of the front elevation of a building, should be similar to the adjacent buildings. Proportion can also apply to the relationship of the windows and doors to each other and their relationship to the building itself.
[c]
Rhythm. The rhythm of the buildings and their components is the spacing or repetition of architectural elements or details with like elements. The regularity and frequency of elements such as a door, window, or porch, and their placement within a facade, is a type of rhythm. Rhythm between buildings can exist when building types are repeated along a street. Regular and constant rhythms between buildings and their components can help unify the streetscape.
[d]
Scale. Scale is the relationship between architecture and man or between the architectural mass and the space which surrounds it. The scale of the Town Center should be intimate in nature. Any buildings built on a monumental scale will seem out of place and foreign.
[e]
Facade treatment. The exterior features of all buildings should be visually and physically compatible with those facades surrounding them. Compatible components to consider within the facade are color, texture, and type of building materials. Specific details such as roof shape, cornices, and moldings should be repeated to unify buildings and not used to create visual distractions. Decorative additions, awnings, and false facades are discouraged and existing ones should be considered for removal.
[4]
Colors shall be harmonious and shall use only compatible accents.
[5]
Mechanical equipment or other utility hardware on the roof, the ground, or the building shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.
[6]
Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.
[7]
Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in the criteria for equipment screening.
[8]
Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.
(e)
Signs.
[1]
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
[2]
The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
[3]
The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.
[4]
Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.
[5]
Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs.
(f)
Miscellaneous structures and street hardware.
[1]
Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.
[2]
Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings, and signs.
DD.
Motor vehicles and related services. All motor vehicle and related services shall comply with the following:
(1)
All sales and installation facilities operations shall be conducted within a wholly enclosed structure. Outdoor display of motor vehicles for sale shall be permitted if areas for this purpose are integrated into the overall site design and are compatible with the adjacent and neighboring properties. Applicant shall submit a plan indicating outdoor storage areas and screening of such areas. The Planning Commission may require additional landscape treatment to address this requirement. Neighboring properties shall be protected from site illumination, noise, and odor.
(2)
The applicant shall design structures to complement and contribute to desirable community character in terms of shape and style, roof lines, color and materials.
(3)
The applicant shall design and site structures to screen from public view unsightly site elements such as shipping and loading areas, car storage areas, dumpsters, etc.
(4)
Pollutant and waste disposal shall be carried out in compliance with applicable Town, state, and federal regulations.
(5)
Where a residential use abuts, buffering shall be provided by the applicant.
EE.
Parks and recreation areas.
(1)
A plan of proposed use shall be submitted to the Planning Commission for review and comment.
(2)
No structure associated with the use shall be located closer than 50 feet from any residential lot line.
(3)
Special consideration shall be given to traffic safety. Protective methods may be required including fencing along roadways or additional requirements to ensure sight distance adequate for the particular use. The park shall have adequate frontage on a public street of sufficient capacity to provide safe access and convey anticipated traffic.
(4)
The Planning Commission shall take into account safety, noise, dust, glare, and traffic factors, and may prescribe additional conditions to ensure compatibility with adjacent uses.
(5)
Hours of operation shall be submitted for approval.
FF.
Piers for fishing. The Planning Commission shall take into account safety, lighting, safety equipment, sanitary facilities, and parking and may prescribe additional conditions to ensure that these requirements are met and to ensure compatibility with adjacent uses.
GG.
Recreation areas, private.
(1)
In the R-1 District, recreational uses such as tennis courts, swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes, provided that no such use, structure, or accessory use is located closer than 50 feet to any adjoining property line, unless such property line fronts a public street or waterway with rights-of-way not less than 25 feet, in which instance the required setback need not exceed 30 feet, and provided, further, that all such facilities must be located on a parcel having a minimum of two acres dedicated to the recreational use.
HH.
Restaurants/night clubs.
(1)
The Planning Commission shall consider factors including safety, traffic, and noise and may prescribe additional conditions to address these concerns.
(2)
Buildings shall be designed and sited to screen loading areas, dumpsters and other unsightly site elements from public view.
(3)
The use shall not produce adverse effects on the use or development of the surrounding area due to noise, odor, traffic, lights, or any other reason.
(4)
Hours of operation shall be submitted for approval.
II.
Retail trade/commercial/services. All retail trade/commercial/services uses shall comply with the following:
(1)
The business shall be effectively screened from the view of any abutting land in a residential district, an existing residential use, or land proposed to be used for residential purposes.
(2)
The proposed development shall not create, or substantially contribute to, traffic problems in the area. The Planning Commission may require a traffic study.
(3)
The location of the subject property shall be suitable for the type and scope of development proposed, taking into account such factors as the existing urbanization of the neighborhood, traffic, and the character of surrounding properties and the neighborhood in general.
(4)
The subject property shall be of sufficient size to accommodate development of the type and scope proposed.
(5)
The applicant may be required to submit a detailed written statement discussing the type of facility proposed.
(6)
The applicant shall provide a description (graphic or narrative) of the proposed architectural design and signage.
(7)
All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.
