Saint Michaels City Zoning Code
ARTICLE VIII
Supplemental Use Regulations.
§ 340-57 Special regulations for duplex, townhouse, and multifamily dwellings.
A.
Each dwelling unit of a duplex dwelling must comply with the minimum lot area per dwelling unit as specified § 340-104.
B.
The dwelling units and individual lots of a duplex dwelling or townhouse may be sold separately if separate water, sewer, electrical, heating, and all other utility systems are provided and if separate lots for all dwelling units in the subject building are created at the same time and in conformity with the applicable regulations and standards governing the subdivision of land.
C.
The following regulations shall apply to townhouses in any district where townhouses are permitted:
(2)
Any side yard adjacent to the line of a lot occupied by a detached dwelling or to a lot in a single-family residential district shall be at least 25 feet.
(3)
There shall be a minimum separation between townhouse buildings on all sides of 12 feet.
(4)
Unless otherwise restricted by zone regulations, no more than six dwelling units shall be included in any one structure containing townhouses.
(5)
If areas for the common use and enjoyment of occupants of a townhouse building are provided through joint ownership of those areas by all owners of units in the townhouse building, those areas shall be suitably maintained out of funds collected employing regular periodic assessment of all owners of townhouse units in the townhouse building. The developer of the townhouse building shall set up and provide for the perpetual existence of management and funding of maintenance of the common areas in connection with the townhouse building.
D.
The following regulations shall apply to multifamily dwelling in any district where permitted:
(1)
The minimum tract size for a multifamily residential complex shall be 20,000 square feet.
(2)
There shall be a minimum separation between multifamily buildings on all sides of 12 feet.
(3)
At a minimum of 10% of a multifamily residential complex, the site shall be in common open space. Common open space areas or facilities not dedicated to public use shall be protected by legal arrangements, satisfactory to the Planning Commission, sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify the ownership of common areas and method of maintenance.
§ 340-58 Accessory dwelling unit.
There shall be no more than one accessory dwelling unit per lot. Such an accessory dwelling unit shall comply with the following standards.
A.
Location. An accessory dwelling unit may be located on the same lot as a detached single-family dwelling unit. An accessory dwelling unit may not be located on the same lot as a two-family dwelling, townhouse, or multifamily dwelling.
B.
Owner occupancy. The owner of the property shall occupy the principal unit as their primary residence, and at no time shall the owner receive rent payments for the owner-occupied unit.
C.
Use. An accessory dwelling unit may not be used for a short-term rental.
D.
Maximum occupancy. Occupancy is limited to no more than two persons.
E.
Design standards:
(1)
Purpose. Standards for creating accessory dwelling units address the following purposes:
(a)
Ensure that accessory dwelling units are compatible with the desired character and livability of residential districts;
(b)
Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards; and
(c)
Ensure that accessory dwelling units are smaller in size than the principal residential unit.
(4)
Location of entrances. Only one entry may be located on the front façade of the principal dwelling facing the street unless the principal dwelling contained additional front façade entrances before the accessory dwelling unit was created.
(6)
Maximum size. The size of an accessory dwelling unit may be no more than 50% of the living area of the principal dwelling or 800 square feet, whichever is less.
(7)
Accessory dwelling units created through the addition of floor area must meet the following standards:
(a)
The exterior finish material must be the same or visually match in type, size, and placement, the exterior finish materials of the principal dwelling.
(b)
The roof pitch must be the same as the predominant roof pitch of the principal dwelling. The Planning Commission may permit a different roof pitch if needed due to the shape of the roof on the existing principal dwelling if it determines that the proposed roof pitch will maintain a compatible appearance.
(c)
Trim on the edges of elements on the addition must visually match the type, size, and location as the trim used on the rest of the principal dwelling.
(d)
Windows must match those in the principal dwelling in proportion and orientation.
(e)
Eaves must project from the building walls the same distance as the eaves on the rest of the principal dwelling.
(8)
Accessory dwelling units shall have complete kitchen and bathroom facilities separate from those of the principal dwelling.
(9)
The applicant must demonstrate that the proposed accessory dwelling unit complies with applicable building and firesafety codes.
§ 340-59 Group home.
A.
The State of Maryland licenses the facility.
B.
No more than five residents, excluding resident staff, shall be permitted.
C.
Staff services are limited to supervision and assistance and do not involve intensive rehabilitation and/or drug therapy services.
D.
The facility provides a minimum of one toilet and one bathtub or shower for every four residents.
§ 340-60 Public utilities and essential services.
A.
Essential service facilities are permitted as a matter of right in any district. The Planning Commission may require such uses to be appropriately screened to minimize any adverse impacts to adjacent residential uses and to protect the general health, safety, and welfare.
B.
The Board of Zoning Appeals may permit public utilities as a special exception in any district. However, relay stations, storage stations, electric substations, and buildings used or maintained for public utilities shall be subject to compliance insofar as possible with applicable landscape standards.
§ 340-61 Maritime museum.
A.
Accessory uses.
(1)
Buildings, structures, facilities, and areas for housing curatorial, administrative, educational, and operational functions related to a maritime museum.
(2)
Wet storage and dockage of vessels by a maritime museum located on a parcel of land, or contiguous parcels of land, having an aggregate area of at least five acres. Dry storage of vessels shall be limited to vessels owned, on display, or being renovated or preserved by the museum, for which no monetary storage charge is made.
(3)
Educational seminars, demonstrations, and classes by a maritime museum.
(4)
Restoration, maintenance, storage, and display of exhibits, displays, and artifacts related to a maritime museum.
(5)
Except as provided for by Subsection A(6), (11) and (12), sale of any article fabricated in or brought to a museum shall be made only through an indoor gift shop, outdoor booths, or the museum's visitors center. The maximum area of a museum devoted to the sale of goods (including display area, aisles, storage, and cashier area) in a museum shall not exceed 2,500 square feet.
(6)
Fund-raising activities, including auctions, crafts and art for display and/or sale, concerts, feasts, fairs, festivals, contests of skill, regattas, and other activities of a similar nature open to the public at large, as well as the rental of museum land, facilities and/or vessels, provided that such activities are:
(7)
Motor vehicle parking lots for parking of vehicles.
(8)
Structures to house custodial, security facilities related to a museum, and equipment and materials storage.
(9)
Public information signs in connection with a museum according to standards outlined in Article XV of this chapter.
(10)
Temporary buildings and structures incidental to construction work, complying with the requirements of the State and County Health Departments, which buildings shall be removed upon completion or abandonment of the construction work.
(11)
Construction, repair, maintenance, restoration and reconstruction of wooden vessels for which a monetary charge may be made, provided that such activities adhere to the educational mission of the museum and are conducted in a location open to visitors of a maritime museum and in a manner to enable visitors of a maritime museum to observe such activities.
