Snow Hill, MD Zoning Ordinance

§ 200-116 Purpose.

The landscaping and screening regulations of this article establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this chapter and specifically to:

Protect property values;

Enhance the quality and appearance of new development and redevelopment projects;

Mitigate possible adverse impacts of higher intensity land uses abutting lower intensity land uses;

Promote the preservation, expansion, protection and proper maintenance of existing trees and landscaping;

Help ensure wise use of water resources;

Improve air quality;

Protect water quality and reduce the negative impacts of stormwater runoff by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;

Moderate heat by providing shade; and

Reduce the impacts of noise and glare.

§ 200-117 Parking lot perimeter landscaping.

Applicability. The parking lot perimeter landscaping requirements of this section apply to all of the following:

(1)

The construction or installation of any new surface (open) parking lots containing six or more parking spaces; and

(2)

The expansion of any existing surface (open) parking lot if the expansion would result in six or more total parking spaces, in which case the requirements of this section apply only to the expanded area.

Street yards/front yards.

(1)

When a parking lot is located across the street from a residential zoning district, parking lot perimeter landscaping must be provided along 100% of the street frontage opposite the residential zoning district. See Figure 117.1.

Figure 117.1: Street Yard Perimeter Landscaping Opposite R Zoning

(2)

When a parking lot is located across the street from a nonresidential zoning district, parking lot perimeter landscaping must be provided along at least 75% of the parking lot perimeter opposite the nonresidential zoning district. See Figure 117.2.

Figure 117.2: Street Yard Perimeter Landscaping Opposite Nonresidential Zoning

(3)

Parking lot perimeter landscaping may consist of shrubs, ornamental grasses, trees and perennial plants, all of which must reach a minimum height of 36 inches at maturity. See Figure 117.3.

Figure 117.3: Perimeter Landscape Plant Height

(4)

Shade or ornamental trees must be provided within required parking lot perimeter landscape areas at a rate of at least one tree per 30 linear feet of street frontage, rounded to the nearest whole number. Existing trees may be counted toward satisfying parking lot perimeter tree planting requirements. See Figure 117.4.

Figure 117.4: Trees Within Street Yard Perimeter Landscape Areas

Interior yards.

(1)

When a parking lot is located in the interior side or rear yard of a lot abutting another lot, parking lot perimeter landscaping must be provided as follows:

(a)

Landscaping provided in plant groupings of no less than three live plants must be provided along at least 50% of the parking lot perimeter along the abutting interior side and rear lot lines. See Figure 117.5.

Figure 117.5: Perimeter Landscaping Within Interior Yards

(b)

Parking lot perimeter landscaping may consist of shrubs, ornamental grasses, trees and perennials, all of which must reach a minimum height of 36 inches at maturity.

(2)

When a parking lot is located in the interior side or rear yard of a lot abutting a residential zoning district, the parking lot perimeter landscaping required must be supplemented by installation of a solid wood fence, wall, or comparable visual barrier with a minimum height of six feet along 100% of the parking lot perimeter immediately abutting the R-zoned property. See Figure 117.6.

Figure 117.6: Supplemental Wall or Fence Abutting R-Zoned Property

General.

(1)

Landscape material used to satisfy the parking lot perimeter landscaping requirements of this section are subject to the landscape material and design regulations of § 200-121.

§ 200-118 Parking lot interior landscaping.

Applicability. The parking lot interior landscaping requirements of this section apply to all of the following:

(1)

The construction or installation of any new surface (open) parking lots containing six or more parking spaces; and

(2)

Landscape islands.

(1)

Landscape islands must be located at the end of each parking row and within each parking row so that the distance between islands is no greater than 20 parking spaces. See Figure 118.1.

Figure 118.1: Parking Lot Landscape Islands

(2)

Landscape islands must be a minimum of 150 square feet in area when located in a single row of parking spaces and 300 square feet in area when located within a double row of (face-face) parking spaces. Islands must be at least seven feet in width, as measured from the back of curb to back of curb.

(3)

At least one shade tree must be provided for each 150 square feet of landscape island, rounded to the nearest whole number.

Landscape divider medians.

(1)

Landscape divider medians must be provided between at least every three parking modules. Divider medians must be least six feet in width. See Figure 118.2.

