Chapter 170

ZONING

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 12-30-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission -- See Ch. 25.

Building construction -- See Ch. 57.

Floodplain management -- See Ch. 81.

Grading and sediment control -- See Ch. 88.

Historic area zoning -- See Ch. 93.

Property maintenance -- See Ch. 135.

Stormwater management -- See Ch. 142.

Streets and sidewalks -- See Ch. 145.

Subdivision of land -- See Ch. 148.

Water and sewers -- See Ch. 164.

ARTICLE I

General Provisions

~ 170-1. Title.

This chapter shall be known as the "Zoning Ordinance for Chestertown, Maryland."

~ 170-2. Applicability.

This chapter shall apply to the incorporated territory of Chestertown, Maryland. It is the intent of this chapter that the extent of its applicability be automatically changed in accordance with the provisions hereof or provisions of state law which may affect the applicability of this chapter.

~ 170-3. Purpose.

The zoning regulations and districts as herein established have been made in accordance with a Comprehensive Plan to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of the citizens of Chestertown, Maryland, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the appropriate use and occupancy of buildings, for healthful and convenient distribution of the population, for protection against destruction of or encroachment upon historic areas, for good civic design and arrangement, including the preservation and enhancement of the attractiveness of the community, and for adequate public utilities and public services and facilities by regulating and limiting or determining the height and bulk of buildings and structures, the area of yards and other open spaces and the density of use. These have been made with a reasonable consideration of, among other things, the existing use of property, the character of the district and its peculiar suitability for particular uses and trends of growth or change and with a view toward conserving the value of land and buildings and encouraging the most appropriate use of land throughout the incorporated territory of Chestertown, Maryland.

~ 170-4. Compliance required.

No building or land shall hereafter be used and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless it is in conformity with the regulations as set forth in this chapter.

~ 170-5. Location of buildings on lots of record required; number of buildings per lot.

Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record, and in no case shall there be more than one (1) main building on one (1) lot, unless otherwise provided for in this chapter.

~ 170-6. Encroachment of required yards or open space; reduction of lot area.

The minimum yards, height limits, parking spaces and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimension be reduced below the requirements of these regulations.

~ 170-7. Time limits established for construction and usage of accessory buildings.

No accessory building shall be constructed upon a lot more than six (6) months prior to the beginning of construction of the main building. No accessory building shall be used for more than six (6) months unless the main building on the lot is also being used or unless the main building is under construction.

~ 170-8. Uses not permitted prohibited.

For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

~ 170-9. District regulation tables considered part of regulations.

Height, area and bulk regulations applicable to each district are contained in a chart or table at the end of the chapter. The table and all of the notations and requirements which are shown in it or which accompany it shall be a part of these regulations and have the same force and effect as if all of the notions and requirements were fully set forth or described herein. In general, the regulations applicable to a particular district are contained in the table to the right of the district name and between the same sets of horizontal lines which include the district name. Regulations which apply to more than one (1) district are indicated by an extension across horizontal lines. The regulations contained in the table are supplemented or modified by regulations contained in other Articles of these regulations.

~ 170-10. Copies of pertinent supplementary tables, charts or schedules to be kept on file.

Whenever reference is made in this chapter to any other ordinance, chart, table, schedule or regulation which itself is not copies herein, a copy of such ordinance, chart, table, schedule or regulation shall be kept on file in the office of the Administrator and available for inspection and reference.

~ 170-11. Compliance with grading and sediment control provisions required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of Chapter 88, Grading and Sediment Control, of the Town of Chestertown.

~ 170-12. Termination of certain nonconforming uses.

Certain nonconforming uses shall be terminated as provided in Article IX of this chapter.

~ 170-13. Compliance with historic area zoning regulations required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of Chapter 93, Historic Area Zoning, of the Code of the Town of Chestertown.

ARTICLE II

Administrative Provisions; Enforcement

~ 170-14. Changes and amendments generally.

A. Initiation of change. The Mayor and Council may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the Mayor and Council or by motion of the Planning Commission or by petition of any property owner addressed to the Mayor and Council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Planning Commission.

B. Report from Planning Commission. Before taking any action on any proposed amendment, supplement or change, the Mayor and Council shall submit the same to the Planning Commission for its recommendations and report. Failure of the Commission to report within sixty (60) days after the first meeting of the Planning Commission subsequent to the proposal being referred to the Planning Commission shall be deemed as approval thereof.

C. Notice and hearings.

(1) The Planning Commission may hold a public hearing on any proposed amendment, supplement or change before submitting its report to the Mayor and Council. If a public hearing is held by the Planning Commission, notice shall be given at least fifteen (15) days prior to the hearing by publishing the time, place and nature of the hearing in a newspaper having general circulation in the town. In addition, the Commission shall cause the date, time, place and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the Commission. The published and posted notices shall contain reference to the place or places within the town where the plans, ordinances or amendments may be examined.

(2) Before approving any proposed change or amendment, the Mayor and Council shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above.

D. Time limitation for reconsideration. Whenever a petition requesting an amendment, supplement or change has been denied by the Mayor and Council, such petition or one substantially similar shall not be reconsidered sooner than one (1) year after the previous denial.

~ 170-15. Site plan review required for certain uses. (amended October 6, 2004 - Ordinance 7-03)

A. For the purpose of assuring a good arrangement and appearance and ensuring harmony with the Comprehensive Plan, site plans for the following major uses, which are not conditional uses or otherwise subject to separate procedures, shall be subject to.review by the Planning

Commission:

(1) Multiple-family dwellings.

(2) Townhouses.

(3) Hotels, motels and motor lodges.

(4) Any business, commercial, institutional or industrial buildings.

(5) Parking lots as accessories to any of the above.

(6) Redevelopment of any of the above, meaning any of the followings: 1) changes to the structure or site valued at 50% or more of the property's assessed value, 2) renewed use after nonuse lasting 12 months or longer, 3) use change (meaning, for example, from tavern to recreation center, or restaurant to office building, or feed mill to convenience store).

B. Three (3) copies of a preliminary site plan for the above uses shall be submitted to the Administrator, who shall review the plans for compliance with these regulations and the requirements for preliminary site plans, and he shall transmit said plans to the Planning Commission, with his comments, for review at the next regular meeting of the Planning Commission if the plans are submitted ten (10) calendar days prior to said meeting.

C. The Planning Commission shall examine the proposed development with respect to:

1) Currently adopted design standards.

2) Traffic and circulation patterns, internal and external.

3) Relationship to major thoroughfares, utilities, drainage facilities and community facilities, existing or future.

4) The preservation of trees or historic sites.

5) The provision for open space.

6) The plan for landscaping.

7) The plan for exterior lighting.

8) And, in general, with the objective of ensuring a durable, harmonious and appropriate use of land in accord with the objectives of the Comprehensive Plan.

No public hearing shall be required, and the plans shall be returned to the applicant within fifteen (15) days following the meeting as approved, approved subject to conditions or disapproved. If specified conditions are met in revised plans, the Administrator may approve minor changes in site plans after approval by the Planning Commission, and he may approve the issuance of building permits accordingly if, in his opinion, such changes do not substantially alter the original approval or conditions attached thereto.

D. Nothing in this section shall be interpreted to permit the granting of a variance or exception to the regulations of this chapter to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

~ 170-16. Preliminary site plan requirements.

A. The preliminary site plan shall be clearly drawn to a scale as specified below and shall show the following:

(1) The proposed title of the project and the name of the engineer, architect, designer or landscape architect and the developer.

(2) The North point, scale and date. The scale should be such as to provide legibility without undue size.

(3) Existing zoning and zoning district boundaries.

(4) The boundaries of the property involved; the municipal boundaries; the general location of all existing easements, property lines, existing streets, buildings or waterways; and other existing physical features in or adjoining the project.

(5) The approximate location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in or near the project.

(6) Proposed changes in zoning, if any.

(7) The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, including numbers of parking and loading spaces, outdoor lighting systems and storm drainage and sanitary facilities.

(8) The general location of proposed lots, setback lines and easements and proposed reservations for parks, parkways, playgrounds, school sites and open spaces.

(9) The location of buildings with respect to each other and to lot lines and the approximate height of all proposed buildings and structures, accessory and main, and all major excavations. The location should be drawn to scale, but full dimensioning is not required on the preliminary plan.

(10) The preliminary plans and elevations of the several dwelling types and other buildings as may be necessary.

(11) The general location, height and material of all fences, walls, screen planting and landscaping.

(12) The proposed location and character of nonresidential uses and commercial or industrial uses, accessory or main.

(13) The general location, character, size, height and orientation of proposed signs.

(14) A tabulation of the total number of acres in the project, gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.

(15) A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net as required by district regulations.

B. The Planning Commission may establish additional requirements for preliminary site plans and, in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

~ 170-17. Final plat requirements.

The final plat shall comply with all laws, regulations and ordinances governing the approval of subdivisions and, in addition, shall show all of the features required on the preliminary site plan, with sufficiently accurate dimensions and construction specifications to support the issuance of construction permits.

~ 170-18. Changes and amendments to site plans; conditions for approval.

The procedure for amendment of the boundaries or for a change in the extent of land use for an approved site plan shall be the same as for a new application, except that minor amendments of an approved site plan or of the conditions attached to a conditional use or site plan may be approved by the Planning Commission at a regular meeting after written reports by the Administrator and without a public hearing, provided that such change or amendment:

A. Does not alter a recorded plat.

B. Does not conflict with the specific requirements of this chapter.

C. Does not change the general character or content of approved development plan or use.

D. Applies to an approved condition originating with the Planning Commission and not the Mayor and Council.

E. Has no appreciable effect on adjoining or surrounding property.

F. Does not result in any substantial change of major external access points.

G. Does not increase the approved number of dwelling units or height of buildings.

H. Does not decrease the minimum specified yards and open spaces or the minimum specified parking and loading spaces.

~ 170-19. Certificates of occupancy.

A. No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the Administrator.

B. No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, except for agricultural uses, until a certificate of occupancy and compliance shall have been issued by the Administrator which states that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

C. Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Administrator.

D. No permit for excavation for any building shall be issued before a sediment control permit has been obtained.

E. A certificate of occupancy shall be required for all nonconforming uses. An application for a certificate of occupancy for nonconforming uses shall be filed with the Administrator within twelve (12) months from the effective date of this chapter.

~ 170-20. Permit requirements; effect of provisions on preexisting permits.

A. No building shall be erected, constructed, altered, moved, converted, extended or enlarged without the owner or owners first having obtained a building permit therefor from the Administrator, and such permit shall require conformity with the provisions of this chapter. When issued, such permit shall be valid for a period of six (6) months. All buildings and structures shall comply with the yard and height requirements of this chapter, whether or not a building permit is required.

B. No building permit lawfully issued by the Administrator prior to the effective date of this chapter or of any amendment hereto which, by its own terms and provisions, is in full force and effect at said date shall be invalidated by the passage of this chapter or any such amendment but shall remain a valid and subsisting permit subject only to its own terms and provisions and ordinances, rules and regulations pertaining thereto and in effect at the time of the issuance of such permit; provided, however, that all such permits shall expire not later than sixty (60) days from the effective date of this chapter, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.

~ 170-21. Submission of plats required.

All applications for building permits shall be accompanied by a drawing or plat in duplicate or as required by the Administrator, showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary, a boundary survey, a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations, including the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept in the office of the Administrator, and a duplicate copy shall be kept at the building at all times during construction.

~ 170-22. Fees.

A. A schedule of fees, charges and expenses shall be established by the Mayor and Council. The Planning Commission may, from time to time, prepare recommended changes in the fee schedule.

B. The payment of the appropriate fee in advance to the Town Manager shall be deemed a condition precedent to the consideration of such appeal, conditional use permit or amendment. Fees shall be refunded on request if an application is withdrawn before publication.