(12)
Sale of food and drinks for the enjoyment and convenience of visitors to a museum, other than as permitted by Subsection A(6) above, provided that all food is pre-packaged (i.e., not cooked/prepared on site) and the space for the sale of food and drinks does not exceed 600 square feet which area is included in the square footage permitted in Subsection A(5) above.
B.
General standards and limitations. The uses permitted by Subsection A and § 340-55 shall be controlled by the following standards and limitations:
(2)
Separation, screening, and buffering.
(a)
The required minimum setback from any lot line bordering the MM District shall be 20 feet.
(b)
All uses in the MM District shall contain a landscaped buffer area of at least 20 feet in width adjacent to any property in a residential zone. There shall be no outside events or activities and no structure placed or erected within such buffer.
(c)
The occupant of the MM District shall provide screening/buffering between residential zones and the MM District. Such screening shall be in the form of evergreen plantings, which shall, within three years from the beginning of a museum use, provide a year-round screening at least six feet in height.
(d)
The Planning Commission may, in place of evergreen screening, permit earthen berms or wooden fencing six feet in height where deemed appropriate.
(e)
Upon application by adjacent residential property owners, the Planning Commission may waive the evergreen screening, berms, or wooden fencing.
§ 340-62 Solar energy system.
A.
Small solar energy system, accessory use.
(1)
General.
(a)
Small solar energy systems must comply with all applicable building and electrical code requirements.
(b)
Owners of small solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded.
(2)
Building-mounted small solar energy systems.
(a)
Building-mounted small solar energy systems may be mounted on principal and accessory structures.
(b)
All applicable setback regulations apply to building-mounted small solar energy systems. Such systems mounted on principal structures may not encroach into a side and rear setback.
(c)
Only building-integrated and flush-mounted small solar energy systems may be installed on street-facing building elevations.
(d)
Small solar energy systems may not extend above the existing highest point of the roofline. See Figure 62-1.
(e)
Coverage. Roof- or building-mounted small solar energy systems shall allow for adequate roof access to the south-facing or flat roof upon which the panels are mounted. The surface area of pole- or ground-mount systems shall not exceed half the building footprint of the principal structure. See Figure 62-2.
(f)
Small solar energy systems shall be set back a minimum of one foot from all roof edges.
(3)
Ground-mounted solar energy systems.
B.
Community and large solar energy systems.
(1)
Community and large solar energy systems shall be located in such a manner to minimize adverse impacts to viewsheds of historic sites and scenic corridors. If complaints regarding glare/reflection are received by the applicant and/or the Town, within two years of installation, these complaints shall be addressed/mitigated by the applicant to the Town's satisfaction, and a written solution shall be submitted to the Town for review and approval.
(2)
Community and large solar energy systems shall not be located in any required landscape or buffer yard.
(3)
Visual impact analysis. An analysis of potential visual impacts to adjacent properties resulting from the project, including solar panels, roads, accessory structures, and fencing, along with a discussion of measures to avoid, minimize, or mitigate such impacts shall be required. A plan shall be submitted for review and approval, showing vegetative screening, or buffering of the community and large solar energy systems to mitigate any adverse visual impacts.
(4)
Solar panels mounted at least 24 inches above existing grade and related rack and pile systems, fencing, landscaping, and access paths shall be subject to a twenty-five-foot setback from perennial and intermittent streams, nontidal wetlands, and features for which an expanded buffer is required provided that the ground surface of or under such components consists of natural vegetation. Additionally, within community and large solar energy systems sites, access paths, culverts, and roads may cross and/or be constructed within 25 feet of perennial or intermittent streams or nontidal wetlands, provided applicable state, and federal agencies authorize such crossings and construction minimizes impacts to such features.
(5)
Lighting. If required, community and large solar energy systems shall be limited to lighting activated by motion sensors and fully shielded and downcast to prevent the light from shining onto adjacent parcels or into the night sky.
(6)
Abandonment or useful life of the community and large solar energy systems.
(a)
Community and large solar energy systems that cease to produce electricity for six months shall be presumed abandoned. The applicant may overcome this presumption by presenting substantial evidence, satisfactory to the Zoning Inspector, that cessation of the use occurred from causes beyond the applicant's reasonable control, that there is no intent to abandon the system, and that resumption of use of the existing solar energy system is reasonably practicable.
(b)
If the community or large solar energy system has been destroyed or substantially damaged and shall not be repaired or replaced, or repair or replacement has not commenced with due diligence, the Town may direct the applicant to begin the decommissioning process within 60 days of the date of the incident that rendered the solar energy system unserviceable.
(c)
The applicant shall provide to the Town an annual power production report.
(d)
Following project abandonment (as defined above), the applicant shall remove the community or large solar energy system and restore the site per the approved decommissioning plan. The failure of the applicant to remove the community or large solar energy system and restore the site in compliance with the approved decommissioning plan shall entitle and authorize the Town, without further notice, to abate the violation and thereby remove the community or large solar energy system and restore the site, the costs for which restoration shall constitute a lien on the property to the extent not covered by the bond requirement for decommissioning. Said claim shall be collected in the same manner as delinquent real property taxes.
(7)
Decommissioning plan. A decommissioning plan prepared by a licensed third party shall be required. The applicant shall be responsible for the implementation of the decommissioning plan, which shall include:
(a)
At least 90 days before the start of construction, the applicant shall submit a decommissioning plan to the Town for review and approval. The decommissioning plan shall describe the responsible party or parties, time frames, and estimated costs for decommissioning, dismantling, and lawful disposal of all components, including cables, wiring, and foundations below ground surface. The plan shall address site conditions after decommissioning, including stabilization, grading, and seeding of all disturbed areas. The plan shall maximize the extent of component recycling and reuse, where practicable, and ensure all materials are handled per applicable federal, state, county, and local requirements. The applicant shall not begin construction of the community or large solar energy system until the Town has approved the plan.
(b)
The expiration date of the contract, lease, easement, or other agreement for installation and maintenance of the community or large solar energy system, and shall provide for the removal of the community or large solar energy system within 120 days following abandonment thereof to the satisfaction of the Zoning Official.
(c)
A requirement that the operator and property owner provide written notice to the Town whenever a community or large solar energy system is out of active production for more than six months.
(d)
Removal of all the aboveground and underground equipment, structures, fencing, and foundations. Subject to B(7)(f) below, all components shall be removed entirely from the subject parcel upon decommissioning.
(e)
Removal of substations, overhead poles, and aboveground electric lines located on site or within a public right-of-way that are not usable by any other public or private utility.
(f)
Removal of lot coverage and access roads associated with the community and large solar energy systems, subject to the approval of the applicant (to include the property owner, if other than the applicant) and Town staff.
(g)
Re-grading and, if required, placement of like-kind topsoil after removal of all structures and equipment.
(h)
Re-vegetation of disturbed areas with native seed mixes and plant species suitable to the area or evidence of an approved nutrient management plan.