Figure 118.2: Parking Lot Landscape Divider Medians

(2)

At least one shade tree must be provided for each 40 feet of median length, rounded to the nearest whole number. See Figure 118.3.

Figure 118.3: Tree Planting within Medians

General.

(1)

Landscape material used to satisfy the parking lot interior landscaping requirements of this section are subject to the landscape material and design regulations of § 200-121.

(2)

All landscaped islands and divider medians must be crowned to provide positive drainage or designed to comply with the best management practices for stormwater.

(3)

At least 50% of every landscape island and landscape divider median must be planted with live plant material, such as perennials, ground cover, shrubs, or turf grass to a maximum height of 30 inches at maturity.

§ 200-119 Screening.

Applicability: features to be screened. When located on lots occupied by multiunit residential or nonresidential uses, the following features must be screened from view of public rights-of-way, public open spaces and from lots used or zoned for residential purposes, as specified in this section:

(1)

Ground-mounted mechanical equipment;

(2)

Roof-mounted mechanical equipment;

(3)

Refuse/recycling/grease containers; and

(4)

Outdoor storage of materials, supplies and equipment.

Ground-mounted mechanical equipment. All ground-mounted mechanical equipment over 30 inches in height must be screened from view by a fence, wall, dense hedge, or combination of such features providing at least 80% direct view blocking. The hedge, fence or wall must be at least as tall as the tallest part of the equipment. The hedge must be this tall at the time of planting. See Figure 119.1.

Figure 119.1: Screening of Ground-Mounted Equipment

Roof-mounted mechanical equipment. Roof-mounted mechanical equipment (e.g., air-conditioning, heating, cooling, ventilation, exhaust and similar equipment, but not solar panels, wind energy or similar renewable energy devices) must be screened from ground-level view in one of the following ways (and as illustrated in Figure 119.2):

(1)

A parapet that is as tall as the tallest part of the equipment;

(2)

A screen around the equipment that is at least as tall as the tallest part of the equipment, with the screen providing at least 80% direct view blocking and which is an integral part of the building's architectural design.

Figure: 119.2 Screening of Roof-mounted Equipment

Refuse/recycling containers. Refuse/recycling and similar containers must be located on an appropriately designed concrete or other paving material pad and apron and screened from view of streets and all abutting lots with a wall or other screening material providing at least 80% direct visual screening at least six feet in height. Refuse/recycling containers may not be located in street yards. Enclosure doors must be located and designed so that, to the maximum extent possible, they do not face towards an abutting property, sidewalk, or street. Residential dwellings utilizing curbside pickup service are exempt from these screening requirements. See Figure 119.3.

Figure 119.3: Screening of Refuse/Recycling Containers

Outdoor storage of materials, supplies and equipment. All stored materials, supplies, merchandise, vehicles, equipment, or other similar materials not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by a fence, wall, dense hedge, or combination of such features with a minimum height of six feet at the time of installation.

Landscape materials and design. Landscape material used to satisfy the screening requirements of this section must be evergreens and are subject to the landscape material and design regulations § 200-121.

§ 200-120 Landscape plans.

All applications for development and construction activities that are subject to the landscape and screening regulations of this article must be accompanied by a landscape plan. No building permit or similar authorization may be issued until the Code Enforcement Officer determines that the landscaping and screening regulations of this article have been met.

The landscaping plan shall include sufficient information to demonstrate the function and intent of the landscaping to be provided and its suitability for the zoning district in which it is located and the project for which it has been designed. The landscaping plan shall at the minimum include the following:

(1)

The location, general type, size and quality of existing vegetation, including specimen trees and existing significant trees.

(2)

The existing vegetation to be retained.

(3)

The methods and details for protecting existing vegetation during construction and the approved sediment and erosion control plan, if available.

(4)

Location and variety of the proposed vegetation.

(5)

Plant lists or schedules with the botanical and common name, required and proposed quantities, spacing, height and caliper of all proposed landscape material at the time of planting and at maturity.

(6)

The location and description of other landscape improvements, such as earthen berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.

(7)

Planting and installation details as necessary to ensure conformance with all required standards.

(8)

A maintenance plan describing irrigation, pruning, replacement of dead material and other care procedures.

§ 200-121 Landscape material and design.

