Taneytown, MD Zoning Ordinance

Single-family detached: 750 square feet of floor area.

Semidetached: 700 square feet of floor area.

Attached: 700 square feet of floor area.

Duplex apartment: 600 square feet of floor area.

(5)

Garden apartment.

Efficiency units, single-room living areas consisting of a kitchen, bathroom and combination living room, dining area and bedroom: 400 square feet of floor area.

One-bedroom unit: 500 square feet of floor area.

Two-bedroom unit: 600 square feet of floor area.

Three-bedroom unit: 700 square feet of floor area.

(6)

Conversion apartment: 600 square feet of floor area. By special exception the Board of Appeals may allow a reduction to not less than 540 square feet of floor area.

R-7,500 District.

Single-family detached: 1,000 square feet of floor area.

Semidetached: 1,000 square feet of floor area.

Garden apartment and retirement home.

Efficiency units, single-room living areas consisting of a kitchen, bathroom and combination living room, dining area and bedroom: 400 square feet of floor area.

One-bedroom unit: 500 square feet of floor area.

Two-bedroom unit: 600 square feet of floor area.

Three-bedroom unit: 700 square feet of floor area.

Conversion apartment: 600 square feet of floor area. By special exception the Board of Appeals may allow a reduction to not less than 540 square feet of floor area.

R-10,000 District. Single-family detached: 1,200 square feet of floor area.

R-20,000 District. Single-family detached: 1,600 square feet of floor area.

[Added 8-9-1999 by Ord. No. 8-99]

R-40,000 District. Single-family detached: 1,800 square feet of floor area.

[Added 8-9-1999 by Ord. No. 8-99]

§ 205-33 Off-street parking and loading areas; driveways.

[Amended 11-10-1986 by Ord. No. 10-86; 8-9-1999 by Ord. No. 8-99]

All off-street parking and loading areas and driveways shall be so graded, drained, paved and surfaced with bituminous material or other material determined by the City to be of comparable quality and of a hard service construction and shall be designed to prevent damage to abutting properties or public streets. All driveway aprons shall be constructed of concrete.

§ 205-34 Junkyards.

[Added 3-9-1987 by Ord. No. 2-87; amended 9-14-1987 by Ord. No. 11-87]

Definition. A "junkyard" is defined as any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled or abandoned, including the salvaging, storing and wrecking of automobiles and other vehicles, machinery or parts thereof, house wrecking yards, used lumber yards and places for storage of salvaged building or structural steel materials and equipment.

Vehicles.

Any property zoned R-6,000, R-7,500, R-10,000, R-20,000 and R-40,000 which is occupied by an unlicensed vehicle shall constitute a junkyard unless the vehicle is stored within a building.

[Amended 8-9-1999 by Ord. No. 8-99]

Any property zoned Local Business, General Business or Restricted Industrial which is occupied by an unlicensed vehicle shall constitute a junkyard unless the vehicle is stored within a building or within 50 feet of a dwelling on the property and falls into one of the following categories:

Genuine antique or classic vehicles (but not to be used for parts) which are actively being restored.

Vehicles which must be held pending settlement of insurance and similar claims.

No more than two stock cars which are in current use for racing.

A vehicle recently purchased, pending inspection, for a period not to exceed 60 days.

A vehicle being advertised for sale, for a period not exceeding 60 consecutive days.

A vehicle, in running condition, which must be relicensed within 60 days.

Location. Junkyards, as herein defined, shall not be permitted within the corporate limits of the City. None of the provisions of this chapter relative to nonconforming uses shall in any manner be construed to allow what in this section is set forth as unlawful to be otherwise lawful.

§ 205-35 Employment activities.

[Amended 5-9-1988 by Ord. No. 8-88; 1-9-1990 by Ord. No. 13-89; 2-8-1999 by Ord. No. 4-99; 8-9-1999 by Ord. No. 8-99]

Unless permitted to be authorized by special exception pursuant to the terms and provisions of the various sections of this Code, and unless such special exception has been granted, no dwelling unit situate in any of the residential zones of the City of Taneytown may be used for any employment-related activities, whether by an individual who is self-employed, an independent contractor or an employee, or in any other manner related to business- or employment-related activities which may be done, carried on or effectuated in any such dwelling unit or in any outbuilding or accessory building, including but not limited to the maintenance of an office, the storage of an inventory or supplies used in a trade or business, meeting with customers or employees or the parking of commercial vehicles or equipment, whether or not there is painted thereon any sign or other indication of commercial use. This section shall not prohibit the receipt of telephone calls by an individual at his or her home which may be business related or the parking of one and only one commercial vehicle with a combined gross weight not to exceed 10,000 pounds on which there may be painted any commercial sign or other indication of commercial use.