(i)
A recordable covenant executed by the applicant (to include the property owner, if other than the applicant) to reclaim the site following the decommissioning plan and associated approvals upon cessation of the use.
(j)
A provision requiring Town approval of the decommissioning and reclamation of the site, subject to consultation with and approval from the appropriate state agencies having authority, such as the Maryland Department of the Environment and the Public Service Commission.
(k)
The decommissioning plan shall be updated and resubmitted to the Town for review and approval every five years.
(l)
The applicant for community or large solar energy system shall provide security in the form of a bond, surety, letter of credit, lien instrument, or other financial assurance by a financial institution, or other alternative security in a form and amount acceptable to the Town Commissioners to secure payment of 125% of the anticipated cost of removal of all equipment, structures, and fencing, above or below ground level, and any accessory structures, as well as restoration of the site, and otherwise per the requirements of this section, subject to the following:
[1]
The bond shall exclude all the salvage value of the improvements.
[2]
The security shall be provided before issuance of a building permit and renewed to remain in full force and effect while the community or large solar energy system remains in place.
[3]
The security shall require the obligor and the applicant (to include the property owner, if other than the applicant) to provide at least 90 days' prior written notice to the Town of its expiration or nonrenewal. The Town Commissioners may adjust the amount of the security as reasonably necessary from time to time to ensure the amount is adequate to cover the cost of decommissioning, removal, and restoration of the site.
[4]
The security shall ensure that decommissioning costs are not borne by the state, county, and/or the Town at the end of the useful life of the community or large solar energy system or in the event of its abandonment. The security is subject to the approval of the Town Commissioners, and evaluation thereof shall include the credit worthiness and financial capabilities of the obligor(s).
§ 340-63 Antennas and/or antenna towers.
Except as provided below, accessory antennas and/or antenna towers shall comply with height limits for structures applicable to the zoning district in which the structure is proposed.
A.
The Planning Commission shall approve communications towers and antenna used exclusively by agencies providing law enforcement, governmental or volunteer-operated ambulance, firefighting, and/or rescue services without limitation as to height.
B.
Amateur (HAM) radio facilities are subject to a maximum height limit for structures provided the structure is set back from any lot line a distance equal to its height.
(1)
A special exception of up to 75 feet may be granted per § 340-134 if the Board of Zoning Appeals determines, based on evidence provided by the applicant that the additional height is the minimum needed to engage in amateur radio communications using the full spectrum under a license issued by the FCC.
(2)
Antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely matching the color of the supporting structure, to make the antenna and related equipment as visually unobtrusive as possible.
(3)
Antennas and supporting electrical and mechanical equipment must be removed when use ceases.
§ 340-64 Small wireless facilities.
Subject to the following terms and conditions, small wireless facilities shall be permitted with a special exception in all zoning districts:
A.
An applicant desiring to install a small wireless facility in, upon, or over private property shall provide the following information:
(1)
A technical description of the small wireless facility and support structure along with detailed diagrams accurately depicting all components and equipment;
(2)
A detailed description of the design, location, and installation time frame for the small wireless facility and any support structure;
(3)
An engineering certification;
(4)
A statement describing the applicant's intentions concerning collocation, if applicable, with co-location being preferred and more favorably viewed;
(5)
A statement demonstrating the applicant's ability to comply with all applicable safety standards;
(6)
If the applicant is not the owner of the subject property, an executed attachment agreement with the property owner;
(7)
A decommissioning plan; and
(8)
Such other information as the Planning Commission and/or Board of Zoning Appeals may require.
B.
All small wireless facilities shall be located, designed, and operated in accordance with all applicable local, state, and federal laws and regulations and to minimize the visual impact on surrounding properties to the maximum extent practicable and shall otherwise comply with such requirements and conditions as the Planning Commission and/or Board of Zoning Appeals may deem appropriate to impose.
C.
Small wireless facilities shall not be located in an area where there is an over-concentration of small wireless facilities.
D.
The location selected, and the scale and appearance of the small wireless facility shall be consistent with the general character of the neighborhood.
E.
Small wireless facilities located in a residential zoning district shall not generate any noise.
F.
If located in the Historic District, the small wireless facility shall be subject to Historic District Commission review and approval.
G.
Support structures shall comply with the building setback provisions of the applicable zoning district. Also, the minimum setback distance from the ground base of any new support structure to any property line, sidewalk, street, or public recreational area shall be the height of the support structure, including any antennae or other appurtenances. This setback is considered a "fall zone."
H.
The height of any new support structure, including any antennae or other appurtenances, shall not exceed the average height of the existing streetlight poles or utility poles within the area extending 500 feet in any direction from the proposed support structure.
I.
A small wireless facility and/or support structure shall be lighted only if required by the Federal Aviation Administration. The lighting of equipment shelters and other facilities on site shall be shielded from other properties.
J.
If metal, the support structure must be treated or painted with non-reflective paint and in a way to conform to or blend in with the surroundings.
K.
The small wireless facility and support structure shall be used continuously for wireless communications. In the event the small wireless facility and support structure ceases to be so used for six months, the Board of Zoning Appeals may revoke any special exception approval granted pursuant to this section. The individual or entity to whom such approval has been granted shall be responsible for removing the small wireless facility and any support structure within 45 days following such revocation. Any portion of the small wireless facility and/or support structure which has not been removed within 45 days following such revocation shall be considered abandoned and may be removed and disposed of by the Town, with all such costs to be the sole responsibility of the individual or entity to whom the special exception was granted.
L.
In addition to the other criteria required for special exceptions, the Planning Commission shall not provide a favorable recommendation for, and the Board of Zoning Appeals shall not approve, an application for a small wireless facility when, in its sole judgment, sufficient capacity no longer exists for additional small wireless facilities to be placed in the proposed location without jeopardizing the physical integrity of other small wireless facilities, support structures, or other utilities already present in the proposed location.
§ 340-65 Adult-oriented businesses (AOB).
The regulations of this section shall apply to adult-oriented businesses in the GC Gateway Commercial Zoning District. All aspects of matters not governed by the following provisions of this section shall be governed by all other applicable provisions of the Town Code. Adult-oriented businesses are regulated under Chapter 75, Adult-Oriented Businesses, of the Town Code. See Chapter 75 for definitions relating to adult-oriented businesses applicable to this section, other than the definition of "adult-oriented business," which is in § 340-11.
A.
In addition to any design criteria generally applicable to a use in the GC Gateway Commercial Zoning District, including but not limited to any buffer, buffer yard, and setback requirements, an adult-oriented business must meet the following setback criteria:
(1)
No portion of a building or structure in which an adult-oriented business is located (the "AOB structure") shall be within 400 feet of the closest boundary of a parcel containing a school, place of worship, park or recreation facility, including but not limited to a YMCA or community center, day-care center, family or day-care center or group home.