(8)
All sides of the structure shall be architecturally compatible with the structure group or neighborhood with which it is associated.
(9)
The applicant shall design and site structures to screen from public view unsightly elements such as shipping/loading areas, transformers, dumpsters, and meters.
(10)
The applicant shall link public structure entrances to sidewalks and parking areas by means of a safe, convenient, and well-lit walkway system.
(11)
Buildings shall be designed to complement and contribute to desirable character in terms of shape, style, rooflines, color, and materials.
(12)
New structures shall be sited to ensure that adjacent properties have visual privacy and sunlight as well as protection from new development, site illumination, noise, and odor, where applicable.
JJ.
Rooming house.
(1)
Facilities for dining shall be in a common location customarily used by a single family in the structure. No separate kitchen shall be provided. Meals shall be provided for rooming house guests and residents only.
(2)
The facility may contain no more than five sleeping rooms.
(3)
Parking and loading shall be at the rear of the site.
KK.
Satellite receiving dishes.
(1)
Satellite receiving dishes shall be treated as any other accessory structure and shall have the same setback requirements as accessory structures. Satellite receiving dishes shall not be installed in any front yard and all shall be permitted with a building permit. All such ground-mounted structures shall be properly screened from view along the nonreceptive window axes with landscaping or fencing. Proper screening shall be determined by the Administrator. Satellite receiving dishes are not permitted on the roof in any residential district.
LL.
Shopping center.
(1)
The project shall provide a unified arrangement of structures, service areas, parking, and landscaped areas.
(2)
The project shall be designed with regard to the topography and other natural features of the parcel.
(3)
Materials, massing, and facade design for the project shall be harmonious with the character of the neighborhood.
(4)
The internal circulation system shall be designed to minimize through traffic and traffic conflicts within the project.
(5)
Safe pedestrian movement shall be produced within the vehicular plan.
(6)
All establishments must have vehicular service access either from an individual service drive or from a common service yard.
(7)
All such service areas must be segregated from public areas and screened from public view.
(8)
Any part of a lot not used for structures or other structures, or paved for off-street parking, loading and maneuvering areas, drives and pedestrian walks, or incidental outside storage, shall be landscaped and properly maintained.
(9)
All parking lots, loading areas, and outdoor storage areas shall be separated from any adjacent residential Districts with bufferyards of at least 25 feet in depth.
(10)
Signs to identify the use of an occupant shall be designed as part of the architectural design of the structure and attached thereto.
(11)
The Planning Commission shall require a traffic impact study provided by the applicant.
(12)
No parking space shall be more than 25 feet distant from a tree.
MM.
Swimming pools, private. Accessory swimming pools, enclosed or unenclosed, may occupy a required rear or side yard, provided that they are not located closer than six feet to a rear lot line or 10 feet to an interior side lot line. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls. All unenclosed swimming pools containing two feet of water or more shall be protected by a safety fence or barrier of four feet in height minimum and approved by the Administrator. Self-closing access gates shall be required. A permit is required for both the pool and safety fence or barrier before the erection of either.
NN.
Temporary structures. In all districts, the use of temporary structures must be incidental to construction operations for the sale of lots or improvements during development being conducted on the same or adjoining tract or subdivision and shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two years from the time of erection of such temporary structures, whichever is sooner.
OO.
Townhouses.
(1)
Applicant shall submit a detailed written statement discussing the type of facility proposed.
(2)
Applicant shall provide description (graphic or narrative) of the proposed architectural design.
(3)
All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.
(4)
Subject property shall have frontage on and direct vehicular access to an existing street with sufficient capacity to accommodate any traffic generated by the proposed use.
(5)
All trash and refuse shall be stored in a self-enclosed storage area not in the front yard.
(6)
No retail activities shall be permitted.
(7)
The proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.
(8)
The following standards shall apply to townhouses in any district where townhouses are permitted:
(a)
The townhouse structure shall comply with the minimum lot requirements contained in this chapter. Unless otherwise restricted by district regulations, not more than eight dwelling units shall be included in any townhouse structure. The number of individual townhouse units per acre shall not exceed eight.
(b)
Lot frontage, measured at a structure line, for individual dwelling units of a townhouse may be reduced to not less than 18 feet. Lot width for end units shall be adequate to provide required front and side yards.
(c)
For the purpose of the side yard regulations, a townhouse structure shall be considered as one structure on one lot, with side yards required for end units only; in accordance with this chapter, any side yard adjacent to the line of a lot occupied by a detached single-family residential use shall not be less than 25 feet.
(d)
No detached or attached accessory structure shall be permitted on a lot occupied by a townhouse except community-owned swimming pools, pool houses including restrooms, and domestic storage.
(e)
Provisions satisfactory to the Planning Commission and approved by the Town Attorney shall be made to assure that nonpublic areas for stormwater management, for other environmental protection purposes, or for the common use and enjoyment of townhouse occupants, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner, without expense to the general public.
(f)
Required off-street spaces of 1 1/2 spaces per dwelling unit may be provided on the lot in the rear yard or within 150 feet of the lot.