§ 205-35.1 Community village.

[Added 9-13-1999 by Ord. No. 7-99]

Purpose and intent. It is the purpose of this section to enable the Planning Commission to consider the approval of a proposed community village on a tract of land after the Mayor and Council has designated it as suitable for such development. It is the further purpose of this section to encourage the integrated and creative design of a variety of land uses and housing types; to maximize and plan for open space and preserve natural features; to minimize street and utility installation where possible while providing adequately for the needs of the community; and to allow land to be developed with concentrated land uses on the basis of overall density as opposed to conventional minimum lot and yard requirements with strict separation of land uses and housing types.

Applications. An application for a community village shall be accompanied by such plans and documents as may hereinafter be required and shall be prepared by licensed registered architects, landscape architects, civil engineers or other professionally qualified land planners. Such plans and other documents to be submitted shall be subject to compliance with such procedural steps and guidelines as the City may promulgate from time to time for the purpose of processing applications and facilitating approval.

Intended designation for community village. The Mayor and Council may consider and approve an application to designate a tract of land in the R-7,500, R-10,000 and R-20,000 Districts as suitable for a community village use, subject to the following:

General. No land shall be designated for community village use unless it meets the basic requirements and standards established herein and such other criteria as the Mayor and Council may in its sole discretion determine necessary to carry out the purpose and intent of this section.

Area. The tract under consideration for the community village designation shall contain at least 10 contiguous acres owned under unity of title as a single tract reasonably configured and capable of being able to accommodate the proposed use.

Location. An initial evaluation of the tract proposed for the community village in relation to:

Its immediate surroundings, whether developed or undeveloped;

The existing street network;

Any elements of the adopted Comprehensive Plan for Taneytown and environs;

Any public works, utility or community facility considerations (including but not limited to existing and planned water and sewerage facilities and capabilities, street and stormwater management improvements and school capacities); and

Any sensitive environmental resource areas on site.

Concept plan.

A concept plan submitted for review and presentation shall be to scale and in color clearly showing the following:

Owner's name and address.

Scale and North arrow.

Dimensions of the tract and the acreage within.

Location and name of existing streets traversing or adjoining.

[5]

Location of any existing easements.

[6]

Areas proposed for screening, afforestation and reforestation.

[7]

Location of special site amenities and environmental resources (e.g., streams, springs, wetlands, forest cover or woodlands).

[8]

Location of proposed common and civic open space focal points.

[9]

Proposed streets, alleys and other access arrangements.

[10]

Proposed building sites and building sizes with type of dwellings and other structures, including garages, and a clear representation of the architecture and building integration proposed.

[11]

Proposed design standards and how the integrity of design standards will be maintained during all construction phases of the project for:

Buildings, including arrangements for handling storage needs in lieu of individual sheds or similar outbuildings, which will be prohibited; and

Fencing, as part of a uniform fencing plan.

[12]

Such additional information as the Zoning Administrator may require at the pre-concept plan conference.

Developing the required concept plan. An applicant for the community village designation shall first:

Prepare a site analysis map which distinguishes the undevelopable areas and the buildable areas that merit conservation (e.g., woodlands, hedgerows, greenways, scenic views, etc.);

Submit the site analysis map to the Zoning Administrator and arrange a joint field visit to walk the site and receive any suggestions from City representatives concerning areas that should be conserved and amend or adjust the site analysis map accordingly;

Prepare an overlay or tracing which clearly delineates areas for conservation and the areas for development; and

Develop the concept plan using the overlay to guide the location of the dwelling sites or other development, seeking to maximize (not block) the best views and locations, and thereafter align streets, alleys, trails, etc., and draw in lot lines (where applicable) and add other items required to be shown as part of the concept plan.

(5)

Density.

Determination. To determine the total number of dwelling units allowable, the gross area within the tract shall be multiplied by the applicable units-per-acre multiplier in the table below. If the site is located in more than one district, the total number of lots and dwelling units will be the sum of units allowed for all of the districts within the community village.