(2)
No portion of an AOB structure shall be within 400 feet of the boundary of any parcel in a residential zoning district or 475 feet of the closest portion of any building or structure located within a nonresidential zoning district used principally as a residential dwelling.
(3)
No portion of an adult-oriented business structure shall be less than 5,000 feet from the closest portion of any other building or structure containing an adult-oriented business.
(4)
No portion of an adult-oriented business structure shall be less than 500 feet from the closest portion of any building or structure where alcoholic beverages are sold for on-premises consumption.
B.
Application.
(1)
The owner/operator of an adult-oriented business shall submit an application to the Zoning Inspector per Chapter 75, Adult-Oriented Businesses, of the Town Code, which includes a site plan that, in addition to those items required by Chapter 110, Site Plan Review, of the Town Code contains and depicts all of the information necessary to determine compliance with this chapter and Chapter 75 of the Town Code.
(2)
Compliance with the requirements of Subsection B(1) above shall be determined as of the date of submittal of an application, and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for or, if no application is necessary, made after the date of submittal of an application shall be of no effect and shall not be given any consideration in determining compliance with the requirements of Subsection B(1) hereof.
C.
Exterior requirements.
(1)
The exterior parking areas, except at any driveway of ingress or egress, shall be screened by a permanent solid fence, wall, or berm in association with a planted area with trees and shrubs on each side of the property that is adjacent or potentially adjacent to another business or property other than a public road. The exterior of such a wall and the planted area shall be maintained. Such a fence, wall, or berm shall be at least five feet in height.
(2)
Surveillance devices shall be maintained in a manner to permit continual surveillance from a manned management station of the exterior areas of the lot(s) or parcel(s) on which the adult-oriented business is operating.
D.
Site plan required.
(1)
Before the issuance of a building permit or a license for an adult-oriented business, an adult-oriented business shall submit a site plan to the Planning Commission in accordance with Chapter 110, Site Plan Review, of the Town Code.
(2)
When any change is proposed to an adult-oriented business that affects an item required to maintain compliance with this section or the provisions of Chapter 75, Adult-Oriented Businesses, of the Town Code, a revised site plan shall be submitted to the Planning Commission for approval before any such change.
E.
Outdoor advertising signs. All outdoor advertising signs shall comply with the requirements of Article XV of the Town Code. No exterior sign or sign visible from the exterior of any building or structure shall contain adult entertainment or material, as those terms are defined in Chapter 75, Adult-Oriented Businesses, of the Town Code.
F.
Inspections.
(1)
Periodic inspections. The Zoning Inspector or his authorized designee shall periodically inspect the premises of every adult-oriented business to ensure compliance with this chapter.
(2)
Entry. The Zoning Inspector, or his duly authorized designees shall exhibit proper credentials upon request. He or she may enter any adult-oriented business to enforce the provisions of this chapter without the consent of the owner, operator or occupant at any time during business or operating hours, and at such other times as may be necessary for any situation reasonably believed to pose an immediate threat to life, property or public safety.
§ 340-66 Veterinary care.
A.
All medical care and boarding must be conducted within a completely enclosed principal building.
B.
Biohazard and/or medical waste must be disposed of pursuant to the medical waste disposal regulations of the Occupational Safety and Health Administration.
C.
The treatment of animals must be primarily limited to small companion animals.
§ 340-67 Marine services.
Community piers and noncommercial boat docking and storage shall comply with provisions of COMAR 27.01.03.07.
§ 340-68 Day-care center.
A.
Day-care centers are permitted in the RG, CC and GC Districts and may be permitted as a special exception by the Board of Zoning Appeals in the R-3 Districts.
B.
A day-care center, nursery school, prekindergarten or preschool may be permitted as a special exception by the Board of Zoning Appeals in the R-1 District subject to the following conditions:
(1)
The facility is State-licensed.
(2)
The facility contains no more than 1,500 square feet of floor space. In calculating the square footage of floor space, the following may not be included: any floor space, rooms, or areas that are not available for the daily program activities of the children, such as columns, vestibules and corridors, food preparation areas, kitchens, bathrooms, adult work areas, permanently equipped isolation areas or sleeping rooms, storage units, and storage space.
§ 340-69 Restaurants, outdoor seating.
A.
Outdoor seating areas in the CC, HR, and GC Districts are permitted subject to the following conditions:
[Amended 2-10-2021 by Ord. No. 519]
(1)
An outdoor seating area shall exist only in conjunction with indoor seating that is under the same management, which operates the indoor and outdoor seating as a single business.
(3)
Customers in an outdoor seating area shall be seated at tables.
(4)
An outdoor seating area with more than two tables or eight seats shall provide table service.
(5)
An outdoor seating area shall not include an outdoor bar.
(6)
Customers in the outdoor seating area shall have access to the same indoor toilets as do customers seated indoors; portable toilets shall not be permitted.
(7)
An outdoor seating area shall not be open for business during hours when the indoor restaurant is closed for business.
(8)
No part of any outdoor seating area shall be within 50 feet of a residential use.
B.
Outdoor seating areas in the MC District not in conjunction with indoor seating are permitted subject to the following conditions:
(1)
Customers in an outdoor seating area shall be seated at tables.
(2)
An outdoor seating area with more than two tables or eight seats shall provide table service.
(3)
Customers in the outdoor seating area shall have access to indoor toilets; portable toilets shall not be permitted.
(4)
No part of any outdoor seating area shall be within 50 feet of a residential zoning use.
C.
Restaurants/cafés with outdoor dining abutting a public sidewalk. General requirements:
(1)
An outdoor dining area, accessory to a restaurant/café, which abuts a public sidewalk may only be permitted in those zoning districts where restaurants and cafés are otherwise permitted.
(2)
The Town shall issue a permit for the above noted outdoor dining.
(4)
All chairs, benches, tables, and service operations shall not extend beyond the privately-held property on which the business is located and shall not extend into the pedestrian corridor as defined in Chapter 285 of the Town Code.
(5)
No alcohol of any type may be served on public property or in violation of any license issued by the Talbot County Board of License Commissioners. Violation of this condition shall result in immediate termination of the use of the property for outdoor dining and sidewalk use permit.
(6)
The authority to grant, renew, revoke, or deny a permit for outdoor dining abutting a public sidewalk rests with the Zoning Inspector.
(7)
The duration of the permit shall be 365 days.
(8)
No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor dining area on the public sidewalk or right-of-way. Outdoor dining areas shall always remain clear of litter.
(9)
The hours of operation of the outdoor dining area shall be limited to the hours of operation of the associated restaurant.
(10)
Enforcement of these provisions is governed by the St. Michaels Police Department and/or Zoning Inspector.
§ 340-70 Bed-and-breakfast (B&B).
Bed-and-breakfast use is subject to the following conditions:
A.
The principal dwelling unit is the permanent residence of the owners of the property or the resident manager. The Planning Commission shall allow the dwelling unit for the owner or resident manager of the B&B to be in a separate structure from the guest rooms, located on the same lot or parcel of land provided all other zoning requirements are met.