Landscaping with required landscape areas. All required landscape areas must be sodded or seeded with turf grass or appropriate ground cover. Alternatives that comply with the best management practices for stormwater are also allowed. Areas not required to be covered with live plant material must be covered with organic, biodegradable mulch.

Existing trees and vegetation. Existing noninvasive trees may be counted toward satisfying the landscaping and screening regulations of this article if they are located within the subject area and they comply with the plant height and size requirements of this section.

Plant selection.

(1)

Trees and plants selected for required landscape areas must be well-suited to the microclimate and on-site soil conditions. Native plant species are preferred but other plant species may be approved by the Planning Commission.

(2)

Trees and plant material must comply with the specifications found in American Standards for Nursery Stock (ASNS).

(3)

Invasive species may not be used to meet landscape requirements.

(4)

All plant materials are subject to the approval of the Planning Commission.

Trees.

(1)

Ornamental. Ornamental trees used to satisfy the requirements of this article must be at least four feet in height at time of installation.

(2)

Shade. Shade trees used to satisfy the requirements of this article must be a minimum two-and-five-tenths-inch caliper at time of installation.

Shrubs. Shrubs used to satisfy the requirements of this article must be at least 18 inches in height at time of installation.

Ornamental grasses and perennials. Ornamental grasses and perennials used to satisfy the requirements of this article must be at least 12 inches in height at time of installation.

Curbs and vehicle barriers.

(1)

Landscaped areas in or abutting parking lots must be protected by concrete curbing, anchored wheel stops, or other durable barriers. Alternative barrier designs that provide improved infiltration or storage of stormwater are encouraged.

(2)

Curbs protecting landscape areas may be perforated, have gaps or otherwise be designed to allow stormwater runoff to pass through them.

Installation.

(1)

All landscaping must be installed in a sound manner and in accordance with accepted landscape planting practices.

(2)

Newly planted trees may not be staked or guyed unless they are unable to stand upright without support. Any staking and guying materials must be removed within one year of installation.

Maintenance. The property owner, occupant, tenant and respective agent of each, if any, are jointly and severally responsible for the maintenance and protection of all required landscaping, in accordance with all of the following regulations:

(1)

Landscaping must be kept reasonably free of visible signs of insects and disease and appropriately irrigated to enable landscaping to exist in a healthy growing condition.

(2)

Landscaping must be mowed or trimmed in a manner and at a frequency appropriate to the use of the material and species on the site so as not to detract from the appearance of the general area. Growth of plant material at maturity must be considered where future conflicts such as view, signage, streetlighting, utilities and circulation might arise.

(3)

All landscaping must be maintained to minimize property damage and public safety hazards, including removal of invasive species, dead or decaying plant material, and removal of low-hanging branches next to sidewalks and walkways obstructing streetlighting.

(4)

Failure to maintain landscaping is a violation of this chapter.

§ 200-122 Alternative compliance.

In order to encourage creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the Code Enforcement Officer is authorized to approve alternative compliance landscape plans when it is determined that one or more of the following conditions are present:

The site has space limitations or an unusual shape that makes strict compliance impossible or impractical;

Conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this article;

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this article.

§ 200-123 Required trees along dedicated streets.

Along both sides of all newly created streets that are constructed in accordance with Chapter 166, Subdivision of Land, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 35 feet from the center line of the street, there is for every 30 feet of street frontage at least an average of one deciduous tree that has, or will have when fully mature, a trunk at least 12 inches in diameter.

Trees, when planted, shall have a caliper of at least 2.5 inches measured at 4.5 feet from ground level, and shall have no branches below six feet. All trees shall be properly staked at time of planting.

§ 200-124 Lighting requirements.

Generally. All lighting, including exterior lights, signs, building lighting, parking lot lighting, streetlights and lighting necessary for the safety and protection of property, shall be directed, controlled and focused within the site's property lines to minimize glare and illumination of neighboring properties, protect the night sky from light pollution, and specifically to direct the light away from adjoining lots or roads. Light quality and intensity shall be controlled and shall not produce glare that reduces the visibility of the surrounding buildings. Light trespass (spillover lighting) onto adjacent properties and glare onto roadways are not permitted. This prohibition applies to all building and site lighting and shall be addressed through appropriate luminaire intensities, mounting heights, landscaping, and fixture shields.