As part of the concept plan review, the Planning Commission will consider the gross residential density proposed in relation to the following:

The allowable density (total number of dwelling units) generated by the units-per-acre multiplier for the tract within the district(s);

Essential or high-priority on-site and/or off-site municipal, county or state public works and facilities;

[c]

Capital improvements necessary to accommodate the proposed development as well as implement the Comprehensive Plan for Taneytown and environs; and

[d]

The type and mix of dwellings and other uses proposed for the particular site in relation to the neighborhood.

After evaluating the concept plan in relation to the above criteria, the Planning Commission may approve a gross density limit for the particular site that is within the limits of the applicable number of units per acre for the particular zoning district as set forth in the table below.

Conditional density adjustment. Where the Planning Commission determines that the nature of the amenities, improvements, reservations or facilities contained in the concept plan will be of such added benefit to the City of Taneytown, the Commission may conditionally raise the gross density limit not to exceed the conditional maximum multiplier for the zoning district(s) as indicated in the table below on tracts of land containing 20 acres or more. Any concept plan so approved by the Commission shall be expressly conditioned on the developer's being financially responsible for the specified improvements that shall be required and/or provided and deemed beneficial not only to the project but to the general public welfare of the City of Taneytown. For tracts of land of at least 10 acres but less than 20 acres, no increase above the units-per-acre multiplier shall be considered, unless the applicant submits a bona fide preliminary subdivision plan containing conventional minimum lot sizes for the district and demonstrating a greater lot yield than generated by the units-per-acre multiplier for the district(s).

Density Standard Table^*
District	Units Per Acre Multiplier	Conditional Maximum
R-7,500	4.2	5.5
R-10,000	2.8	4.0
R-20,000	1.4	2.5

NOTES:

^*The Density Standard Table does not apply to community villages composed entirely of retirement dwellings, assisted living or nursing home units, either individually or in combination. The Planning Commission may approve such density as it considers acceptable and compatible with both the neighborhood and the district in which it is located.

(6)

Types and use of buildings. Except as may be otherwise prohibited, dwellings and nonresidential buildings, uses and structures in a community village may include:

Single-family detached.

Semidetached.

Attached multifamily: quadruplex, townhouse, condominium and apartment.

Retirement dwellings.

Assisted living, alternate living units and nursing or domiciliary care homes.

Nonresidential buildings and uses permitted in a community village and such other nonresidential buildings and uses as permitted in the district.

Customary subordinate accessory uses, buildings and structures.

(h)

Customary and incidental home occupations as defined under § 205-1B, Definitions, and as regulated in the district.

(7)

Uses.

[Amended 1-12-2009 by Ord. No. 11-2008; 7-10-2023 by Ord. No. 05-2023]

Prohibited uses, buildings and structures: aboveground swimming pools, individual storage sheds and other similar outbuildings.

Selecting and/or mixing uses.

A community village may be a mix of all or some of the above-listed residential uses or be designed exclusively for any one of the following types of residential uses:

Single-family detached.

Retirement dwellings.

[c]

Assisted living units.

[d]

Alternate living units.

[e]

Nursing or domiciliary care home(s).

In no case shall a community village be designed exclusively or in combinations limited to the following residential types:

Semidetached.

Attached single-family (townhouse).

[c]

Attached multifamily: quadruplex, condominium and apartment.

Mix limits where attached multifamily or townhouse units are included. Not including retirement dwellings, assisted living or nursing home units, where attached multifamily structures are to be part of the mix, the sum of the number of dwelling units in attached multifamily structures within parcels of 150 acres or less shall not constitute more than 50% of all dwelling units in the community village. For properties larger than 150 acres, where attached multifamily structures or townhouse are to be part of the mix, the sum of the number of dwelling units in attached multifamily structures shall not constitute more than 40% of all buildable land area in the community village.

[Amended 8-14-2023 by Ord. No. 05-2023 A]

Community village lot and building requirements. Lot area per dwelling unit, lot width and depth, yards and build-to lines, maximum building coverage, building height, dwelling units per building and other standards shall be applicable in the community village, as indicated in the table below.[1] At the request of a developer, these standards may be modified with the approval of the Planning Commission upon the developer's demonstration that the proposed modifications are consistent with the provisions of § 205-35.1A herein.