B.
Where the dwelling unit exists in a separate structure from some or all of the guest rooms, a structure with four or more guest rooms, no dwelling unit, and a common dining area for guests may include a kitchen to be used by management in the preparation of breakfast for guests between the hours of 6:00 a.m. and 10:30 a.m. This kitchen shall not be accessible to guests.
C.
No more than eight guest rooms;
D.
At least one full bathroom per two guest rooms. Bathrooms must be for the exclusive use of the occupants of the guest rooms and shall be accessible from each guest room without going through another guest room or sleeping room.
E.
Each guest room and guest facility within a structure shall be accessible from all other guest rooms and guest facilities within the same structure without exiting the structure or resorting to exterior stairs.
F.
A B&B may provide breakfast (but not other meals) in exchange for compensation only to occupants of the guest rooms.
G.
A B&B shall contain no substantial food storage or preparation facilities in any guest room. It shall not permit occupants of guest rooms to prepare meals upon the premises. However, accessory appliances such as a mini-refrigerator, coffee maker, and/or microwave oven solely for the convenience of the occupants may be provided in guest rooms.
H.
The commencement of the use of a B&B shall constitute a new or different use requiring an occupancy permit from the Town.
I.
Accessory uses.
(1)
Accessory uses may include the leasing of part or all of the premises (exclusive of the owner or resident manager's dwelling as required in this chapter) for weddings, wedding receptions, family reunions, business activities, and other events similar in nature (hereinafter, "event packages"). Such event packages must be part of a contract for services which shall include the rental of at least one sleeping room and shall not constitute a separate commercial use. Event packages permitted to be sold by this section shall be subject to the following requirements:
(a)
Events resulting from the sale of event packages (events) and all sales related to it shall be contracted by a guest of the B&B and shall include, at a minimum, the rental of at least one sleeping room in the B&B.
(b)
Attendance at events shall be limited to the maximum occupancy numbers permitted by the Talbot County Fire Marshal or 50 persons, whichever is less.
(c)
Food and beverages shall be consumed on the premises during the event.
(d)
All services associated with the event and all goods used or consumed during the event shall be made a part of the event package contract. There shall be no cash bar or other goods, or services sold directly to the event attendees or any direct retail sales outside of the event package.
(e)
The premises so leased shall not include the owner or resident manager's dwelling unit.
(g)
All items and services sold as part of an event package shall be subject to all required federal, state, and local permits.
(h)
Commercial vehicles related to the services associated with events shall not park on the street except to unload and load equipment and supplies.
(i)
The kitchen(s) may be used to prepare food served at the event.
(2)
Limited sale of items related to the establishment and solely for purchase by guests, e.g., coffee cups, tee shirts, and the like bearing the name or logo of the bed-and-breakfast, is permitted.
§ 340-71 Hotel, motel.
[Amended 2-10-2021 by Ord. No. 519]
A hotel or motel is permitted in the WD, CC, MC, and GC Districts subject to the following conditions:
A.
The owner shall comply with the licensing, food storage, and preparation guidelines outlined in COMAR 10.15.03.
B.
The length of stay shall not exceed 30 days within any 90 days.
C.
The facility shall contain a registration area. It shall be staffed 24 hours a day with at least one individual who has the authority to accept, reject, oversee the conduct of, and expel guests to maintain order.
D.
If the facility offers package services for weddings, wedding receptions, family reunions, business activities, conferences, and other events similar in nature (hereinafter, "event packages") as accessory uses:
(1)
Events resulting from the sale of event packages shall be contracted by a guest of the facility and shall include, at a minimum, the rental of at least one sleeping room in the hotel;
(2)
Attendance at events shall be limited to the maximum occupancy numbers permitted by the Talbot County Fire Marshal; and
(3)
Food and beverages shall be consumed on the premises during the event.
E.
Establishments may include a restaurant open to the public.
§ 340-72 Historic vacation cottages in the R-2 District.
§ 340-73 Short-term rentals (STR).
[Amended 2-10-2021 by Ord. No. 519]
A.
Short-term rentals are permitted in the CC District subject to the following:
(1)
Except as provided in Subsection B below, all units are located above the first floor in a principal building;
(2)
The Town has issued a short-term rental license;
(3)
The maximum number of people permitted to be on-site is limited to two persons per bedroom;
(4)
The owner of the short-term rental property is responsible for payment of any applicable sales or accommodation taxes, e.g., the Maryland Sales Tax and the Talbot County Accommodation Tax; and
(5)
All applications require an onsite inspection to verify compliance with all applicable building, fire, and safety codes.
B.
An existing single-family dwelling may be used as a short-term rental subject to the following criteria.
(1)
The Town has issued a short-term rental license.
(2)
The existing principal structure is located on a single lot or parcel of land (collectively the "premises").
(3)
The lot or parcel of land shall be a lot of record.
(4)
The principal structure shall:
(a)
Be a single-family detached dwelling constructed in or before 1945;
(b)
Be the only structure on the lot used for human habitation;
(c)
Contain no more than 1,400 square feet of interior space; and
(d)
Contain beds and other sleeping facilities for no more than four persons, excluding cribs and other sleeping facilities for children under 18 months of age.
(5)
The principal use of the premises and principal structure shall be only a place of public accommodation for short-term rental.
(6)
The maximum number of people permitted to be on-site for occupancy purposes is limited to two persons per bedroom.
(7)
The short-term rental property owner is responsible for payment of any applicable sales or accommodation taxes, e.g., the Maryland Sales Tax and the Talbot County Accommodation Tax.
(8)
All applications require an on-site inspection to verify compliance with all applicable building, fire, and safety codes.
§ 340-74 Parking structures, non-accessory.
Non-accessory or commercial parking, including parking garages, may be permitted as a special exception in the WD and MC Districts subject to the following conditions:
A.
They are located on a lot at least one acre in size; and
B.
They are set back at least 30 feet from adjacent property used for residential purposes; and
C.
They are set back at least 20 feet from adjacent property used for commercial purposes; and
D.
No vehicle entrances or exits face immediately adjacent residential property.
§ 340-75 Self-service storage facility.
§ 340-76 Fueling station.
Fueling stations may be permitted as a special exception in the GC District subject to the following conditions:
A.
Setbacks.
B.
Protective curb.
(1)
All landscaped areas must be protected by a raised curb at least six inches in height or by a bumper guard of not more than 18 inches in height.
(2)
Protective curbing at least six inches in height must be provided along the edges of all areas accessible to motor vehicles upon adjacent property or street rights-of-way, except that provision may be made for cross-access to abutting commercial development.
§ 340-77 Personal motor vehicle repair and maintenance.
Facilities for repair and maintenance of personal motor vehicles are permitted in the GC District subject to the following conditions:
A.
Repair and service activities must be conducted within a completely enclosed building.