Standards for multifamily, townhouse, commercial and industrial development. All exterior lighting shall comply with the provisions of the Worcester County Design Guidelines and Standards for Commercial Uses pertaining to lighting and with the following:

(1)

An exterior lighting plan showing the site and building light fixtures and lighting levels as measured in watts and lumens shall be prepared and submitted for review and approval in conjunction with the site plan required by § 200-22 hereof.

(2)

Sodium vapor lights are prohibited. All exterior lights shall be metal halide or another type of white lighting.

(3)

All exterior light fixtures, other than fixtures on the building facade, emitting 2,050 lumens or more shall be full-cutoff light fixtures. Such light fixtures are those designed such that no light is projected at or above a ninety-degree plane running through the lowest point of the fixture where the light is emitted and less than 10% of the rated lumens are projected between 90° and 80°.

(4)

The maximum heights for freestanding pole-mounted fixtures shall be 16 feet or less and 35 feet or less above grade for continuously energized and noncontinuously energized lights respectively. If a raised foundation is required in parking areas to protect the poles from automobile front bumpers, the raised foundation and pole may not exceed heights of 18 feet and 37 feet respectively. Any lighting used to illuminate any vehicular travel ways or off-street parking areas, including any commercial parking lot, shall be arranged so as to direct the light away from adjoining lots and public rights-of-way and shall not obstruct vehicular travel ways, parking spaces or pedestrian walkways. Freestanding pole-mounted fixtures may be located within parking spaces, provided that they are positioned at the shared corners formed by the head and side lines of no less than two parking spaces.

(5)

Lighting for canopies shall be restricted to lighting fixtures, including lenses that do not project below the bottom of the canopy.

(6)

High-intensity lighting shall be limited to utility areas and be located away from or screened from public use areas.

(7)

No lighting fixture shall project light at an angle greater than 45° above the horizontal except as specifically approved by the Planning Commission after consideration of the object to be illuminated, the angle, the separation between the fixture and the object, and the strength of the light source.

Nuisance lighting. Decorative or other forms of lighting, while not necessarily illuminating adjoining properties, shall not cause or create patterns, colors, intermittent lighting effects, or other lighting that is intentionally or unintentionally directed onto adjacent or nearby properties and which proves vexatious.

§ 200-125 Sensitive areas protection standards.

Applicability. The following provisions shall apply to all development activities located outside the Chesapeake Bay critical area and requiring site plan or subdivision plat approval.

Perennial and intermittent stream no-disturbance buffer.

(1)

A twenty-five-foot natural buffer from all perennial and intermittent streams shall be required for all development. Permanent or temporary stormwater and/or sediment control devices shall not be permitted in this buffer.

(2)

This buffer requirement may be reduced by the Planning Commission for the following:

(a)

If evidence is provided that the design, construction and use of the site will provide the same or better protection of water quality as the twenty-five-foot buffer, and if evidence is provided that said development will meet all other applicable requirements, as required.

(b)

Road crossings, if disturbance is minimized.

(c)

Other public or community facilities provided disturbance is minimized in so far as possible.

Nontidal wetland buffer. A twenty-five-foot setback from all nontidal wetlands shall be required for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corp of Engineers and the State of Maryland, Department of Natural Resources, Nontidal Wetland Division.

Habitat protection areas.

(1)

Identification. An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable habitat protection areas and follow the standards contained in this section. Habitat protection areas include:

(a)

Threatened or endangered species or species in need of conservation;

(b)

Forest areas utilized as breeding areas by forest interior dwelling birds and other wildlife species;

(c)

Natural heritage areas; and

(d)

Other plant and wildlife habitats determined to be of local significance.

(2)

Standards.

(a)

An applicant for a development activity proposed that is in or near a habitat protection area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the specific location of a habitat protection area on or near a site.

(b)

If the presence of a habitat protection area is confirmed by the Department of Natural Resources, the applicant shall develop a habitat protection plan in coordination with the Department of Natural Resources.

(c)

The applicant shall obtain approval of the habitat protection plan from the Planning Commission or the appropriate designated approving authority. The specific protection and conservation measures included in the plan shall be considered conditions of approval of the project.

Snow Hill City Zoning Code

ARTICLE XII