~ 170-23. Interpretation of provisions; classification of property undesignated on Zoning Map.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other resolutions, ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern. If, because of error or omission in the Zoning District Map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be classified R-1 Single-Family Residential until changed by amendment.

~ 170-24. Enforcement officer designated; violations and penalties.

A. Powers and duties of enforcement officer.

(1) It shall be the duty of the Administrator or his deputy to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said chapter. It shall also be the duty of all officers and employees of the town to assist the enforcing officer by reporting to him any seeming violation in new construction or reconstruction or in the use of land or buildings. [Amended 11-16-1992 by Ord. No. 5-92]

(2) In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this chapter, the Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(3) Upon receipt of a complaint regarding any violation of this chapter, the Administrator shall record, in writing, the details of the alleged violation and shall investigate the allegation. Upon completion of said investigation, a written report shall be submitted: one (1) copy to complainant, and one (1) copy to file. If a violation of this chapter is confirmed, the Administrator shall institute appropriate action as set forth below. [Added 11-16-1992 by Ord. No. 5-92]

B. Penalty provisions.

(1) Any person or corporation which shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, except as provided in Subsection B(2) below, shall be guilty of a misdemeanor and shall be liable to a fine of not more than three hundred dollars ($300.), and each day in which such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and which has assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as hereinbefore provided.

(2) A violation of the terms of Article X of this chapter, relating to signs, shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.

ARTICLE III

Definitions

~ 170-25. Word usage.

The following general rules of construction shall apply to the regulations of this chapter.

A. The singular number includes the plural, and the plural includes the singular, unless the context clearly indicates the contrary.

B. Words used in the present tense include the past and future tenses, and the future includes the present.

C. The word "shall" is always mandatory; the word "may" is permissive.

D. The words "building" or "structure" include the words "any part thereof," and the word "building" includes the word "structure."

~ 170-26. Terms defined. (Amended April 27, 1997 with Ordinance 1-97)

For the purpose of this chapter, certain terms and words are hereby defined as follows (see also ~ 170-86):

ACCESSORY BUILDING -- A subordinate building or a portion of the main building, the use of which is clearly incidental to the principal use of the land.

ACCESSORY USE -- A use which is clearly incidental to or customarily found in connection with and, except as otherwise provided in this chapter, is located on the same lot as the principal use of the premises. When the term "accessory" is used in this chapter, it shall have the same meaning as "accessory use."

ADMINISTRATOR -- The Zoning Administrator of Chestertown.

AGGREGATE AREA OR WIDTH -- The sum of two (2) or more designated areas or widths to be measured, limited or determined under the provisions of this chapter.

ALLEY -- A narrow public thoroughfare which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation.

APARTMENT -- That part of a building which is a dwelling unit. (See "dwelling unit.") [Amended 11-16-1992 by Ord. No. 5-92]

APARTMENT HOUSE -- See "dwelling," Subsection A. [Amended 11-16-1992 by Ord. No. 5-92]

ARTERIAL STREET -- A street so designed on the Major Transportation Plan of Chestertown.

BASEMENT -- That portion of a building between the floor and ceiling which is wholly or partly below grade and has more than one-half (1/2) of its height below grade.

BED AND BREAKFAST -- See "boardinghouse." [Amended 11-16-1992 by Ord. No. 5-92]

BOARD -- The Board of Appeals of Chestertown.

BOARDINGHOUSE -- A building where, for compensation and by prearrangement for definite periods, lodging and meals are provided for three (3) or more persons, but containing no more than five (5) guest rooms or rental units. The proprietor or proprietor's agent must reside on the premises. [Amended 11-16-1992 by Ord. No. 5-92]

BUILDABLE AREA -- The area of that part of the lot not included within the yards or open spaces herein required.

BUILDABLE DEPTH -- The depth of that part of a lot not included within the setbacks herein required. [Amended 11-16-1992 by Ord. No. 5-92]

BUILDABLE WIDTH -- The width of that part of a lot not included within the side yards herein required.

BUILDING -- Any structure, having a roof for the housing or enclosure of persons or property of any kind. [Amended 11-16-1992 by Ord. No. 5-92]

BUILDING COMPLETELY ENCLOSED -- Any building having no outside openings other than ordinary doors, windows and ventilators.

BUILDING HEIGHT -- The vertical distance from the grade (see "grade") to the highest point of the coping of a flat roof or to the deckline or highest point of coping or parapet of a mansard roof or to the mean height level between eaves and ridge for gable, hip, shed and gambrel roofs. When the highest wall of a building with a shed roof is within thirty (30) feet of a street, the height of such building shall be measured to the highest point of coping or parapet. (See Table of District Regulations. (See the Roof-Type Drawings.) [Amended 11-16-1992 by Ord. No. 5-92]

BULK -- The size and shape of a building or structure and its relationship to other buildings, to the lot area for a building and to open spaces and yards.

BUSINESS DISTRICT -- See "district." [Amended 11-16-1992 by Ord. No. 5-92]

CANOPY -- A detachable, rooflike cover, supported from the ground, deck, floor, roof or walls of a building for protection from sun or weather.

CLINIC -- A building or portion thereof designed for, constructed for or used by two (2) or more physicians, surgeons, dentists, psychiatrists, physiotherapists or practitioners in related specialties or a combination of persons in these professions, but not including lodging of patients overnight. [Amended 11-16-1992 by Ord. No. 5-92]

CLUB, PRIVATE -- Buildings and facilities owned or operated by a corporation, partnership, association, person or persons for a social, educational or recreational purpose but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business. [Amended 11-16-1992 by Ord. No. 5-92]

CONDITIONAL USE -- See Article VIII and ~ 170-73. [Amended 11-16-1992 by Ord. No. 5-92]

CONVALESCENT HOME -- A building where regular nursing care is provided for more than one (1) person who is not a member of the family which resides on the premises.

COURT -- Any open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

DISTRICT -- Any section of Chestertown in which the zoning regulations are uniform.

A. COMMERCIAL DISTRICT -- Any district designed in these regulations as a business or commercial district or special commercial district under Articles V or VI of this chapter or containing the words "business" or "commercial" in its title.

B. INDUSTRIAL DISTRICT -- Any district designated in this chapter as an industrial district under Articles V or VI of this chapter or containing the word "industrial" in its title.

C. RESIDENTIAL DISTRICT -- Any district designated in this chapter as a residential district under Articles V or VI of this chapter.

DEPARTMENT STORE -- Retail store carrying multiple lines of merchandise and services, including apparel, home furnishings, housewares, restaurants, outdoor, nursery, agricultural and garden supplies, sporting goods, automotive supplies and service, along with any related uses of the property.

DOG KENNEL, COMMERCIAL -- The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, dog beauty parlor or pet shop as permitted by these regulations, or the keeping of five (5) or more dogs, six (6) months or older, for any purpose.

DORMITORY -- A building providing rooms for individuals or groups, usually without private baths. [Amended 11-16-1992 by Ord. No. 5-92]

DRIVE-IN -- An establishment designed or operated to serve a patron while seated in an automobile either parked in an off-street parking space or passing through a service area. [Amended 11-16-1992 by Ord. No. 5-92]

DWELLING -- [Amended 11-16-1992 by Ord. No. 5-92] A building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, mobile homes, hotels, motels, motor lodges, boarding- and rooming houses, tourist courts or tourist homes.

A. MULTIPLE-FAMILY DWELLING -- A building designed for or occupied exclusively by three (3) or more families living independently of each other.

B. SINGLE-FAMILY DWELLING -- A building designed for or occupied exclusively by one (1) family.

C. TWO-FAMILY DWELLING -- A building designed for or occupied exclusively by two (2) families living independently of each other.

DWELLING UNIT -- A room or group of rooms, including bathroom and kitchen facilities, occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a family or by a person living alone. [Amended 11-16-1992 by Ord. No. 5-92]

FAMILY -- An individual or two (2) or more persons who are related by blood or marriage and are living together and occupying a single dwelling unit with single kitchen facilities. Domestic servants employed and residing on the premises shall be considered as part of the "family." Also, a "family" shall be a group of not more than four (4) persons living together by joint agreement and occupying a single dwelling unit with single kitchen facilities on a nonprofit, cost-sharing basis. In the case of unrelated persons living together, every room occupied for sleeping purposes by one (1) occupant shall have at least one hundred (100) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall have at least eighty (80) additional square feet of floor area for the first additional occupant thereof and sixty (60) additional square feet of floor area for each further additional occupancy. Kitchen, living room, dining room or other nonhabitable or common space shall not be considered in computing square feet for sleeping purposes. [Amended 11-16-1992 by Ord. No. 5-92]

FILLING STATION -- Any building, structure or land used for the sale, at retail, of motor vehicle fuels, lubricants or accessories or for the servicing of automobiles and lightweight trucks with predominantly minor repairs and not to include shops where body work, spray painting or motor overhauling activities comprise the main business. [Amended 11-16-1992 by Ord. No. 5-92]

FLOOR AREA:

A. For commercial, business and industrial buildings or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings, but not including attic space providing headroom of less than seven (7) feet, basement space not used for retailing, uncovered steps or fire escapes, accessory water towers or cooling towers, accessory off-street parking spaces and accessory off-street loading spaces.

B. For residential buildings, the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls.

FRONTAGE:

A. LOT FRONTAGE -- The distance for which the front boundary line of the lot and the street line are coincident.

B. STREET FRONTAGE -- All of the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street or, if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.

GARAGE, PRIVATE -- A garage used for storage purposes only and having a capacity of not more than four (4) automobiles or not more than two (2) automobiles per family housed in the building to which the garage is accessory, whichever is the greater. Space therein may be used for not more than one (1) commercial vehicle, which vehicle shall not not more than one (1) ton in capacity, and space may be rented for not more than two (2) vehicles to persons other than occupants of the buildings to which such garage is accessory.

GRADE -- Grade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter wall of the building.

GUESTHOUSE -- Living quarters within a detached accessory building located on the same premises with the main building and used by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

HISTORIC DISTRICT -- See Chapter 93, Historic Area Zoning. [Amended 11-16-1992 by Ord. No. 5-92]

HOME OCCUPATION -- Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes, and which is carried on by a member of a family residing on the premises, and in connection with which there is no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indications of the "home occupation" or variation from the residential character of the building, and in connection with which no person outside the resident family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare. Within the above requirements, a "home occupation" includes, but is not limited to, art studios; dressmaking; professional offices of a lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupations; or teaching, with musical instruction limited to one (1) or two (2) pupils at a time. However, a "home occupation" shall not be interpreted to include barbershops, beauty parlors, tourist homes, animal hospitals, child-care centers, tearooms or restaurants.

HOSPITAL -- A building or group of buildings having room facilities for overnight patients, used for providing services for the medical or surgical care of sick or injured humans and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

HOTEL -- A building in which lodging or boarding and lodging are provided for more than fifteen (15) persons, primarily transient, or with more than ten (10) guest rooms or rental units offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours; as such, it is open to the public in contradistinction to a boarding- , rooming or lodging house or an apartment house, which are herein separately defined. A "hotel" may include restaurants, taverns, club rooms, public banquet halls, ballrooms and meeting rooms.

JUNK -- Dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof; dilapidated wagons, trailers and other kinds of vehicles and parts thereof; scrap building materials, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding; or any other kind of scrap or waste material which is stored, kept, handled or displayed.

LAUNDROMAT -- A business that provides washing, drying and/or ironing machines or dry-cleaning machines for hire to be used by or for customers.

LOADING SPACE -- A space within the main building or on the same lot which provides for the standing, loading or unloading of trucks and has a minimum area of five hundred forty (540) square feet, a minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet and a vertical clearance of at least fourteen and five-tenths (14.5) feet.

LODGING HOUSE -- See "rooming house."

LOT -- [Amended 11-16-1992 by Ord. No. 5-92] A parcel of land occupied or intended for occupancy with a use permitted by this chapter, and which has its principal frontage upon a street or an officially approved place.