B.
No outdoor storage is allowed, except for customer vehicles waiting to be repaired or waiting for pickup.
C.
All repair and maintenance activities must be screened with a solid fence or wall approved by the Planning Commission with a minimum height of six feet and a maximum height of eight feet.
§ 340-78 Contractor's shop.
A contractor's shop, including office, are permitted in the SLC and GC Districts subject to the following conditions:
A.
All services, storage functions, and work areas are conducted within a completely enclosed building or a fenced or screened yard area that assures no visible evidence of such services, storage, and work area functions from Talbot Street.
B.
Outside storage or work areas shall be screened on all sides by a solid, opaque wooden or brick wall not greater than eight feet in height. No variance shall be required for fences serving such screening functions. Chain link fencing shall not be used as a fencing material to satisfy screening requirements.
§ 340-79 Micro-producers.
A.
Hold an appropriate license issued by the State and the County Board of Liquor License Commissioners that allows the production of beer, wine, or liquor and operates consistent with the applicable license(s).
B.
Tasting rooms and on-site sales and consumption are permitted as accessory to on-site production operations and facilities. Products offered in tasting rooms and for on-site sales and consumption may only be supplied from the related production facilities.
§ 340-80 Home occupation.
A.
The Town recognizes the desire and/or need of some citizens to use their residence for business activities to reduce travel and to provide another economic development tool, but also recognizes the need to protect the surrounding areas from adverse impacts generated by these business activities. The standards in this section ensure that the home occupation remains subordinate to the residential use and that the residential character of the dwelling unit is maintained. The standards recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood.
B.
There are two types of home occupations, Type 1 and Type 2. Uses are allowed as a home occupation only if they comply with all the requirements of this chapter. The Zoning Inspector shall determine whether a proposed home occupation is a Type 1 or Type 2.
(1)
Type 1. A Type 1 home occupation is one wherein the residents use their home as a place of work; however, no employees or customers come to the site. A Type 1 home occupation shall be permitted in all zoning districts.
(2)
Type 2. A Type 2 home occupation is one where either one employee (residing outside of the dwelling) or customers/clients come to the site. Examples are home day-care services, counseling, tutoring, and other such instructional services.
C.
General requirements:
(1)
No article or commodity may be offered for sale or be publicly displayed on the premises except that incidental to the service offered.
(2)
The living quarters must occupy at least 2/3 of the entire building area.
(3)
Type 1 home occupation entails no off-street parking space requirement in addition to the residential use.
(4)
A use consisting of a dwelling and one or more guest rooms is not a home occupation but is a principal use.
D.
Permitted home occupations. Examples of permitted home occupations include, but are not necessarily limited to, the following:
(1)
Offices for such professionals as, but not limited to, architects, brokers, counselors, clergy, doctors, draftspersons and cartographers, engineers, land planners, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons, manufacturer's representatives, and travel agents.
(2)
Instructional services, including music, dance, art, and craft classes.
(3)
Studios for artists, sculptors, photographers, and authors.
(4)
Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and woodworking.
E.
The Board of Zoning Appeals may permit a Type 2 home occupation as a special exception in the residential districts provided that such use shall conform to the following standards which shall be the minimum requirements:
(1)
Operational standards.
(a)
Conditions of approval established by the Board of Zoning Appeals shall specify the hours of operation, the maximum number of customer/client visits that may occur in any one day, and the maximum number of customers/clients that can be present during hours of operation.
(b)
A Type 2 home occupation shall have no more than one nonresident employee and one customer on the premises at any one time. The number of nonresident employees working at other locations other than the home occupation is not limited.
(c)
Type 1 home occupations are not required to provide any additional parking beyond what is required for residential use. Type 2 home occupations shall provide two hard-surfaced, dust-free parking areas.
(d)
The equipment used by the home occupation and the operation of the home occupation shall not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines. They shall not generate noise exceeding those permitted by State Code and the St. Michaels Code. Nor shall they create electrical, magnetic, or other interference off the premises, consume utility quantities that negatively impact the delivery of those utilities to surrounding properties, or use/or store hazardous materials above the quantities permitted in a residential structure.
§ 340-81 Portable storage containers.
A property owner or tenant may rent and use a portable storage container provided the following conditions are met:
A.
The Zoning Inspector shall be notified at least three business days before placing the storage container on the site.
B.
A portable storage container shall be located at the address for a maximum of 60 consecutive days, including the days of delivery and removal. Extensions may be granted by the Zoning Inspector, subject to conditions, for reasonable additional periods in an amount not to exceed 30 days for each extension.
C.
The unit is no larger than eight feet wide by eight feet high by 16 feet long.
D.
The unit is not located within any public right-of-way. It shall not block any public sidewalk unless there is no alternative on-site location and if authorized by the Zoning Inspector.
E.
There is no more than one portable storage container for any address at any one time.
F.
The container shall not be located in the front setback unless approved by the Zoning Inspector. If access exists at the side or rear of the site, the container shall be located in a side or rear yard.
G.
Portable storage containers shall be placed on an impervious surface where feasible (e.g., driveway).
H.
The portable storage container shall be used for the temporary storage of household goods and related items only. The portable storage container may not be used for waste.
I.
On townhouse or multifamily properties, placement of the portable storage container must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the storage container does not obstruct emergency access or infringe on required landscaped areas.
J.
Portable storage containers are not permitted accessory structures and shall not be used as such.
§ 340-82 Roll-off trash containers.
A roll-off trash container may be temporarily placed on a property in a residential district provided the following conditions are met:
A.
The Zoning Inspector shall be notified at least three business days before placing the roll-off trash container on the site.
B.
A roll-off trash container shall be located at the address for a maximum of 30 consecutive days, including the days of delivery and removal. Extensions may be granted by the Zoning Inspector, subject to conditions, for reasonable additional periods in an amount not to exceed 30 days for each extension. The Planning Commission may grant further extensions not to exceed six months.
C.
The unit has a maximum capacity of 40 cubic yards or is no larger than eight feet wide by eight feet high by 16 feet long.
D.
There is no more than one roll-off trash container for any address at any one time.
E.
The unit is not located within any public right-of-way and does not block any public sidewalk unless approved by the Zoning Inspector.
F.
Roll-off trash containers shall be placed on an impervious surface (e.g., driveway) where feasible.
G.
The roll-off trash container is used only for the disposal of acceptable waste. Examples of waste that are not acceptable include refrigerators, a/c units, tires, batteries, car parts, hazardous waste, and gas or propane tanks.
H.
On townhouse or multifamily properties, placement of the roll-off trash container must be approved by appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the storage container does not obstruct emergency access or infringe on required landscaped areas.
I.
Roll-off trash containers are not permitted accessory structures and shall not be used as such.
§ 340-83 Temporary uses and structures.
A.
Temporary structures, construction.