Editor's Note: The Table of Community Village Area, Yard and Bulk Requirements is included as an attachment to this chapter.

Commission approval. All uses within a proposed community village are subject to Planning Commission approval as to location, intensity, mix, density requirements, where applicable, compensating features of the development plan, compatibility with adjacent neighborhoods, phasing and such other factors as the Commission determines appropriate. In reviewing a development plan, the Commission shall ensure that uses in the community village are so arranged, distributed and appropriately related to open space and not excessively concentrated.

Phasing plan. A phasing plan for a community village shall accompany the required concept plan and shall indicate the location and sequence of proposed sections and any housing mix proposed to be constructed therein. The phasing plan shall be subject to review and approval by the Commission and presented to the Mayor and Council for its approval along with the concept plan.

Initial phasing and mix. Where attached multifamily units and/or semidetached units are to be included in the community village, the initial phase or sections of the phasing plan to be submitted shall include construction of each type of residential unit in order to establish at the outset the mix that will occur in the community village as additional phases are constructed; provided, however, that the Planning Commission may modify this requirement if it can be clearly demonstrated that, owing to strategic site or design constraints, location and the extension of infrastructure and the integrity of the community village plan, such modification is warranted and can be made without compromising the purpose and intent of establishing the housing mix in the early development phases.

(h)

Community village construction sign. As part of any approved phasing plan, an outdoor (all-weather) sign containing a current schematic rendering of the community village development plan in color and appropriately sized shall be posted and maintained on the property near the entrance to the property or in a conspicuous and appropriate location so that an interested person could obtain a visual overview of the housing types, locations and elevations of buildings and other important features to be constructed in the community village.

(8)

Open space and parkland.

[Amended 7-10-2023 by Ord. No. 05-2023]

Permanent open space required. Where alleys are provided throughout the community, not less than 25% of the gross land area of the community village shall be allocated to and shall remain in permanent open space, provided that this minimum shall in no way limit the ability to require a greater percentage of the gross land area to remain in permanent open space in the approval of a community village. The required open space shall be exclusive of any reservations required by the Official Comprehensive Plan (e.g., public school sites, primary and secondary highways, regional stormwater management facilities or public utility structures and the like). Where alleys are provided only for attached dwellings, not less than 35% of the gross land area shall remain in permanent open space.

Open space restriction and design. Permanent open space which is not to be dedicated as public open space shall be referenced in the applicable resolution covenants to prohibit subdivision, except for the purpose of minor boundary adjustments, and development, except for agricultural, recreational, golf course and equestrian uses subject to Planning Commission approval. Such private common open space shall be used for recreational, social, cultural or natural environmental preservation purposes as may be determined only after careful evaluation and design in consideration of the topography, the needs of the inhabitants of the community village, the type(s) of housing to be provided and the relationship to adjoining properties and uses. The provision of permanent internal and peripheral open space shall be a critical element in granting approval of a community village subject to compliance with such procedural steps and guidance as the City may herewith or hereinafter promulgate for the purpose of facilitating such approval. Peripheral open space may be provided along the perimeter of the tract lines and generally surround development in the community village. The depth of the peripheral open space may vary and is considered a design feature that shall be subject to approval of the Planning Commission.

Determining public and/or private open space. Depending on the type(s) of residential housing in the community village and its location within the City, the Mayor and Council, with recommendations from the Planning Commission, shall determine what areas of the permanent open space, if any, will be dedicated to the City as public parkland and what areas shall be private parkland with maintenance responsibility to be used in common by the residents of the community village. The Planning Commission shall carefully review and consider all area set aside for permanent open space in approving and recommending any area(s) to be dedicated to the Mayor and Council as public open space and to be included in the City park system. Area devoted to (external) streets and reservations, alleys, stormwater management ponds, utility areas or private yards shall not be counted towards meeting public or private open space requirements.

Property owners' association. Perpetual maintenance of common open space or other common use facilities or property shall be the responsibility of a duly constituted property owners' association as provided under § 205-35.2.

Public parkland standard/requirements.

Tract size. There shall be no minimum or maximum, and the Planning Commission and Mayor and Council will determine the size of any dedications on a case-by-case basis.

Floodplain limitation for dedicated parkland. No more than 25% of the area required to be dedicated to the City shall be within floodplains or wetland areas, unless this limitation is recommended to be waived by the Planning Commission and approved by the Mayor and Council.