A. CORNER LOT -- A lot abutting upon two (2) or more streets at their intersection.

B. INTERIOR LOT -- A lot other than a corner lot.

C. THROUGH (DOUBLE-FRONTAGE) LOT -- A lot having a frontage on two (2) approximately parallel streets or places.

LOT AREA -- The total horizontal area within the lot lines of the lot.

LOT DEPTH -- The average horizontal distance between the front and rear lot lines.

LOT LINE -- The boundary line of a lot.

LOT WIDTH -- The average horizontal distance between the side lot lines. [Amended 11-16-1992 by Ord. No. 5-92]

MAJOR STREET OR HIGHWAY -- A street or highway so designated on the Major Transportation Plan of Chestertown.

MARINA -- A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies and the provision of lodging, food, beverages and entertainment as accessory uses. A yacht club shall be considered as a "marina," but a hotel, motel or similar use where docking of boats and the provision of services thereto is incidental to other activities shall not be considered a "marina," nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered be considered a "marina."

MOTEL, TOURIST COURT or MOTOR LODGE -- A building or buildings in which lodging or boarding and lodging are provided and offered to the public for compensation; as such, it is open to the public in contradistinction to a boarding- or rooming house or a multiple dwelling. These buildings are considered the same as hotels, except that the buildings are usually designed to serve tourists traveling by automobile, the ingress and egress to rooms need not be through a lobby or office and parking is usually adjacent to the rooms. [Amended 11-16-1992 by Ord. No. 5-92]

NONCONFORMING USE -- A building or land which does not conform with the sign, height, area or use regulations of the district in which it is located.

NURSING HOME -- See "convalescent home."

OFF-STREET PARKING SPACE -- An all-weather, surfaced area not in a street or alley and having an area of not less than one hundred sixty-two (162) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by an all-weather surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. [Amended 11-16-1992 by Ord. No. 5-92]

PLACE -- An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PONDS, ORNAMENTAL, REFLECTIVE OR FISH -- Structures which contain water and are not used as swimming pools. They are generally small, under two hundred fifty (250) square feet, and shallow in depth. [Amended 11-16-1992 by Ord. No. 5-92]

PREMISES -- A lot, together with all buildings and structures thereon.

REGULATIONS -- The whole body of ordinances, texts, charts, tables, diagrams, maps, notations, references and symbols contained or referred to in this chapter.

RENTAL UNIT -- A dwelling unit intended for rental to transients on a day-to-day or week-to-week basis but not intended for use or used as a permanent dwelling and not including kitchen facilities. [Amended 11-16-1992 by Ord. No. 5-92]

ROOMING HOUSE -- A building where, for compensation and by prearrangement for definite periods, lodging is provided for three (3) or more persons. The number of guest rooms permitted shall be determined by the Board. The proprietor or proprietor's agent must reside on the premises. [Amended 11-16-1992 by Ord. No. 5-92]

SERVANTS' QUARTERS -- Living quarters within a portion of a main building or in an accessory building located on the same lot with the main building which is used by servants employed on the premises, such quarters having no separate utility meters and not rented or otherwise used as separate dwellings.

SIGN -- For definitions pertaining to "signs," see Article X, particularly ~ 170-86.

SITE PLAN -- A drawing illustrating a proposed development and prepared in accordance with the specifications of Article II of this chapter.

STABLE:

A. PRIVATE STABLE -- An accessory building, not related to the ordinary operation of a farm, which is for the housing of not more than four (4) horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.

B. PUBLIC STABLE -- Any stable for the housing of horses or mules and operated for remuneration, hire, sale or stabling or any stable not related to the ordinary operation of a farm and with a capacity for more than four (4) horses or mules, whether or not such stable is operated for remuneration, hire, sale or stabling.

STORE SIZE -- The gross square footage of store under roof (including, but not limited to warehouse or storage areas, offices, utility areas and employee areas, sales, display, service and check-out areas, etc.) plus all outdoor areas used year-round, or seasonably, for storage, display or sale of merchandise or service each floor or levels whether below ground, ground level or upper level shall be separately included in the calculation of store size. The calculation of store size shall be made without regard to lot, zoning or jurisdictional lines.

STORY -- That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor next above it, the space between such floor and the ceiling next above it.

A. HALF STORY -- A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (2/3) of the floor area is finished for use. A "half-story" containing independent apartments for living quarters shall be counted as a full story.

STREET -- A public thoroughfare which affords the principal means of access to abutting property.

STREET LINE -- A dividing line separating a lot, tract or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS -- Any change in the supporting members of a building, such as footings, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such repair as may be required for the safety of the building.

STRUCTURE -- Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, trailers or mobile homes, signs, swimming pools, fences, backstops for tennis courts and pergolas.

SWIMMING POOL -- Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area and intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or some other type of pool located and designed so as not to create a hazard nor be used for swimming or wading.

TOWNHOUSE -- A single-family dwelling forming one (1) of a group or series of three (3) or more attached single-family dwellings separated from one another by party walls and without doors, windows or other provisions for human passage or visibility through such walls from basement to roof and which have roofs which may extend from one (1) of the dwelling units to another. See ~ 170-60. [Amended 3-6-1995 by Ord. No. 1-95]

TRAILER or MOBILE HOME -- Any vehicle, covered or uncovered, used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which is, has been or reasonably may be equipped with wheels or other devices for transporting the vehicle from place to place, whether by motive power or some other means. The term "trailer" shall include "camp car" and "house car."

TRAILER PARK, TRAILER COURT or MOBILE HOME PARK -- Any site, lot, field or tract of land upon which is located one (1) or more occupied trailers or which is held out for the location of any occupied trailer. The terms shall include any building, structure, vehicle or enclosure for use as a part of the equipment for such park or court.

UNIT -- See "dwelling unit." [Amended 11-16-1992 by Ord. No. 5-92]

VARIANCE -- See ~ 170-67. [Amended 11-16-1992 by Ord. No. 5-92; 3-6-1995 by Ord. No. 1-95]

WATERWAY -- Any body of water, including any creek, canal, river, lake or bay or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.

WATERWAY LINE -- A line marking the normal division between land and a waterway as established by the Administrator or by town ordinances.

YARD -- [Amended 11-16-1992 by Ord. No. 5-92] An open space, other than a court, on a lot and which is unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

A. FRONT YARD -- A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the main building.

B. REAR YARD -- A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building.

C. SIDE YARD -- A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and the side of the main building.

ARTICLE IV

Zoning Districts; District Map

~ 170-27. Districts established.

A. In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes and to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:

Residential districts

R-l Single-Family Residential District

R-2 Single-Family Residential District

R-3 Two-Family Residential District

R-4 Multiple-Family Residential District

R-5 Multiple-Family Residential District

Business and commercial districts

B-1 Neighborhood Business District

C-1 General Commercial District

C-2 Central Commercial District

C-3 Neighborhood Commercial District [Added 11-16-1992 by Ord. No. 5-92]

CM Commercial Marine District

RB Professional Office District

Industrial districts

LI-1 Limited Industrial District

LI-2 Light Industrial District

FP Floodplain District

B. For the purpose of reference hereafter in this chapter, unless specifically provided to the contrary, the term "residential district" shall include all single-family and multiple-family districts; the term "commercial district" shall include all commercial and business districts; and the term "industrial district" shall include all the industrial districts.

~ 170-28. Adoption of Zoning District Map.

The district classification of the territory within the Incorporated Town of Chestertown shall be as shown on the map designated as the Zoning District Map, Chestertown, Maryland, which has been dated, signed by the Mayor and attested by the Town Manager upon adoption. This Zoning District Map and all notations, dimensions, references and symbols shown thereon pertaining to such districts shall be as much a part of this chapter as if fully described herein and shall be filed as part of this chapter by the Town Manager. Said map shall be available for public inspection in the office of the Town Manager. Such map shall be marked "original copy, not to be altered or removed from the office of the Town Manager, except on court subpoena." This map, together with subsequent applicable amendments, shall be conclusive as to the current zoning status of land.

~ 170-29. Annual revision and distribution of Zoning Map.

A. No later than March 31 of the year following adoption of this chapter, prints of the Zoning District Map, clearly showing the zoning district boundaries and zoning district names and designations for the Incorporated Town of Chestertown, shall be made available to the public. In each calendar year thereafter, if there have been any changes in the permitted uses, zoning district boundaries, zoning regulations or district classifications during the preceding calendar year, such map shall be revised no later than March 31 to reflect all such changes as of December 31 of the preceding year.

B. Any person desiring a copy of said zoning text or Zoning District Map shall pay a fee for each copy thereof to the appropriate town official. Such fees shall be applied to defray the cost of the revising and printing of the Zoning District Map.

~ 170-30. Informational copies of Zoning Map.

A. Informational copies of the Zoning District Map shall be made available for inspection at the office of the Planning Commission, Administrator and at such other locations as may be necessary or convenient. These maps shall be revised, as described above, to show changes in zoning district boundaries as officially approved. New streets, highways, subdivisions, major governmental installations, public lands and other major features shall be shown.

B. Drafting errors or omissions may be corrected, but no changes in zoning district boundaries may be made other than to show amendments properly adopted by the Mayor and Council.

~ 170-31. Periodic review of regulations and map.

At least once every five (5) years, the Planning Commission shall review the zoning regulations and the Zoning District Map to determine whether it is advisable to amend the regulations or the map, or both, to bring them in accord with the objectives of the Comprehensive Plan of the town; to take advantage of new techniques or to encourage improved building practices which may have been developed and which may have application in Chestertown; to correct deficiencies or difficulties which may have developed in administration; or for such other reasons as the Commission may determine. The Commission shall submit reports on its findings to the Mayor and Council. In the preparation of these reports, the Commission shall consult with officials in the town responsible for development of the Comprehensive Plan and the administration of this chapter and with such other persons as they believe may contribute to the review.

~ 170-32. Interpretation of district boundaries.

A. A district name or letter-number combination shown on the Zoning District Map indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the town bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

B. Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning District Map, which accompanies and is made a part of these regulations, the following rules shall apply:

(1) In cases where a boundary line is given a position within a street or alley, easement, canal or navigable or nonnavigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, easement, canal or stream, and if the actual location of such street, alley, easement, canal or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.

(2) In cases where a boundary line is shown as being located a specific distance from a street line or some other physical feature, this distance shall control.

(3) Where the district boundaries, as shown on the Zoning District Map, approximately coincide with lot lines, the lot lines shall be construed to be the district boundary lines unless otherwise indicated.

(4) In cases where district boundaries, as shown on the Zoning District Map, do not coincide or approximately coincide with street lines, alley lines or lot lines and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

~ 170-33. Applicability of district regulations to water areas.

All areas within the limits of the Incorporated Town of Chestertown which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the town boundary or by straight-line projections of the district boundaries as indicated on the Zoning District Map. Straight-line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the town boundary.

ARTICLE V

District Regulations

~ 170-34. R-1 Single-Family Residential District.

A. Purpose. The purpose of this district is to provide for low-density residential development and such accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Detached single-family dwellings.

(2) Nurseries for the growing or propagation of plants, trees or shrubs, farms, truck gardens and orchards, including temporary stands for seasonal sales of products raised on the premises, but not including the raising for sale of poultry, birds, bees, rabbits or other animals, fish or other creatures, provided that such permitted uses are not objectionable to surrounding residences by reason of odor, dust, noise or other factors and provided that no retail or wholesale business office or store is permanently maintained on the premises.

C. Permitted accessory uses. Accessory uses shall be permitted as follows:

(1) On a farm of twenty-five (25) acres or more, accessory uses shall be permitted as follows:

(a) Accessory structures for the sale or processing of farm products raised on the premises.

(b) Accessory open or enclosed storage of farm materials, products or equipment.

(d) Dwellings for persons permanently employed on the premises.