(1)
Temporary buildings and structures to house education, training, or festival activities, including trailers for uses incidental to construction work are permitted. Such use shall have a definite completion date and shall be removed upon the completion or discontinuance of construction or one year, whichever comes first.
(2)
At the request of the property owner, the Planning Commission may extend approval for a temporary building or structure for up to two additional six month periods upon a determination of good cause.
(3)
Such structure shall be subject to all applicable zoning district standards for the district in which it is located except coverage limitations.
(4)
Trailers, shelters, or the buildings shall not be used for living or sleeping.
B.
Temporary use, sales. One trailer or the use of one building as a temporary field or sales office in connection with building development is permitted. The temporary sales trailer shall be removed at the point in time when all the residential lots have been sold, and the sales office is closed. Neither the trailer nor the building shall be used for living or sleeping other than for overnight security purposes.
C.
Temporary use, emergency. Temporary buildings, structures, and uses needed as the result of a natural disaster or other health and safety emergencies for the duration of the emergency are permitted.
D.
Tents.
[Added 11-29-2022 by Ord. No. 536]
(1)
Tent uses permitted as specified in table:
Tent Use | Duration |
|---|---|
Private events | 7 days including setup and breakdown |
Exempt: Waterfront Development (WD) zone | |
Public events | Duration of the event. Shall be based on public event permit approved by Commissioners. |
Over existing outdoor dining areas | April 1 to October 31 — Requires annual permit |
(2)
Tents cannot be placed in parking areas unless as approved under a public event permit.
(3)
Annual permits for tents over outdoor dining areas requires Fire Marshall approval and Historic District Commission approval.
(4)
Tents for private events longer than seven days require Planning Commission approval.
(5)
In the Waterfront Development (WD) Zone, tents are not required to be taken down within seven days following an event; provided that the tent is located over a hardscaped surface and is generally screened from view from Talbot Street.
§ 340-84 Formula businesses.
[Added 10-9-2024 by Ord. No. 561]
A.
An application for a special exception for a formula business shall include a site plan, proposed elevations, and written description of the proposed business operations that demonstrate that the proposed formula business:
(1)
Promotes and complements the unique character of the Town by having an appearance, style, bulk, scale, size, and color that is in harmony with the Town's small town historic character, consistent with its location in Chesapeake Bay Eastern Shore region, including, where appropriate, its maritime character; and
(2)
Protects the character of existing neighborhoods; and
(3)
Ensures the compatibility of new development with surrounding structures and uses; and
(4)
Fosters civic beauty; and
(5)
Preserves the Town's streetscapes; and
(6)
Enhances the Town's environment for residents and visitors by adding to a strong sense of community identity, pride and tradition; and
(7)
Does not distract from or diminish the Town's sense of place.
B.
A special exception granted for the operation of a formula business on any lot, parcel, or property in the Town shall be null and void if the construction of the improvements on the lot, parcel, or property is not in conformance with the site plan and elevation drawings submitted in connection with the special exception application and shall be considered inconsistent with the approval if material exterior alterations are made to the improvements thereon.
C.
A special exception granted to a formula business under this section shall expire at such time as the ownership of the property changes, except when the business continues to operate under the same brand name.
D.
A special exception for a formula business shall not be granted for any use that would otherwise require a special exception unless the application also satisfies any supplemental use regulations pertaining to that use.
§ 340-85 Development standards in the HR Historic Redevelopment District.
A.
Operational standards and restrictions. Uses permitted within this zoning district shall be controlled by the following general standards and limitations:
(1)
No business shall be open to the public earlier than 7:00 a.m. or later than 10:00 p.m. except a café/bakery/coffee shop which may open as early as 5:00 a.m.
(2)
Retail outlets not associated with craft workshops and artists' studios with associated retail sales are limited to 50% of the total square footage of those structures located on each parcel within the HR District.
(3)
No single commercial use shall generate more than an average of five truck deliveries and/or pickups per day.
(4)
Loading and unloading of trucks shall be done on private property in as much as possible and within areas screened from the view of neighboring residences and public ways by natural plantings or decorative screening at least eight feet in height. No variance shall be required for fences serving such decorative screening functions.
(5)
Outdoor seating areas associated with any use in the HR shall comply with the provisions of Chapter 285, Streets, Sidewalks and Alleys, of the Town Code.
(9)
For enforcement of Chapter 216, Noise, of the Town Code, the HR District shall be considered the same as the surrounding residential area.
(10)
Each use shall have a separate, exclusive, and well-defined space for occupancy and operation, either by lease, deed, or similar document. Driveways, loading and unloading areas, parking areas, and means of ingress and egress may be used in common with other occupants or users within the HR District.
(11)
No use or combination thereof shall cause a pattern or flow of traffic, which is inconsistent with or destructive of the character and fitness of the neighborhood and zone for residential use.
B.
Height, setback, yard, lot coverage, and impervious surface restrictions:
(1)
Structure height limits are those set out in § 340-104 except that any existing structure shall not be considered a nonconforming structure. Existing structures may be maintained, repaired, renovated, and/or, in the event it is totally or partially destroyed, may be reconstructed in the same place and to the same dimensions as such structure previously existed.
(2)
Development standards. For new projects or substantial reconstruction or renovation, lot coverage (structures and impervious surface), and setback/yard requirements shall be established for each project by the Planning Commission. In determining these requirements, the Planning Commission shall consider such factors as the proposed intensity of the project, the existing character of the neighborhood, and the current area and bulk conditions.
§ 340-86 Development standards in the SLC Select Limited Commercial District.
Uses permitted in the SLC District shall be controlled by the following standards and limitations:
A.
Except for loading and unloading of vehicles, no business activity shall take place outside of an enclosed building.
B.
No single commercial use shall generate more than three truck deliveries and/or pickups per day by vehicles having 10 or more wheels.
C.
Loading and unloading of trucks shall be done on private property in areas screened from view from neighboring residences and public ways by natural plantings or decorative screening at least eight feet in height. No special exception shall be required for fences serving such screening function.
D.
Open storage of refuse, debris, or garbage is prohibited.
G.
Noise levels for all uses shall conform to the standards set in COMAR Title 26, Subtitle 02, Chapter 03, and Chapter 216, Noise, of the Town Code.
H.
No use or combination of uses shall cause a pattern or flow of traffic, which is inconsistent with or destructive of the character and fitness of adjacent residences, neighborhoods, and zoning districts for residential use.
§ 340-87 Development standards in the GC Gateway Commercial District.
Parking areas will be located to the side and rear of the parcel except handicapped parking, which may be located near the main entrance of the building.
§ 340-88 Outdoor storage and display.
A.
Generally. It shall be unlawful for any owner or occupant to place, deposit, or maintain outdoor storage on any premises or property except as permitted in this chapter.
B.