Suitability of proposed park dedication. The Planning Commission shall review and consider any proposed park dedication for its suitability for active public recreation as a priority of the City. Accessibility for use and maintenance, topography, shape, size, relationship to surrounding properties (especially any adjacent park areas), elements of the Comprehensive Plan and other applicable factors shall be considered. Following its review, the Commission may concur with, amend or otherwise modify or reject the proposed public open space before recommending to the Mayor and Council the area(s) for public open space dedication. In the alternative, the Commission may recommend to the Mayor and Council that all required permanent open space be private open space with use in common.

Areas in forest or proposed afforestation. Areas in an established or natural forest may be found by the Planning Commission to be suitable to be dedicated public parkland and so recommended to the Mayor and Council for its approval. Afforestation and reforestation as may be required by the County Forest Conservation Ordinance, as amended, and detailed on a forest conservation plan may be considered for inclusion in proposed dedicated public parkland, subject to the recommendation of the Planning Commission and approval of the Mayor and Council, provided that such adequate guaranties are furnished as the City may require for continued maintenance of afforested or reforested areas until such areas are fully established.

[5]

Acceptance of dedicated land. Before any proposed land dedication shall be accepted by the City, the site shall be free of weeds, debris, hazardous waste and any other material determined by the City to be undesirable. The City may require, at the expense of the owner, grading and surface stabilization or other acceptable land treatment measures as it determines appropriate for the property and set forth such terms as it may require within a public works agreement, which shall be guaranteed by a letter of credit or other surety prior to acceptance of the property by the City. No building permit/zoning certificate shall be approved by the City for the community village development until the payment of a fee or satisfactory guaranty by the owner of the site improvements required by this section is accepted by the Mayor and Council.

(9)

Landscaping; the community village landscaping plan. Landscaping is a distinguishing feature of the community village in Taneytown. A landscaping plan shall be prepared by a registered landscape architect and submitted for review and approval of the Commission as part of the site development plan. At a minimum the landscaping plan shall detail:

[Amended 7-10-2023 by Ord. No. 05-2023]

Type, location and caliper of proposed large- and medium-sized street trees.

Type, location and caliper of shade trees, evergreen trees and flowering trees for open spaces.

A suggested plant list for:

Deciduous shrubs six feet or less.

Deciduous shrubs six feet or more.

Low evergreen shrubs.

Midsize and large evergreen shrubs.

[5]

Ornamental trees.

A recommendation for the number of deciduous, evergreen and ornamental plantings on each lot, as applicable.

Stone, brick, masonry or other type walls, patios and the like and their locations.

Screening (where necessary or appropriate) with landscaping, walls, fencing, earth berms or by other means.

Fencing and fence structures. Specifications and restrictions on fencing and fence structures that may be erected on individual lots or common areas shall be detailed as to construction type, location, height or other detail as part of a uniform fencing plan for the community village, and the approved plan, or any subsequent amendments thereto, shall be made a part of and referenced in the private covenants and restrictions.

(10)

Parking, driveways, garages and storage.

[Amended 7-10-2023 by Ord. No. 05-2023]

Layout and design objectives. Locating required parking spaces for motor vehicles shall be considered a very important element in the review of a community village development plan. Since allowable densities in community villages are inherently more concentrated than in conventional development, greater attention must be placed on the location of and arrangements for the functional necessity of parking motor vehicles. The dwelling unit and the surrounding open space are foremost and are the primary assets in a community village. Convenient parking is needed for each attached residential unit; however, it is of great importance that the required number of parking spaces be carefully located and distributed so as not to overwhelm or inundate the attached residential dwellings. To do otherwise would be detrimental to the community by adversely affecting the value of the dwellings and the appearance of the community village. The City will expect professionals engaged in land planning a community village in Taneytown to meet this objective in designing and locating required parking as part of the development plan.