(2) Boat docks and boathouses.

(3) Utility buildings as accessory structures in the side or back yards.

(4) Private garages.

(5) Home occupations.

(6) The keeping of small animals, insects, reptiles, fish or birds (not poultry) but only for personal enjoyment or household use and not as a business.

(7) The storage or construction of not more than two (2) boats or travel trailers, or one (1) of each, on a residential lot. Storage or construction shall not be in the front yard.

(8) Swimming pools and game courts, lighted or unlighted, for the use of occupants and their guests.

(9) Accessory off-street parking, open or enclosed space, for one (1) commercial vehicle with a capacity of not more than one (1) ton and used by the occupant of a dwelling.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

E. Height, area and bulk requirements. Requirements for minimum lot area, yards and open space and maximum height are contained in the Table of District Regulations included at the end of this chapter.

F. Conditional uses. The following uses are permitted as conditional uses according to the regulations of Article VIII of this chapter:

(1) Churches, rectories, parish houses, convents and monasteries; temples and synagogues, provided that churches, temples or synagogues erected after the date of passage of this chapter shall have their principal means of access from a major street.

(2) Golf courses not lighted for night play and not including miniature golf courses, putting greens, driving ranges and similar activities operated as businesses, but including a building for a golf shop, locker room and snack bar as an accessory use to a permitted golf course, provided that no such building is located closer than one hundred (100) feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least seventy-five (75) acres.

(3) Recreational uses, such as tennis courts, swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes, provided that no such use, structure or accessory use or parking lot is located closer than fifty (50) feet to any adjoining property line, unless such property line fronts on a public street or waterway with rights-of-way not less than twenty-five (25) feet, in which instance the required setback need not exceed twenty-five (25) feet, and provided, further, that all such facilities must be located on a site having a minimum of two (2) acres.

G. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-35. R-2 Single-Family Residential District.

A. Purpose. The purpose of this district is to provide for single-family residential development on smaller lots, together with such accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to include existing development of this character and contains vacant land considered appropriate for such development in the future.

B. Permitted uses. A building or land shall be used for any use permitted in the R-1 Single-Family Residential District.

C. Permitted accessory uses. Permitted accessory uses shall include any accessory use permitted in the R-1 Single-Family Residential District.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-36. R-3 Two-Family Residential District.

A. Purpose. The purpose of this district is to provide for two-family-dwelling developments or for two-family dwellings mixed with single-family dwellings, together with those accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to include existing development of this character and contains structures presently in single-family-dwelling use which are appropriate for conversion to two-family or some other use as permitted in this district. Population density and the height of buildings are low enough to be compatible with adjoining areas of single-family residential development.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the R-1 Single-Family Residential District.

(2) Two-family dwellings, subject to the special regulations of Article VI, Supplementary Height, Area and Bulk Regulations.

C. Permitted accessory uses. Permitted accessory uses shall include any accessory use permitted in the R-1 Single-Family Residential District.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-37. R-4 Multiple-Family Residential District.

A. Purpose. The purpose of this district is to encourage variety in housing types and to provide for residential densities as might be appropriate for relatively spacious garden apartment developments in areas appropriately located for such use, which are well located with respect to major thoroughfares, shopping facilities and centers of employment. Population density and the height of buildings are low enough to be generally compatible with single-family residential development in the same general neighborhood.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any uses permitted in the R-1 Single-Family Residential District.

(2) Two-family dwellings, subject to the special regulations of Article VI of this chapter.

(3) Townhouses, subject to the special regulations of Article VI of this chapter.

(4) Multiple-family dwellings.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any accessory use permitted in the R-1 Single-Family Residential District.

(2) An office for the administration of a multiple-family development, located in a main building containing ten (10) or more dwelling units.

(3) A laundry room for the use of the occupants of a multiple-family dwelling development.

(4) Accessory off-street parking, open or enclosed space, for one (1) commercial vehicle with a capacity of not more than one (1) ton and used by the occupant of a dwelling.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-38. R-5 Multiple-Family Residential District.

A. Purpose. The purpose of this district is to provide for multiple-family dwellings in a wide variety of housing types, ranging from large single-family-dwelling structures suitable for conversion to multiple-family occupancy to garden apartment and townhouse developments of recent construction, and including multiple-family dwellings mixed with single-family dwellings. The district is located to include existing development of this character in areas surrounding the central business district and is in close proximity to major thoroughfares, shopping facilities and places of employment. The district includes areas containing buildings and structures of historical and architectural significance to the community. Permitted community facilities are the same as for the single-family residential districts.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the R-1 Single-Family Residential District.

(2) Two-family dwellings, subject to the special regulations of Article VI of this chapter.

(3) Townhouses, subject to the special regulations of Article VI of this chapter.

(4) Multiple-family dwellings.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any accessory use permitted in R-1 Single-Family Residential District.

(2) An office for the administration of a multiple-family development, located in a main building containing ten (10) or more dwelling units.

(3) A laundry room for the use of the occupants of a multiple-family dwelling development.

(4) Accessory off-street parking, open or enclosed space, for one (1) commercial vehicle with a capacity of not more than one (1) ton and used by the occupant of a dwelling.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals, and Article VIII, Variances and Conditional Uses. [Amended 3-6-1995 by Ord. No. 1-95]

(2) Article VI, Supplementary Height, Area and Bulk Regulations. [Amended 3-6-1995 by Ord. No. 1-95]

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-39. RB Professional Office District.

A. Purpose. The purpose of this district is to permit professional and business office buildings of high character in attractive surroundings, with types of uses and exterior indications of those uses so controlled as to be generally compatible with single-family and multiple-family dwellings located within or adjacent to the district. The district is generally located close to the central business district, and the residential alternatives to office uses within the district are those permitted in the multiple-family residential districts.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the R-5 Multiple-Family Residential District.

(2) Professional and business offices and office buildings and studios for artists, photographers, teachers, sculptors and musicians, including instruction in art, music and dancing, provided that:

(a) No building to be used or constructed for any such purpose shall be constructed with or altered to produce a storefront, show window or display window or to indicate any other evidence of the commercial character, with the exception of such signs as may be permitted for such use.

(b) There shall be no commercial display from windows and doors, and there shall be no storage of merchandise for sale in the building or on the premises.

(c) There shall be no machinery or equipment, other than machinery or equipment which is customarily accessory to the permitted use, used or stored in the building or on the premises.

(d) There shall be created no adverse effect on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise.

(3) Clinics, including a pharmacist's shop for the dispensing of drugs or supplies primarily to patients or occupants of the building, provided that there shall be no entrance to such shop except from inside the building.

(4) Undertaking businesses or establishments and funeral homes, provided that all accessory vehicles and equipment shall be housed in a completely enclosed building when not in use.

C. Permitted accessory uses. Permitted accessory uses shall include any accessory use permitted in the R-5 Multiple-Family Residential District.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-40. B-1 Neighborhood Business District.

A. Purpose. The purpose of this district is to provide primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of a relatively small residential area. To enhance the general character of the district and its compatibility with its residential surroundings, signs are limited to those accessory to business conducted on the premises, and the number, area and types of signs are limited.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the R-2 Single-Family Residential District.

(2) Barbershops and beauty parlors.

(3) Delicatessen businesses, with accessory catering services.

(4) Food stores of five thousand (5,000) square feet or less.

(5) Laundromats and self-service dry-cleaning establishments.

(6) Filling stations, so long as the bulk storage of flammable liquids is underground, the service-related bays are limited to three (3) and there is no outdoor storage of disabled vehicles under repair unless fully enclosed in rear storage areas screened from view by continuous, solid fencing approved by the town. [Added 11-16-1992 by Ord. No. 5-92]

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any accessory use permitted in the R-2 Single-Family Residential District.

(2) Automatic ice distribution stations or other drive-in, automatic vending machine stations. Groups of vending machines shall be contained in a completely enclosed building.

(3) Automobile parking lots and garages, but not used car lots or other lots used for automobile sales or storage.

(4) Gas pumps, so long as the bulk storage of flammable liquids is underground.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

E. Height, area and bulk regulations. Requirements for minimum lot area, yards and open space and maximum height are contained in the Table of District Regulations included at the end of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-41. C-1 General Commercial District.

A. Purpose. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities which generally serve a wide area and are located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of materials or the nuisance factors of dust, odor and noise associated with manufacturing.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the B-1 Neighborhood Business District, except residential uses.

(2) Amusement places and theaters, except open-air drive-in theaters. Amusement places include bowling alleys; dance halls, subject to applicable town regulations; skating rinks; swimming pools; miniature golf courses; billiard or pool parlors; indoor model racing tracks; and similar activities.

(3) Automobile and truck sales, service and repairs but not auto salvaging or junk, and provided that any major repair or storage of equipment, materials or damaged vehicles shall be inside a completely enclosed building or enclosed by a masonry wall, screening fence or hedge not less than six (6) feet in height and subject to approval by the Planning Commission.

(4) Bakeries occupying not more than five thousand (5,000) square feet of floor area.

(5) Bottling works; dyeing and cleaning works or laundries; plumbing and heating shops; painting shops; upholstering shops not involving furniture manufacture; tinsmithing shops; tire sales and service, including vulcanizing and recapping, but no manufacturing; appliance repairs; and general service and repair establishments similar in character to those listed in this subsection, provided that no outside storage of materials permitted in this subsection shall occupy more than six thousand (6,000) square feet of floor area.

(6) Boat and boat trailer sales and storage but not marinas.

(7) Farm implement sales, service, rental and repair but not salvaging or junk, and provided that the major repair or storage of materials or damaged or unusable implements or vehicles shall be inside a completely enclosed building.

(8) Parking and storage garages.

(9) Hotels, motels and motor lodges.

(10) Lawn mower and yard and garden equipment sales, service, rental and repair.

(11) Lumber and building materials stores, retail only.

(12) Material storage yards in connection with a permitted use where storage is incidental to the approved occupancy of the building, provided that all products and materials used or stored are in a completely enclosed building or are enclosed by a masonry wall, screening, fence or hedge not less than six (6) feet in height. The storage of all materials and equipment shall not exceed the height of the wall and shall be subject to the approval of the Planning Commission. The storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen. The storage of heavy equipment, such as road-building or excavating equipment, shall not be permitted.

(13) Monument sales establishments with incidental processing to order, but not including the shaping of headstones.

(14) Printing, publishing and engraving establishments.

(15) Radio and television stations and studios and recording studios, but not towers more than one hundred twenty-five (125) feet in height, except as provided in Article VI of this chapter.

(16) Schools for industrial training, trade or business.

(17) Food stores and supermarkets.

(18) Used car sales and storage lots, but only as an accessory use to an authorized new car sales establishment.

(19) Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.

(20) Data processing centers.

(21) Automatic ice distribution stations or other drive-in, automatic vending machine stations. Groups of vending machines shall be contained in a completely enclosed building.

(22) Automobile parking lots and garages but not used car lots or other lots used for automobile sales or storage.

(23) Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for at least five (5) vehicles waiting for drive-in service.

(24) Bakeries occupying no more than two thousand five hundred (2,500) square feet of floor area, provided that all products produced on the premises shall be sold at retail on the premises.

(25) Barbershops and beauty parlors.

(26) Bicycle sales and repair shops.

(27) Catering and delicatessen businesses.

(28) Clinics.

(29) Dry-cleaning and pressing pickup stations or shops occupying not more than two thousand five hundred (2,500) square feet of floor area and using no cleaning fluid whose base is petroleum or one (1) of its derivatives.

(30) Filling stations, so long as the bulk storage of flammable liquids is underground.

(31) Flower shops and greenhouses incidental thereto.

(32) Frozen-food lockers for individual or family use.

(33) Laundromats and self-service dry-cleaning establishments.

(34) Laundries occupying more than two thousand five hundred (2,500) square feet of floor area.