Outdoor display by retail uses. Retailers of both new and used merchandise shall be permitted to display outdoors. The following conditions shall apply to the display of merchandise outdoors:
(1)
Display of merchandise must be set back 10 feet from all property lines;
(2)
No merchandise may be placed on a public sidewalk;
(3)
All merchandise shall be located within the confines of the retailer's owned or leased property;
(4)
No merchandise may be placed on landscaping, within three feet of either side of a working doorway or 10 feet directly in front of a working doorway;
(5)
Merchandise shall not be placed in a designated sight triangle or in any location which would impair a driver's view of a street;
(6)
Merchandise shall be displayed and maintained in a neat, clean, tidy, and orderly manner;
(7)
Temporary parking lot sales shall be a permitted use in commercial districts if the sales are conducted as an extension from a permanent structure containing a retail business. Also, minimum off-street parking requirements must be maintained, as well as any other provisions of this chapter. This section shall not be construed to allow a sub-lessee to occupy a parking lot to conduct independent sales activity;
(8)
The size of the outdoor display area for secondhand goods or merchandise shall be limited to 10% of the total indoor gross floor area of the business (excluding accessory buildings, as allowed by this chapter) and in no event shall exceed 100 square feet;
(9)
No secondhand goods or merchandise shall be displayed or stored or otherwise left outdoors during non-operating hours of the business;
(10)
This section shall not apply to the sale of motor vehicles, trailers, or boats.
C.
Outdoor storage in equipment rental businesses. Storage areas shall be fully screened from view from adjacent properties by an approved treatment that may include building placement, walls, fencing, and landscaping. Such storage areas shall not be located in the front setback or buffer area.
D.
Outdoor storage in industrial districts. Outdoor storage in any industrial district shall be allowed. Outdoor storage shall be screened with a visual barrier approved by the Planning Commission that adequately conceals material from the view of residential areas or public rights-of-way. Outdoor storage shall be behind required front setbacks.
(1)
All outdoor storage facilities for manufacturing equipment, fuel, raw materials, subassemblies, finished goods, and defective or repairable goods shall be enclosed by an opaque fence or other appropriate treatment. Such a fence or treatment shall be adequate to conceal such facilities from an adjacent property. Acceptable barriers include opaque fencing, berming, or other landscape treatment. Chain -link fencing with slats for screening is prohibited.
(2)
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground. Tanks or drums or fuel directly connected with heating devices or appliances located on the same site as the tanks or drums of fuel are excluded from this provision as well as liquefied and gaseous noncombustible materials.
(3)
The Planning Commission may grant a waiver to screening requirements for outdoor storage upon approval of a site plan. The exception shall be based on a visual analysis of the site and proposed development identification of unusual topographic or elevation conditions, strategic design treatment, and demonstration that the strict enforcement of screening is not practical. Views into the site will determine the amount and location of landscaping.
§ 340-89 Performance standards for uses in the industrial use category.
After the effective date of this chapter, any use established extended or changed and any building, structure, or tract of land, developed, constructed, or used for any permitted use or accessory use in the use category "Industrial" shall comply with all of the applicable performance standards herein set forth.
A.
All aspects of any industrial use shall be permitted and approved as applicable by any federal, state, or county agency or department with jurisdiction and/authority and shall continuously operate as provided by any applicable federal, state, or county regulations or standards.
B.
All manufacturing, and processing shall occur within a closed, controlled building environment.
C.
Noise levels for all industrial uses shall conform to the standards set in COMAR Title 26, Subtitle 02, Chapter 03, and Chapter 216, Noise, of the Town Code.
D.
Air quality shall conform to the requirements of COMAR Title 26, Subtitle 11.
E.
Any industrial use or activity producing humidity in the form of steam or moist air, heat, or glare shall be carried on in such a manner that the humidity, heat, or glare is not perceptible at any lot line. Detailed plans for the elimination of humidity, heat, or glare may be required before the issuance of a building permit.
F.
No vibration, as measured at the lot line, is permitted, which is discernible by the human sense of feeling for three minutes or more duration in any one-hour period.
G.
No emission of particulate matter, a sulfur compound, carbon monoxide, hydrocarbon, nitrogen oxide, and open burning shall be allowed more than regulations adopted by the Maryland Department of the Environment.
H.
All sources of ionizing radiation shall be registered or licensed by the Maryland Department of the Environment and operated in accordance with their regulations.
I.
Any electrical radiation shall not adversely affect, at any point, on or beyond the lot line, any operation or equipment, other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.
J.
No waste material or refuse shall be dumped upon, or permitted to remain upon, any part of the property outside of the buildings. All waste shall be disposed of per the regulations of the Maryland Department of the Environment.
K.
No chemical, substance, product, or activity shall be used, stored or located on the premises in such a way as to produce or cause a harmful or offensive odor or fumes to be emitted outside of the building in which it is used, stored or located.
§ 340-90 Cannabis businesses.
[Added 2-14-2024 by Ord. No. 550; amended 8-14-2024 by Ord. No. 560]
A.
A cannabis business must provide evidence that a license from the Maryland Cannabis Administration to operate a cannabis business has been issued to the owner(s) of the business and currently is in effect.
B.
A cannabis businesses must conform to all regulations of the Maryland Cannabis Administration relating to the particular type of cannabis business, including but not limited to any requirement relating to labeling, packaging, and advertising, age restrictions and vendor training.
C.
On-site consumption of any cannabis products at a cannabis business is prohibited. Cannabis may not be consumed in any zone outside an enclosed structure or in any manner that results in detectable smoke, fumes, or odors on any adjacent property, including but not limited to public rights-of-way.
D.
A cannabis dispensary must be separated by at least 500 feet, as measured from property line to property line, from schools, child care centers, playgrounds, recreation centers, libraries, or public parks and 1,000 feet from another cannabis dispensary as measured from property line to property line at closest point.
E.
On or after July 1, 2024, a cannabis dispensary may not locate in the Town within 100 feet of a residential zone.
§ 340-91 Requirement for fire apparatus access for new developments.
[Added 5-10-2023 by Ord. No. 543]
Emergency services access.
A.
The requirement for a fire apparatus access road shall apply to any new commercial development outside the Historic District that is in excess of 10,000 square feet in size.
B.
A fire apparatus access road must:
(1)
Be at least 20 feet wide;
(2)
Have a vertical clearance of at least 13 feet six inches;
(3)
Be designed to withstand the imposed load of a fire truck apparatus as approved by the Town's Engineer in consultation with the Town Fire Department or County Emergency Services Department;
(4)
Be designed as an all-weather surface;
(5)
Have a turning radius adequate to permit fire truck apparatus to negotiate any turns;
(6)
Have no dead-end access road greater than 150 feet without adequate turnarounds;
(7)
Provide access to all sides of the building; and
(8)
Be within 50 feet of at least one exterior door of the building which door is able to be opened from the outside and provides access to the interior of the building.
C.
All covered or underground parking ceilings must be at least 10 feet six inches high to allow ingress and egress of emergency vehicles.