Off-street parking shall be provided in the community village according to the minimum requirements as set forth in § 205-36 et seq., unless specified to the contrary below:

Dwelling Type	On-Site Parking Spaces Required¹	Off-Site Parking Spaces Required¹
Single-family detached
On lots 10,000 square feet or greater	3	0
On lots less than 10,000 square feet	2	1
Semidetached (each unit)	2	1
Multifamily
Quadruplex (each unit)	2	1
Townhouse (each unit)	2	.5
Condominium (each unit)	3	0
Apartment (each unit)	3	0
Retirement dwellings (each unit)	2
Assisted living (each unit)	5 plus one for each employee on largest shift
Alternative living unit (ALU)²	3
Nursing/domiciliary care	1 for every 3 beds, plus 1 for each employee on largest shift

NOTES:
¹	Required off-lot parking spaces shall be arranged and assigned in common parking areas located in proximity to the dwelling units to be served. Off-site spaces shall be required only when on-site parking is less than the prescribed total number of parking spaces per unit.
²	(State preemptive)

Off-street parking for commercial or nonresidential uses in the community village shall be sufficient to provide for employees as well as for customers. Employee parking spaces shall be marked and signed as such, as shall handicapped parking spaces. Such off-street parking lots shall be prohibited in any front yard setback area and shall be located to the rear of buildings on the interior lots, accessed by means of common driveways, preferably from side streets or alleys and, where applicable, interconnected with commercial lots on adjacent properties. Cross-access easements for interconnecting parking lots shall be required in language acceptable to the City.

Off-street parking for all attached dwelling units. Unless specifically modified by the Commission in conjunction with driveways as set forth below, off-street parking for attached dwelling units in the community village shall be prohibited in front yard setback areas.

Driveways. Except as hereinafter provided, driveways shall be prohibited in any front yard setback area of a townhouse or other attached dwelling, condominium or apartment building, and any driveway access shall be provided from use-in-common alleys or lanes only and not streets. The Commission may modify this requirement in specific instances and permit a driveway in the front yard where practical difficulty can be clearly demonstrated and/or where adherence to the requirement for any lot(s) in question has the effect of preempting other desired design considerations determined by the Commission to be of equal or greater importance to the specific lot(s) in question and/or to the plan as a whole.

Attached garages. Where the Commission permits a driveway in the front yard as provided above and an attached garage is to be accessed from the front, the front of the garage facing the street shall either be set back further than the front wall of the dwelling or, in the alternative, set forward of the front wall of the dwelling. If the attached garage is set forward of the front wall of the dwelling, the front face of the garage shall be set at the minimum build-to line so as to ensure parking of motor vehicles in the garage by limiting the distance between the front lot line and the face of the garage, unless specifically modified otherwise by the Commission.

Detached garages. Detached garages shall be located in rear yards and shall be set back a minimum of five feet from alley or lane right-of-way lines and five feet from side and/or rear property lines, except in the case of a shared drive on two adjacent lots, in which case the garages may be joined.

(h)

Off-street parking for condominiums and apartments shall be provided in off-street parking spaces with access to a rear alley or use-in-common driveway, in garages having access to a rear alley or use-in-common drive or in a common off-street parking lot(s) under the building or in proximity to the building.

§ 205-35.2 Property owners' associations.

[Added 9-13-1999 by Ord. No. 7-99]

Purpose. Where permanent common open space or other common use facilities (e.g., alleys, sidewalks, utilities, etc.) are planned and/or required, provision for the perpetual maintenance of common property and facilities shall be the responsibility of a duly constituted property owners' association, the purpose of which is to enhance and protect the property values of owners and protect the general public from assuming any maintenance responsibility for private common property and facilities.

Document review required. Before any plan or plat containing common property and facilities is approved for recording, the Planning Commission shall review and approve the proposed articles of incorporation, association bylaws, covenants and restrictions and any other documents which in any manner related to the property owners' association. Following Planning Commission review, the documents shall be referred to the Mayor and Council for its review and approval prior to the recordation of the same in the land records of Carroll County.

Minimum provisions. At a minimum, property owners' association documents shall include provisions requiring the following:

Membership shall be mandatory for all property owners, and all assessments shall constitute a lien on each lot from and after the date assessed.

Nonpayment of any annual, special or other assessment for a property. A procedure shall be established to allow the collection by the association of unpaid assessments, including late fees and appropriate interest.

Common areas and other use in common facilities shall be assured of preservation and maintenance. In the event that the association fails to carry out its responsibilities and financial obligations and it becomes necessary for the City to take appropriate action, such action by the City may include the imposition of a special assessment taxing district; provision for liens for any failure of property owners to pay such special taxes; entering on the common open space property for the purpose of maintaining the same; contracting of services by the City to perform appropriate and necessary maintenance and upkeep of common property and facilities; and ensuring that such costs, including any City administrative costs, are not at the expense of the general public.