(35) Laundry and dry-cleaning establishments (combined operation) occupying not more than five thousand (5,000) square feet of floor area and using no cleaning fluid whose base is petroleum or one (1) of its derivatives.

(36) Offices, general business and professional.

(37) Private clubs, lodges and meeting halls.

(38) Restaurants, drive-in or otherwise.

(39) Shoe repair shops occupying not more than two thousand five hundred (2,500) square feet of floor area.

(40) Shops for the sale, service or repair of home appliances, office machines, electric equipment and television and radio equipment and which occupy not more than two thousand five hundred (2,500) square feet of floor area.

(41) Stores and shops for the conduct of retail business, including the sale of accessories, antiques, apparel, appliances, beverages, books, carpets, drugs, fabrics, food, furniture, general merchandise, hardware, garden supplies, hobby supplies, jewelry, office supplies, paint, sporting goods and stationery and similar stores and shops.

(42) Studios for artists, photographers, teachers, sculptors and musicians.

C. Permitted accessory uses. Permitted accessory uses shall include the storage of office supplies or merchandise normally carried in stock in connection with a permitted office, business or commercial use, subject to applicable district regulations.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Requirements.

~ 170-42. C-2 Central Commercial District.

A. Purpose. The purpose of this district is to encompass the retail, service and office core of the central business district and permit a wide variety of uses which provide basic goods and services to the community and to the surrounding region. General manufacturing, warehousing and other uses which tend to generate heavy truck traffic and require open storage of materials or equipment are prohibited. In recognition of the downtown character of the district, yard regulations are kept to a minimum in order to encourage compact and efficient commercial development.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) Any use permitted in the C-3 Neighborhood Business District, except residential uses and filling stations.

(2) Theaters.

(3) Bakeries occupying not more than five thousand (5,000) square feet of floor area.

(4) Parking and storage garages.

(5) Hotels, motels and motor lodges.

(6) Banks.

(7) Clinics.

(8) Dry-cleaning and pressing pickup stations or shops occupying not more than two thousand five hundred (2,500) square feet of floor area and using no cleaning fluid whose base is petroleum or one (1) of its derivatives.

(9) Flower shops and greenhouses incidental thereto.

(10) Frozen-food lockers for individual or family use.

(11) Offices, general business and professional.

(12) Private clubs, lodges and meeting halls.

(13) Restaurants.

(14) Shoe repair shops occupying not more than two thousand five hundred (2,500) square feet of floor area.

(15) Shops for the sale, service or repair of home appliances, office machines, electric equipment and television and radio equipment and occupying not more than two thousand five hundred (2,500) square feet of floor area.

(16) Stores and shops for the conduct of retail businesses, including the sale of accessories, antiques, apparel, appliances, beverages, books, carpets, drugs, fabrics, furniture, general merchandise, hardware, garden supplies, hobby supplies, jewelry, office supplies, paint, sporting goods and stationery and similar stores and shops.

(17) Undertaking businesses or establishments and funeral homes.

(18) Studios for artists, photographers, teachers, sculptors and musicians.

(19) Lawn mower and yard and garden equipment rental, sales, service and repair.

(20) Monument sales establishments with incidental processing to order, but not including the shaping of headstones.

(21) Printing, publishing and engraving establishments.

(22) Radio and television stations and studios and recording studios but not towers.

(23) Wholesale establishments with not more than two thousand five hundred (2,500) square feet of accessory storage per establishment.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any use permitted in the R-5 Multiple-Family Residential District and the customary accessory uses.

(2) The storage of office supplies or merchandise normally carried in stock in connection with a permitted office, business or commercial use, subject to applicable district regulations.

(3) Automobile parking lots but not used car lots or other lots used for automobile sales or storage.

(4) Medical and professional office space.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-43. C-3 Neighborhood Commercial District. [Added 11-16-1992 by Ord. No. 5-92]

A. Purpose. The purpose of this district is to provide primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of a smaller community and surrounding residential areas. In recognition of the fact that this district will always be located on a street or roadway, the detached signs allowed are slightly more liberal than the C-2 District's.

B. Permitted uses. A building or land shall be used for only the following purposes:

(1) Any use permitted in the C-2 Central Commercial District, except theaters, hotels, motels and motor lodges.

(2) Filling stations, so long as the bulk storage of flammable liquids is underground, the service-related bays are limited to three (3) and there is no outdoor storage of disabled vehicles under repair unless fully enclosed in rear storage areas screened from view by continuous, solid fencing approved by the town.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any accessory use permitted in the C-2 Central Commercial District.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals, and Article VIII, Variances and Conditional Uses. [Amended 3-6-1995 by Ord. No. 1-95]

(2) Article VI, Supplementary Height, Area and Bulk Regulations. [Amended 3-6-1995 by Ord. No. 1-95]

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-44. CM Commercial Marine District.

A. Purpose. The purpose of this district is to provide for and to preserve waterfront land in appropriate locations for commercial docking, boat sales and storage and minor repair of small boats. Marinas and yacht clubs are to be encouraged. In general, the district is intended for less-intensive commercial marine activities related to tourism, vacationers, sport fishing and pleasure boating. Multiple-family dwellings are permitted since the district is near the center of the town and utilities are available.

B. Permitted uses. A building or land or water area shall be used only for the following purposes and, in all cases, shall be subject to the site and plan review procedures of Article II for docks, piers, bulkheads, breakwaters or other overwater structures, except private overwater piers and boathouses accessory to a dwelling:

(1) Any use permitted in the R-5 Multiple-Family Residential District.

(2) Boat docks, slips, piers, wharves, anchorages and moorings for yachts and pleasure boats or for boats for hire to carry passengers or for excursions or sightseeing, pleasure or fishing trips.

(3) Boat storage, minor repairs and painting, including the sale of boats and boat parts or accessories, and provided that any out-of-water work or storage shall be located at least twenty (20) feet from any residential district. All work and storage areas shall be screened from view, and such screening shall be approved by the Planning Commission.

(4) Boat sales or rentals, boat liveries and boats for hire, including the out-of-water storage of new boats.

(5) Boats and marine engine sales and display, yacht brokers and marine insurance brokers.

(6) Boat and marine motor service and minor repairs while boats are in the water.

(7) Boat fuel sales, provided that aboveground storage does not exceed two thousand (2,000) gallons.

(8) Hotels, motels and motor lodges.

(9) Marinas and yacht clubs.

(10) Piers for fishing.

(11) Retail sales and rental of boating, fishing, hunting, diving and bathing supplies, equipment and clothing and fish bait.

(12) Restaurants.

(13) Marine or oceanographic laboratories and experimental stations.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Any accessory use permitted in the R-5 Multiple-Family Residential District.

(2) Storage of office supplies, merchandise or goods used in or produced by permitted business or commercial marine uses, subject to applicable district regulations.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

E. Height, area and bulk requirements. Minimum requirements for lot area, yards and open space and maximum height are contained in the Table of District Regulations included at the end of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VI, Supplementary Height, Area and Bulk Regulations.

(2) Article VIII, Conditional Uses.

(3) Article XI, Off-Street Parking.

(4) Article XII, Off-Street Loading Regulations.

~ 170-45. LI-1 Limited Industrial District.

A. Purpose. The purpose of this district is to provide sufficient space in appropriate locations for certain types of business and manufacturing, which are relatively free from offense and in modern, landscaped buildings; to make available more attractive locations for these businesses and industries; and to provide opportunities for employment closer to places of residence with a corresponding reduction of travel time from home to work. Certain commercial uses are permitted, these being primarily for services to employees in the district. Typical development in the district would be that which is commonly known as an "industrial park." Accessory signs of limited area and application are permitted.

B. Special conditions. The uses permitted in this district shall be subject to the following special conditions:

(1) All uses shall be conducted within a completely enclosed building and with no open storage of raw materials, in-process materials, supplies and waste materials. Finished or semifinished products manufactured on the premises may be stored in the open if properly screened from view by landscaping, fences or walks, and such screening shall be approved by the Planning Commission.

(2) Notwithstanding the yard regulations for the district, no part of any building, accessory structure or sign shall be located closer than one hundred (100) feet to any residential district boundary.

(3) All main plant buildings shall be of concrete, structural steel or masonry construction and limited to thirty-five (35) feet in height unless otherwise approved by the Board of Appeals under Article VII of this chapter.

(4) Adequate parking and loading space shall be provided off the street for all employees and traffic to the building, even if in excess of the minimum requirements of Articles XI and XII of this chapter.

(5) Loading operations shall be conducted at the side or rear of buildings. Service drives or other areas shall be provided for off-street loading and in such a way that, in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.

(6) No parking or storage of materials or products shall be permitted in the required front yard.

(7) The front yard shall be landscaped with trees, grass, shrubs and pedestrian walkways and shall be maintained in a neat and attractive condition.

(8) All fencing shall have a uniform and durable character and shall be properly maintained.

C. Permitted uses. A building or land shall be used only for the following purposes:

(1) Generally those light manufacturing uses listed below and uses similar to those listed below which do not create any more danger to health or safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat or glare than that which is generally associated with light industries of the types specifically permitted below:

(a) Manufacture and assembly of medical and dental equipment; drafting, optical and musical instruments; watches; clocks; toys; games; and electric or electronic apparatus.

(b) Manufacture and assembly of boats, bolts, nuts, screws, rivets, ornamental iron products, firearms, electric appliances, tools, dies, machinery, hardware products and sheet metal products.

(c) Beverage blending or bottling and manufacture of bakery products, candy, dairy products and ice cream but not distilling of beverages or processing or bulk storage of grain or feed for animals or poultry.

(d) Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics and printing and finishing of textiles and fibers into fabric goods.

(e) Manufacture of boxes, furniture, cabinets, baskets and other wood products of similar nature.

(f) Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

(2) Carbon paper and inked-ribbon manufacture.

(3) Carpets, rugs and mats manufacture, including cleaning.

(4) Cosmetics, toiletries and perfumes manufacture, compounding only.

(5) Establishments for dairy operations and dairy products, ice cream and cheeses.

(6) Data processing centers.

(7) Manufacture and assembly of electric appliances and electronic apparatuses; medical, optical and drafting equipment; toys; games; and musical instruments.

(8) Exterminating establishments.

(9) Farms and farming.

(10) Filling stations, if located in a district of fifty (50) acres or more and limited in land area to one (1) acre, and not including truck or trailer storage or the mechanical servicing of trucks, trailers or automobiles.

(11) Food products manufacture, processing and packaging of such products as candy, chewing gum, cocoa products, coffee, tea and spices and macaroni and noodles.

(12) Furniture manufacturing, including wood, reed, rattan, metal and plastic.

(13) Greenhouses, commercial, wholesale or retail.

(14) Establishments containing heating, ventilating, cooking and refrigeration supplies and appliances.

(15) Industrial vocation training schools, including the operation of internal combustion engines.

(16) Establishments for the knitting, weaving, printing and finishing of textiles and fibers into fabric goods, clothing, hats and hosiery.

(17) Laboratories for research, experimenting and testing but not for testing combustion engines or explosives.

(18) Laundries and linen service establishments.

(19) Leather goods manufacture, but not including tanning operations.

(20) Metal products manufacture of such products as bolts, nails, staples, needles, pins, metal containers, ornamental iron fabrication, silverware and plated wire.

(21) Nurseries for the growing or propagation of plants, trees and shrubs.

(22) Offices and office buildings.

(23) Margarine compounding and packing only.

(24) Establishments for the manufacture of pharmaceutical products and drugs.

(25) Plating and electrolytic processes.

(26) Photographic processing and blueprinting establishments.

(27) Manufacture, sale and storage of plumbing supplies.

(28) Printing and publishing establishments.

(29) Radio and television broadcasting stations, studios, offices and towers.

(30) Railroad spur tracks.

(31) Research centers.

(32) Establishments for the manufacture of sheet metal products, ductwork and containers.

(33) Manufacture of corrugated-board, fiber and wire-bound shipping containers.

(34) Sign fabrication and painting shops.

(35) Establishments for the manufacture of tools, dies, hardware products and firearms.

(36) Trailer assembly establishments.

(37) Wholesale merchandising and storage warehouses, with the floor area devoted to warehousing and handling of merchandise limited to fifty thousand (50,000) square feet.

(38) Establishments for the manufacture of yarn, threads and cordage.

D. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) Storage of goods used in or produced by permitted commercial and industrial uses and related activities, subject to applicable district regulations.

(2) Auditoriums, lecture halls and recreation facilities primarily for employees in the district.

(3) A single-family dwelling accessory to a farm of ten (10) acres or more.

(4) Dwellings for residential watchmen and caretakers employed on the premises.

E. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Height, area and bulk requirements. Requirements for minimum lot area, yards and open space and maximum height are contained in the Table of District Regulations included at the end of this chapter.

G. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-46. LI-2 Light Industrial District.

A. Purpose. The purpose of this district is to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses which are appropriately located for access by major thoroughfares or railroads. Commercial uses and open storage of materials are permitted, but new residential development is excluded.

B. Permitted uses. A building or land shall be used only for the following purposes:

(1) General light industrial, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses listed; such listed uses are, generally, wholesale establishments, service industries and light industries that manufacture, process, store and distribute goods and materials and are, in general, dependent on raw materials refined elsewhere for treatment, as specified of the following products or similar products:

(a) Storage and sales of building materials, including cement, lime in bags and containers, sand, gravel, stone, lumber, structural and reinforcing steel, pipe and the like, open or enclosed, but not manufacture or steel fabricating or junk storage.

(b) Establishments containing concrete products and central mixing and proportioning plants.

(d) Establishments for grain blending and packaging but not milling.

(e) Ice manufacture, including dry ice.

(f) Establishments for the blending of insecticides, fungicides, disinfectants and related industrial and household chemical elements.

(g) Establishments for petroleum storage, with a combined total capacity of all tanks not exceeding thirty-six thousand (36,000) gallons. Such capacity may be increased with the specific approval of the Board of Appeals.

C. Permitted accessory uses. Permitted accessory uses shall be as follows:

(1) The storage of goods or materials used in or produced by permitted commercial and industrial uses and related activities, subject to applicable district regulations.

(2) A single-family dwelling accessory to a farm of ten (10) acres or more.

(3) Dwellings for resident watchmen and caretakers employed on the premises.

D. Permitted signs. Signs shall be subject to the general sign regulations of Article X of this chapter.

F. Additional regulations. The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:

(1) Article VII, Board of Appeals.

(2) Article VI, Supplementary Height, Area and Bulk Regulations.

(3) Article VIII, Conditional Uses.

(4) Article XI, Off-Street Parking.

(5) Article XII, Off-Street Loading Regulations.

~ 170-47. F-1 Floodway Zone. [Amended 11-16-1992 by Ord. No. 5-92]

A. Purpose. This zone is intended to reserve land subject to frequent flooding from development which could impede flows of water during floods and to prevent loss of life and excessive property damage in the areas of greatest flood hazard.

B. Permitted uses. See Chapter 81 of the Code of the Town of Chestertown for floodplain management regulations.

~ 170-48. Planned unit development.

A. General regulations. It is the intent of these regulations to control the placement, design, use and density of well-planned residential developments, which developments will offer a variety of building types and a more efficient overall use of land and, within these limits, permit the optimum amount of freedom and variety in the design and management of such varying types of residential structures, including one- and two-family units, townhouses and garden apartments within the areas designated. In connection with the intention of these regulations, the following objectives are sought to provide for the planned unit development:

(1) To provide a more attractive and varied living environment than would be possible through the strict application of the R-1, R-2, R-3 and R-4 District requirements.

(2) To encourage a more intimate, efficient and aesthetic use of open space.

(3) To encourage developers to use a more creative approach in the development of land.

(4) To encourage variety in the physical development pattern of residential areas.

B. Planned unit development requirements.

(1) Permitted uses. Planned unit developments are contemplated to be primarily residential in nature; however, planned unit developments of sufficient size and appropriate character may have certain limited commercial development which is incidental to the planned unit development and is intended primarily for the use of the residents of the planned unit development. Specifically permitted uses are as follows:

(a) Single-family detached dwellings.

(b) Multifamily dwellings, attached or detached, including, but not limited to, one- and two-family units, townhouses and garden-type apartments.

(d) An office, temporary or permanent, belonging to the developer and clearly incidental to management and sales operations of the planned unit development.

(e) Temporary structures incidental to construction.

(f) In planned unit developments of fifty (50) acres or more, commercial establishments of a convenience and service nature, with the express approval of both the Planning Commission and Board of Appeals. Such commercial establishments shall be an integral part of the plan for the planned unit development. The total aggregate area of all the commercial establishments and their parking areas shall not occupy more than five percent (5%) of the gross area of the planned unit development. Commercial areas shall be of the small-neighborhood-convenience type and may include laundry and dry-cleaning establishments, beauty parlors and barbershops and retail food establishments of less than three thousand five hundred (3,500) square feet. No commercial establishments shall be constructed until fifty percent (50%) of the total planned residential units are completed. Centers may include one (1) or more stores.

(g) Land and places for public assembly, recreation buildings, public buildings and accessory buildings or the reservation of lands for such uses as the Planning Commission may approve and/or require, if it is deemed that they are advantageous or necessary for the purpose of serving the planned unit development and local community.

(2) Location. Planned unit developments are conditional uses in the R-1, R-2, R-3 and R-4 Residential Districts. In general, a planned unit development is contemplated in residential zones where tracts of suitable location, size and character exist. The uses and structures proposed are to be planned and developed according to the requirements and procedures of this chapter. Planned unit developments shall be approximately located with respect to the general pattern of urban development, existing or proposed, and to existing public and private facilities and services.

(3) Computation of residential density.

(a) The total density in the planned unit development will not be greater than if conventionally developed. The total permitted dwelling units may be averaged over the entire planned unit development or clustered in various groupings. In an effort to provide a variety of housing types, sizes and costs, the formula for computing the residential density of a planned unit development shall be based on the number of bedrooms permitted per gross acre of development. The multiplier factor shall be three (3) (the average number of bedrooms per home built in a conventional development). [Amended 4-26-1976 by Ord. 2-76.]

Density Factors for Computing Total Units

Conventional Planned Unit

Development Standard Development

Zone (units per acre) Multiplier (bedrooms per acre)

R-1 2 3 6

R-2 4 3 12

R-3 6 3 18

R-4 12 3 36

(b) The Planning Commission may set the required mix of one- , two- or three-bedroom units that can be built within a planned unit development or its stages.

(4) Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, plazas, buildings or other structures shall be thirty-five percent (35%) of the gross land area of the planned unit development.

(5) Area. The proposed planned unit development shall, in no case, contain less than five (5) acres of land.

(6) Open space. Open space shall comprise not less than twenty-five percent (25%) of the gross area. All open space shall be designated for the common use of all occupants of the planned unit development, and at least seventy percent (70%) of such space shall be developed as recreational areas.

(7) Sanitary facilities. No planned unit development plan shall be approved unless the proposed development will be served by public water and sewer disposal systems, which shall be existing at the time the plan receives final approval. Satisfactory evidence must be furnished to the Planning Commission and the Board of Appeals that the existing town sewer and water system can handle the increased demands placed upon them by the proposed planned unit development and meet current Health Department requirements for standards of operation.

(8) Height requirements. The requirements shall be those set out in the Zoning Ordinance.

(9) Parking. At least two (2) usable off-street parking spaces shall be provided for each dwelling unit, either on the lot it occupies or within one hundred fifty (150) feet of such lot or of an apartment dwelling unit.

C. Administrative procedures.

(1) Preliminary application. Preliminary application shall be made to the Planning Commission, and the Planning Commission shall forward the application to the Board of Appeals for conditional approval of the planned unit development, and the application shall also include, but not be limited to, the following:

(a) Ten (10) copies of a general diagram showing the planned unit development's relation to the Town of Chestertown and major public access to the planned unit development.

(b) Ten (10) copies of a general plan setting forth preliminary information required by the Board of Appeals. Such information shall include, but not be limited to, the following:

[1] Proposed housing types, the total number of units, percentage of each type, general location of each type and elevations of each type.

[2] Proposed neighborhood convenience centers, their location, types of business(es), size of area(s) and elevations of each building type.

[3] Proposed open spaces, their size, their location, their uses and their proposed ownership (town and/or association).

[4] A general statement (public works agreement) concerning the provision of utilities.

[5] A statement of expected town responsibilities.

[6] A cost/benefit ratio of the proposed planned unit development for the town.

[7] A schedule of construction, showing a tentative timetable and staging of development.

[8] An application fee, paid by the applicant, as previously established by the town.

(c) The Board of Appeals shall hold a public hearing on the preliminary application. Notice of the public hearing before the Board of Appeals shall be given at least fifteen (15) days prior to the hearing by publishing the time, place and nature of the hearing in a newspaper having general circulation in the town. In addition, the Board shall cause the date, time, place and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the Board. The published and posted notices shall contain reference to the place or places within the town where the application may be examined.

(2) Preliminary site plan. The developer shall submit the following to the Planning Commission for its review after receiving conditional approval from the Board of Appeals:

(a) Ten (10) copies of a preliminary site plan. The preliminary site plan shall comply with the requirements of this Article and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Board of Appeals and the Planning Commission.

(b) The Planning Commission shall review the site plan for compliance with the requirements of this chapter. Before recommending approval of a site plan, the Planning Commission may make reasonable additional requirements, including, but not limited to, those which may be imposed by the Board of Appeals and especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening accessways, curb cuts, traffic control, height of buildings and setbacks of buildings to protect adjoining residentially zoned lots or other uses. The site plan shall be amended in accordance with the requirements of the Planning Commission before being submitted to the Board of Appeals with a recommendation for approval by the Planning Commission.

[1] The proposed title of the project and the name of the engineer, architect, designer or landscape architect, planner and developer.

[2] The North point, scale and date. The scale of the site plan shall be as follows:

[a] For projects containing more than two hundred (200) acres: not more than two hundred (200) feet to one (1) inch.

[b] For projects containing from fifty (50) acres to two hundred (200) acres: not more than one hundred (100) feet to one (1) inch.

[c] For projects containing more than ten (10) acres but less than fifty (50) acres: not more than fifty (50) feet to one (1) inch.

[d] For projects containing ten (10) acres or less: not more than twenty (20) feet to one (1) inch.

[3] The boundaries of the property involved; county and municipal boundaries; the general location of all existing easements and property lines; existing streets, buildings or waterways; and other existing physical features in or adjoining the project.

[4] The approximate locations and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in or near the project.

[5] Proposed changes in zoning, if any.

[6] The general location and character of construction of proposed streets; alleys; driveways; curb cuts; entrances and exits; parking and loading areas, including the number of parking and loading spaces; outdoor lighting systems; and storm drainage and sanitary facilities.

[7] The general location of proposed lots, setback lines and easements; and proposed reservations for parks, parkways, walkways, cycleways, playgrounds, school sites and open space.

[8] The location of buildings with respect to each other, to lot lines and to major excavations, these being drawn to scale, but full dimensioning is not required on the preliminary plan.

[9] The approximate height of proposed buildings and structures, accessory and main.

[10] Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

[11] The general location, height and material of all fences, walls, screen plantings and landscaping and the management thereof.

[12] The proposed location and character of nonresidential uses or commercial uses, accessory or main.

[13] The general location, character, size, height and orientation of proposed signs and the management thereof.

[14] A tabulation of the total number of acres in the project, gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.

[15] A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net as required by district regulations.

[16] A schedule of construction or timetable acceptable to the town.