Maintenance by the City shall not constitute a taking of said private common open space or facilities nor vest in the public any rights to use the same. At such time as the Mayor and Council determine that the property owners' association is ready and able to adequately maintain the private common open space or other applicable common facilities, the Mayor and Council shall cease to maintain the same and cease the collection of any special tax for that particular purpose.

(5)

Whenever intervention by the Mayor and Council becomes necessary, it shall provide reasonable notice to the property owners' association and to the residents having an interest in the common open space or other common facilities in question of the date and time of any hearings to be held for the purpose of ensuring enforcement of the covenants and the perpetual maintenance of the same.

(6)

The association's board of directors shall be required to prepare an annual operating budget.

The budget shall be based on estimated expenses for the operation of the association or, if available, actual expenses for the previous budget adjusted for inflation and any surplus based on a professional registered engineer's report on the operations, maintenance and replacement plan.

The budget shall include an allowance for a contingency fund equal to at least 10% of estimated or actual expenses.

The board of directors shall be required to set an annual assessment for each property owner in an amount sufficient to satisfy the approved budget requirements.

It shall be required that the budget proposed by the board of directors be reviewed for adequacy by an independent certified public accountant prior to approval; that a copy of the accountant's annual report contain an unqualified audited statement; and that a copy of this annual report be filed with the City Manager.

(7)

A capital asset replacement fund shall be created by the developer and maintained and continued by the association with annual appropriations required of the property owners to the fund from the date of transfer of common properties and facilities and their expected useful life. Such fund shall not be used to finance operating and maintenance costs.

(8)

The documents shall provide for mandatory special assessments to meet unforeseen or special expenditures as well as any budget deficit.

(9)

The name and address of the office of the association shall be provided to the City at all times.

Plat required. All areas to be owned by the association shall be shown and/or detailed on a record plat for the development. In addition to any other requirements for record plats, the plat shall contain the recording references for the property owners' association documents. All deeds subsequently drawn for individual lots within the development shall reference therein the recording reference of the record plat, the recording reference(s) of the property owners' association documents and any subsequent recorded amendments thereto.

Forest Conservation Ordinance protective agreements. Any property owners' association which will own or maintain areas shown on an approved forest conservation plan for forest retention, afforestation or reforestation shall provide to the City evidence that a legally binding protective agreement is in existence providing for protection of land forested, afforested or reforrested and which places limitations on the use of forest to those consistent with forest conservation.

§ 205-35.3 Cannabis Dispensary Overlay Zone.

[Added 4-11-2016 by Ord. No. 21-2016]

Purpose.

The purpose of the Cannabis Dispensary Overlay District is to implement the provisions of Maryland law with respect to the location of a cannabis dispensary within the City, in order to ensure that such uses are located in zones and subject to conditions that serve the public interests by minimizing the potential for adverse impacts on adjacent properties and neighborhoods.

This section imposes requirements on cannabis dispensaries in addition to those imposed by this chapter upon other uses in the underlying zone upon which the Cannabis Dispensary Overlay Zone is imposed.

The overlay district is designed to achieve the following goals:

To promote development in the district.

To protect the health, safety and welfare of the citizens of Taneytown.

To promote compliance with state law in regard to dispensing cannabis.

Overlay district designated. The Cannabis Dispensary Overlay District shall apply to all properties located within the district as designated on the City of Taneytown Zoning Map as "Industrial" and that meet the criteria contained in this section.

Relationship to underlying zone.

Facilities for dispensing cannabis may only be permitted on property located in the Cannabis Dispensary Overlay District upon the successful application and adoption by the Mayor and City Council of an ordinance designating a Cannabis Dispensary Overlay District for the subject property.

Such a designation is only related to the principal permitted use on the property and shall be considered a special exception pursuant to and subject to the provisions of the Code of the City of Taneytown, requiring Board of Appeals approval.

Such a designation shall expire one year after it is granted unless a site plan is submitted pursuant to the requirements of the Code of the City of Taneytown.

All other requirements of underlying zoning districts remain applicable to the subject property.

Procedure for designation.