[17] A statement, provided by the developer, detailing the means by which the planned unit development and all its various aspects shall be managed. This shall include deed restrictions and covenants designed to ensure the perpetuity of agreements.

[18] A complete topographic drawing of the proposed plan, provided by the developer, to be made acceptable to the Soil Conservation Service. Specific requirements will be obtained from the Soil Conservation Service office. The developer, after consultation with the Soil Conservation Service, will develop a complete sediment and stormwater control plan to be reviewed and approved by the Soil Conservation District.

[19] A management statement governing the construction, operation and maintenance of the following:

[a] Sanitary and storm sewers, water mains, culverts and other underground structures.

[b] Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, outdoor lighting systems and storm drainage and sanitary facilities.

[c] Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen plantings, landscaping and signs.

[20] Additional requirements for preliminary site plans as the Planning Commission may establish.

(d) After Planning Commission review and approval, the developer shall submit the amended site plan to the Board of Appeals for final approval.

(3) Final review and approval procedure.

(a) The Board of Appeals shall review the preliminary final site plan and other documents as finally approved and submitted by the Planning Commission.

(b) The Board of Appeals shall hold a public hearing in the manner required in Subsection C(1)(c) of this section.

(c) The Board of Appeals may approve or disapprove the proposed planned unit development. In granting approval, the Board shall secure the following:

[1] A surety bond or bonds, filed for/or deposited in escrow with the Board of Appeals, in an amount sufficient to insure the completion of all requirements as imposed by the Planning Commission and/or Board of Appeals. Such bond or bonds shall be reviewed annually and adjusted to reflect current costs.

[2] A prepared, filed and recorded final site plan in the form of a final plat. The final plat shall comply with the specifications of the Planning Commission and Board of Appeals and the requirements of this Article and applicable laws, regulations and ordinances governing the subdivision of land.

[3] Permits for building, which are issued in accordance with the schedule for construction approved by the Board of Appeals as part of the final approval.

(d) When a planned unit development is to be developed in stages, each stage shall be processed as a separate planned unit development after first submitting and receiving approval of a preliminary plat for the entire project.

(e) As part of the final approval, the Board of Appeals shall approve dates for initiation and completion of the planned unit development and/or its phases. Any departure from these dates shall constitute a material breach of contract and outstanding bonds can be called in. The Board of Appeals can waive for cause.

(4) Conflict with other Articles.

(a) The provisions of this section, when found to be in conflict with other provisions of the Chestertown Zoning Ordinance, shall supersede those other provisions with which they conflict.

(b) The provisions of this section, when found to be in conflict with other provisions of Chapter 148, Subdivision of Land, shall supersede those other provisions with which they conflict.

(5) Status of the Chestertown Zoning and Subdivision Ordinances. The Chestertown Zoning and Subdivision Ordinances shall fully apply to all planned unit developments, except as noted in this section.

~ 170-49. Planned redevelopment districts. [Added 4-26-1976 by Ord. No. 2-76; amended 11-19-1978 by Ord. No. 6-78]

A. General regulations. Planned redevelopment districts are intended to encourage sound and imaginative planning in previously developed areas of Chestertown. They shall allow a degree of deviation from the town's subdivision requirements and parking and bulk regulations so that maximum flexibility in these areas may be reached. A planned redevelopment district shall be a special exception in any zone. Uses shall continue to be restricted to those of the zone(s) falling within the district.

B. Administrative procedures.

(1) Planned redevelopment district initiation.

(a) Initiation of a planned redevelopment district shall be by recommendation of the Planning and Zoning Commission to the Mayor and Council of Chestertown. The Mayor and Council may then adopt this recommendation by resolution. The resolution shall include, but not be limited to, the following:

[1] A statement of need for a planned redevelopment district.

[2] A written metes and bounds description of the area to be included in the redevelopment district, and a plat shall also accompany this description.

[3] A statement of objectives to be achieved by a planned redevelopment district.

[4] A statement directing the Chestertown Planning and Zoning Commission to initiate the development of a plan for the redevelopment district.

(b) Upon passage of the resolution by the Mayor and Council, it shall be advertised once, with a map delineating the proposed planned redevelopment district, in a local newspaper.

(2) Planned redevelopment district project plan development.

(a) The Planning and Zoning Commission, working with the property owners, tenants and other interested persons, shall develop a project plan for the planned redevelopment district that will meet the requirements, if any, of the initiating resolution. The plan of the planned redevelopment district shall include, but not be limited to, the following:

[1] The initiating resolution of the Mayor and Council.

[2] A plat showing the location of the planned redevelopment district relative to surrounding areas of the town.

[3] A plat showing existing uses within the planned redevelopment district and on all land adjoining the district, including all public lands and rights-of-way.

[4] A plat indicating the quality of existing structures within a planned redevelopment district.

[5] A plat showing proposed property lines within the planned redevelopment district.

[6] A description of any deviation(s) from the subdivision regulations, with the factual basis for the finding that the subdivision regulations are impractical arising from the nature and character of the area.

[7] A plat showing the proposed use of each parcel of land in the planned redevelopment district.

[8] A plat indicating all public lands and rights-of-way within the planned redevelopment district.

[9] A general statement concerning provision of utilities.

[10] A detailed statement of expected town responsibilities, to include all financial, legal and planning activities.

(b) Upon completion of the planning redevelopment district project plan, the Planning Commission shall forward the plan to the Board of Appeals as a special exception.

(3) Approval of planned redevelopment district plan.

(a) The Board of Appeals shall review the planned redevelopment district project plan and other documents as finally approved and submitted by the Chestertown Planning and Zoning Commission. The Board of Appeals shall rule only on those areas within the statutory scope of its authority.

(b) The Board of Appeals shall hold a public hearing on the proposed planned redevelopment district plan. Notice of the public hearing before the Board of Appeals shall be published once at least fifteen (15) days prior to the hearing by publishing the time, place and nature of the hearing in a newspaper having general circulation in the town. The published notices shall contain reference to the place or places within the town where the application may be examined. The Board of Zoning Appeals, in making its decision, shall be guided by the standards set forth in this chapter and also give consideration as to whether:

[1] The plans for the development are in general conformance with all elements of the Comprehensive Plan for the town and the character and nature of existing and contemplated development in the vicinity of the proposed development.

[2] The development will preserve unusual topographic or natural features of the land.

[3] The design of the development will best utilize and be compatible with the topography of the land.

[4] The physical characteristics of the development will not adversely affect future development or the value of undeveloped neighboring areas or the use, maintenance and value of neighboring areas already developed.

[5] The development will secure for its residents and neighboring residents substantially the same benefits with respect to availability of light, air, open space and street access as would be provided by the application of the appropriate district regulations.

[6] The development will secure for its residents and neighboring residents substantially the same protection from fire, health hazards and other dangers as would be provided by application of the appropriate district regulations.

[7] The development will permit design features that would not be possible by application of the appropriate district regulations.

[8] Upon recommendation (acceptance) of the development plans by the Planning Commission, the above standards shall be applied in lieu of any requirement of a finding of hardship.

(4) Historical area provision. Nothing in this section shall relieve any part from the requirements of the Historic District provisions of this chapter.

(5) Community redevelopment projects. A community redevelopment project shall comply with all additional regulations as may be applicable under federal and state law. Future amendments to the law shall prevail over the provisions of this chapter.

C. Implementation. The approval of the Board of Appeals of the planned redevelopment district will enable the Planning and Zoning Commission to begin the implementation of the plan. Approval by the Board of Appeals of the planned development project provides approval of all changes in the plan, and the Planning and Zoning Commission is then directed to supervise the implementation of the project according to the plan.

D. Deviation from compliance with subdivision regulations. In cases where subdivision or resubdivision of lands is necessary to accomplish the purposes of the planned redevelopment district, the subdivision regulations of the town apply unless the application of the regulations is impractical arising from the character and nature of the planning redevelopment district. A deviation from the subdivision regulations may be made upon a finding that the subdivision regulations would not be practical, stating specifically the factual basis for such deviation. The standards set forth in Subsection B(3)(b) of this section shall also be used as considerations in determining whether subdivision deviations may be made.

ARTICLE VI

Supplementary Height, Area and Bulk Regulations

~ 170-50. Applicability.

The regulations set forth in this Article qualify or supplement the district regulations appearing elsewhere in this chapter.

~ 170-51. Requirements for mixed uses.

A. Where more than twenty-five percent (25%) of the total floor area of any building in a commercial district, except C-1 or C-2 Districts, is used for dwelling purposes and such building may also contain nonresidential uses, the minimum height, area and bulk requirements for residential development applicable in the district in which such building is located shall apply, subject to the side yard modification for mixed uses contained elsewhere in this Article. Where twenty-five percent (25%) or less of the total floor area of such building is used for dwelling purposes, the building shall be subject to the height, area and bulk requirements applicable to nonresidential buildings in the district.

B. In the C-2 Commercial District, residential and professional office uses, including medical offices, shall be considered accessory uses regardless of the percent of the building occupied, provided that the entire first floor, except entryways and vestibules, is a permitted commercial use as specified in ~ 170-42B of this chapter. Setbacks and yard requirements shall be those of the commercial use, provided that the appropriate building codes are adhered to in the designing and constructing of the residential areas.

~ 170-52. Modification of height regulations.

A. Except within an area defined as an Airport Approach Zone by the Federal Aviation Agency, the height limitations of this chapter shall not apply to the following:

(1) Belfries.

(2) Chimneys.

(3) Public monuments.

(4) Church spires.

(5) Conveyers.

(6) Cooling towers.

(7) Elevator bulkheads.

(8) Fire towers.

(9) Flagpoles.

(10) Ornamental towers and spires.

(11) Water towers and standpipes.

(12) Commercial radio and television towers less than one hundred twenty-five (125) feet in height.

(13) Silos.

(14) Smokestacks.

(15) Stage towers or scenery lofts.

(16) Tanks.

B. Except within an area defined as an Airport Approach Zone by the Federal Aviation Agency, public, semipublic and public service buildings, hospitals, institutions and schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet and churches and temples erected to a height not exceeding seventy-five (75) feet when all required setbacks are each increased by at least one (1) foot for each one (1) foot of additional building height above the height regulations for the district in which the building is located.

C. Notwithstanding any other provisions of this chapter, no places of public assembly, including, but without limitation, schools, churches, hospital, theaters and assembly halls, shall be erected or otherwise located within any area which would be classified as an Airport Approach Zone and within a distance of eleven thousand (11,000) feet from the end of any airport runway.

~ 170-53. Applicability of requirements for lot area per family.

A. If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to such lot and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations and restrictions to the premises and if such lot does not conform to the requirements of such regulations and restrictions as to the width of lots and lot area per family, the provisions of such regulations and restrictions on lot area per family and lot width shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.

B. Requirements for lot area per family do not apply to dormitories, fraternities, sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

C. Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge or tourist home or to rooms in a rooming, boarding- or lodging house.

~ 170-54. General requirements for yards and open space.

A. Whenever a lot abuts upon a public alley, one-half (1/2) of the alley width may be considered as a portion of the required yard.

B. Where these regulations refer to side streets, the Administrator shall be guided by the pattern of development in the vicinity of the lot in question in determining which of two (2) streets is the side street.

C. Every part of a required yard shall be open to the sky, except as authorized by this Article and except that the ordinary projections of sills, belt courses, window air-conditioning units, chimneys, cornices and ornamental features may project to a distance not to exceed twenty-four (24) inches into a required yard.

D. Location or erection of buildings.

(1) More than one (1) main building may be located upon a lot or tract in the following instances:

(a) Institutional buildings.

(b) Public or semipublic buildings.

(d) Commercial or industrial buildings.

(e) Homes for the aged.

(2) The provisions of this exception shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

E. In the event that a lot may be occupied by a group of two (2) or more related buildings to be used for residential purposes, there may be more than one (1) main building on the lot when such buildings are arranged around a court, provided that said court, between buildings that are parallel, shall have a minimum width of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for buildings of three (3) stories or more, and in no case may such buildings be closer to each other than fifteen (15) feet.