An owner of property located in an area eligible to be designated as a Cannabis Dispensary Overlay District may make application for the subject property to the Mayor and City Council.

An application for a Cannabis Dispensary Overlay District must be accompanied by a site plan and other such plans and documents as may hereinafter be required, subject to procedural steps and guidelines as the City may promulgate from time to time for the purpose of processing applications and facilitating approval.

An application for a cannabis dispensary must include written and graphic documentation showing the proposed facility will meet state standards, including but not limited to secure premises, secure room, secure entry, security lighting, security alarm systems, and video surveillance, as detailed in the Annotated Code of Maryland, Health-General Article, Title 13, Subtitle 33, and the Code of Maryland Regulations (COMAR) 10.62.27. Further, an application must contain all other required submittals, licenses and approvals required by Maryland law.

Compatibility with adjacent uses.

Any building or portion of a building that is subject to compliance with this section shall be located at least 500 feet from any other lot or parcel of land which has a residential use, residential zoning classification, school use or park use.

In addition to all other standards and criteria, when considering an application for the designation of a Cannabis Dispensary Overlay District, the Mayor and City Council shall consider the adequacy of streets and highways, the availability of public water and wastewater systems, and the adequacy of all other public facilities and public services that would be needed to serve the proposed use.

Requirements after designation.

If a designation of Cannabis Dispensary Overlay Zone is granted by the Mayor and City Council pursuant to the provisions of this section, the applicant must then obtain approval for the special exception use, subject to the provisions of the Code of the City of Taneytown, by the Board of Appeals, and subject to any conditions which may be established by the Board during the special exception process.

If such special exception use is granted, the applicant must then submit a site plan, consistent with the approvals granted by the Mayor and City Council and the Board of Appeals, to the City of Taneytown Planning and Zoning Commission for approval pursuant to the provisions of the Code of the City of Taneytown.

§ 205-35.4 Adult entertainment activity overlay district.

[Added 7-8-2019 by Ord. No. 7-2019]

Purpose.

The purpose of the Adult Entertainment Activity Overlay District is to ensure that such uses are located in zones and subject to conditions that serve the public interests by minimizing the potential for adverse impacts on adjacent properties and neighborhoods.

This section imposes requirements on adult entertainment activity in addition to those imposed by this chapter upon other uses in the underlying zone.

The overlay district is designed to achieve the following goals:

To promote development in the district.

To ensure compliance with established law regarding the location of such activities.

Overlay district designated. The Adult Entertainment Activity Overlay District shall apply to all properties located within the district as designated on the City of Taneytown Zoning Map as "Restricted Industrial," and that meet the criteria contained in this section.

Relationship to underlying zone.

Adult entertainment activity may only be permitted on property located in the Adult Entertainment Activity Overlay District upon the successful application and adoption by the Mayor and City Council of an ordinance designating an Adult Entertainment Activity Overlay District for the subject property.

Such a designation shall expire one year after it is granted unless a site plan is submitted pursuant to the requirements of the Code of the City of Taneytown.

All other requirements of underlying zoning districts remain applicable to the subject property.

Procedure for designation.

An owner of property located in an area eligible to be designated as an Adult Entertainment Activity Overlay District may make application for the subject property to the Mayor and City Council.

An application for an Adult Entertainment Activity Overlay District must be accompanied by a site plan and other such plans and documents as may hereinafter be required, subject to procedural steps and guidelines as the City may promulgate from time to time for the purpose of processing applications and facilitation approval.

An application for an adult entertainment activity must include written and graphic documentation showing the proposed facility will meet state standards and contain all other required submittals, licenses and approvals required by Maryland law. The application must also show a depiction of any sign which will be used at the proposed location and such sign shall be prohibited from containing any nudity or vulgarity.

Compatibility with adjacent uses.

In addition to all other standards and criteria, when considering an application for the designation of an Adult Entertainment Overlay District, the Mayor and City Council shall consider the adequacy of streets and highways; the availability of public water and wastewater systems; and the adequacy of all other public facilities and public services that would be needed to serve the proposed use.

Requirements after designation.

If a designation of an Adult Entertainment Overlay District is granted by the Mayor and City Council pursuant to the provisions of this section, the applicant must then obtain approval for the special exception use, subject to the provisions of the Code of the City of Taneytown, by the Board of Appeals, and subject to any conditions which may be established by the Board during the special exception process.