F. Where a building surrounds a court by more than fifty percent (50%), the minimum width of the court shall be at least thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for three-story buildings.

~ 170-55. Front yard depth.

A. A corner lot will be considered to have two (2) fronts and two (2) sides, with no rear. The fronts will face the streets which form the corner. However, the buildable width of a lot of record at the time of passage of this chapter shall not be reduced to less than twenty-eight (28) feet. [Amended 3-6-1995 by Ord. No. 1-95]

B. On through lots, the required depth of a front yard shall be provided on each street.

C. Open, unenclosed porches, decks, platforms or paved terraces not covered by roofs or canopies and which do not extend above the level of the first floor of the building may extend or project into the front or side yard not more than six (6) feet. [Amended 3-6-1995 by Ord. No. 1-95]

D. Where twenty-five percent (25%) or more of the street frontage or where twenty-five percent (25%) or more of the street frontage within four hundred (400) feet of the property in question is improved with buildings that have a front yard, with a variation of six (6) feet or less, that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a depth of front yard of more than fifty percent (50%) in excess of the required front yard in the district in which the lot is located shall not be required. Where forty percent (40%) or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

~ 170-56. Side yard requirements.

A. On a corner lot in any district, the side yard width adjacent to the side street shall be at least equal to the minimum front yard depth required for the district; provided, however, that the buildable width of a lot of record at the time of passage of this chapter shall not be reduced to less than twenty-eight (28) feet.

B. The height of fences on a corner lot shall be the same as the front yard heights allowed on the street where the building fronts and the side yard heights on the street adjacent to the side of the building starting at the rear of the building.

C. For the purpose of the side yard regulations, a group of business or individual buildings separated by common or party walls shall be considered as one (1) building occupying one (1) lot.

D. The minimum width of side yards for schools, libraries, churches, community houses and other public and semipublic buildings in residential districts shall be as required for the district in which the building is to be located, such requirements being indicated in the Table of District Regulations included at the end of this chapter. [Amended 3-6-1995 by Ord. No. 1-95]

~ 170-57. Rear yard projections. [Amended 3-6-1995 by Ord. No. 1-95]

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than five (5) feet but only where the same are so placed as not to obstruct light and ventilation. Open unenclosed porches, platforms, decks or paved terraces not covered by roofs or canopies and which do not extend above the level of the first floor of the building may extend or project into the rear or side yard not more than six (6) feet.

~ 170-58. Corner visibility requirements.

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three (3) feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty (20) feet distant from the intersection of the street lines.

~ 170-59. Restrictions for accessory buildings and structures.

A. Except as herein provided, no accessory building shall project beyond a required front yard line along any street.

B. Filling station pumps and pump islands may occupy the required yards, provided that they are not less than fifteen (15) feet from street lines.

C. An ornamental fence or wall not more than three and one-half (31/2) feet in height may project into or enclose any required front or side yard to a depth from the street line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards, provided that such fences and walls do not exceed a height of seven (7) feet.

D. Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided that they are not located closer than six (6) feet to a rear lot line or ten (10) feet to an interior side lot line. A walk space at least three (3) feet wide shall be provided between pool walls and protective fences or barrier walls. Every swimming pool shall be protected by a safety fence or barrier approved by the Administrator.

E. Permitted accessory storage of a boat, boat trailer or camp trailer shall not be conducted in a front yard.

F. Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a side or rear yard, provided that such accessory building does not occupy more than thirty percent (30%) of the area of the required rear yard and provided that it is not located closer than five (5) feet to the rear lot line nor closer than three (3) feet to a side lot line. [Amended 3-6-1995 by Ord. No. 1-95]

G. Ornamental, reflective or fish ponds are permitted in side and rear yards only. If the side or rear yard is not completely enclosed by a fence three (3) feet or higher, then the pond itself must be surrounded by a protective three-foot fence. [Added 11-16-1992 by Ord. No. 5-92]

~ 170-60. Special regulations for two-family and townhouse dwellings.

A. Each dwelling unit of a two-family dwelling must comply with the minimum lot area per dwelling unit specified in the Table of District Regulations included at the end of this chapter.

B. The dwelling units and individual lots of a two-family dwelling or townhouse may be sold separately if separate utility systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with the applicable regulations and standards governing the subdivision of land.

C. [Added 11-16-1992 by Ord. No. 5-92] The following regulations shall apply to townhouses in any district where townhouses are permitted:

(1) The townhouse building shall comply with minimum lot requirements contained in the Table of District Regulations included at the end of this chapter, but each dwelling unit of a townhouse building need not be located on a lot complying with requirements for minimum lot area per family in the table, provided that the average for all dwelling units in the building equals or exceeds the minimum requirements and provided that no lot is created with a lot area of less than two thousand (2,000) square feet.

(2) Lot frontage, measured at a building line, for individual dwelling units of a townhouse may be reduced to not less than eighteen (18) feet. Lot width for end units shall be adequate to provide required front and side yards.

(3) For the purpose of the side yard regulations, a townhouse building shall be considered as one (1) building on one (1) lot, with side yards required for end units only, in accordance with the Table of District Regulations included at the end of this chapter.

(4) Unless otherwise restricted by district regulations, not more than eight (8) dwelling units should be included in any one (1) townhouse building.

(5) If nonpublic areas for the common use and enjoyment of occupants of townhouses are provided but are not in individual ownership by such occupants, they shall be maintained in a satisfactory manner without expense to the general public. The Planning Commission shall seek any advice necessary to ensure compliance with this provision.

(6) Required off-street parking space at one and one-half (11/2) spaces per dwelling unit may be provided on the lot or within one hundred fifty (150) feet of the lot.

(7) A site plan complying with the requirements of Article II of this chapter shall accompany an application for approval of a townhouse development.

ARTICLE VII

Board of Appeals

~ 170-61. Establishment; procedures for the conduct of business.

A. Membership; terms. The Board of Appeals is hereby created. The Board shall consist of three (3) members. The members shall be appointed by the Mayor and confirmed by the Town Council, and they shall become removable for cause upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Of the members first appointed, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years. Thereafter, members shall be appointed for terms of three (3) years each. The Mayor and Council shall designate two (2) alternate members for the Board, who may be empowered to sit on the Board in the absence of any member of the Board. When the alternates are absent, the Mayor and Council may designate a temporary alternate.

B. Adoption of rules of procedures. The Board shall adopt rules for the conduct of its business, such rules to be made available to the public. For the conduct of any hearing, a quorum shall be not less than two (2) members, and an affirmative vote of two (2) members of the Board shall be required to overrule any decision, ruling or determination of the official charged with the enforcement of this chapter or to approve any special exception or variance. All meetings of the Board shall be open to the public.

C. Maintenance of minutes and records. The Board shall keep minutes of its proceedings and other official actions, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. The Chairman of the Board or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.

~ 170-62. Powers and duties.

The Board of Appeals shall have the following powers:

A. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Article or of any ordinance adopted pursuant thereto.

B. To hear and decide applications for conditional uses upon which such Board is required to pass under such ordinances.

C. To authorize, upon appeal in specific cases, a variance from the terms of the ordinance.

D. The Zoning Administrator shall have the power to refer any matter to the Zoning Board of Appeals for clarification, interpretation or ruling, including those matters usually brought before the Board by other persons.

E. Other powers of the Board. Throughout this chapter, reference is made to other powers of the Board.

~ 170-63. Procedures for filing applications and appeals; hearings.

A. Applications for conditional uses and variances. Applications for conditional uses and variances may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the Administrator in accordance with rules adopted by the Board. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the Board, who shall place the matter on the docket, advertise a public hearing thereon and give written notice of such hearing to the parties in interest. The Administrator shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the Board or appear as a party at the hearing. [Amended 3-6-1995 by Ord. No. 1-95]

B. Appeals. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the Administrator. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the Administrator and with the Board a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board or by a court of record on application and on notice to the Administrator and on due cause shown.

C. Public notice of hearing required; time limit for decision. The Board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within sixty (60) days following the hearing. Upon the hearing, any party may appear in person or by agent or by attorney. Public notice of a hearing shall consist of a publication, at least fifteen (15) days prior to the hearing, in a newspaper of general circulation in the town, which specifies the time, place and nature of the hearing. In addition, the Board shall cause the date, time, place and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the Board. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Administrator.

ARTICLE VIII

Variances and Conditional Uses

~ 170-64. Purpose.

The purpose of this Article is to provide for certain uses which cannot be well adjusted to their environment in particular locations, while offering full protection to surrounding properties by rigid application of the district regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of its relationship to the Comprehensive Plan and possible impact not only on neighboring properties but on a large section of the town, these uses require the exercise of planning judgment on location and site plan.

~ 170-65. Application requirements; approval procedures.

A preliminary site plan complying with the requirements of Article II of this chapter shall accompany an application for approval of a variance or conditional use under this Article, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use and approval and amendment of site plans are contained in this Article of this chapter. (See ~ 170-73.)

~ 170-66. Revocation of permits.

Permits issued under a variance or conditional use approval may be revoked by the Administrator for failure to comply with the conditions of approval or applicable regulations.

~ 170-67. Variances. [Added 11-16-1992 by Ord. No. 5-92; amended 3-6-1995 by Ord. No. 1-95]

A. The Board shall have the power to grant variances from the yard, height, parking and area requirements of this chapter, so as to relieve practical difficulties or unnecessary hardships arising out of the strict application of the provisions of the chapter. The Board shall grant the variance based on the criteria listed in Subsection B. In granting such variances, the Board may consider unusual characteristics of size, shape or topography of a property as well as any similar or shared conditions, setbacks or characteristics on adjacent or neighboring properties.

B. In order to grant a variance, the Board must find all of the following:

(1) That the variance will not cause a substantial detriment to adjacent or neighboring property.

(2) That the variance will not change the character of the neighborhood or district.

(3) That the variance is consistent with the Comprehensive Plan and the general intent of this chapter.

~ 170-68. Approvals limited by conditions.

Where conditional uses or variances are approved, the Board may impose conditions it deems necessary.

~ 170-69. Lapse of approvals.

After the Board of Appeals has approved a conditional use or granted a variance, the conditional use or variance so approved or granted shall lapse after the expiration of one (1) year, if no substantial construction or change of use has taken place in accordance with the plans for which a conditional use or variance was granted or if the Board does not specify some longer period than one (1) year for good cause shown, and the provisions of these regulations shall thereafter govern.

~ 170-70. Amendment procedures.

The procedure for amendment of a conditional use or variance already approved or a request for a change of conditions attached to an approval shall be the same as for a new application, except that where the Administrator determines the change to be minor relative to the original approval, he may transmit the same to the Board with the original record without requiring that a new application be filed.

~ 170-71. Preexisting conditional uses.

Any conditional use listed in ~ 170-74 of this chapter which is legally existing at the effective date of the regulations of this Article shall be considered a nonconforming use. Owners of property with conditional uses which existed prior to the effective date of this regulation may apply to the Board of Appeals for conditional use status.

~ 170-72. Appeals.

Appeals to courts from a decision of the Board may be filed in the manner prescribed by law.

~ 170-73. Procedures for conditional use approvals.

A. The procedures for approval of a conditional use are the same as those prescribed for changes and amendments as set forth in ~ 170-65 of this chapter and, in addition, the procedures and requirements for approval of site plans as set forth below, together with applicable laws, regulations and ordinances governing the subdivision of land.

B. Where the provisions of this chapter require the submittal of site plans for a conditional use, the following regulations shall apply:

(1) Five (5) copies of a preliminary site plan shall be filed with the Board of Appeals. The preliminary site plan shall comply with the requirements of this Article and shall be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Board of Appeals.

(2) The Planning Commission shall review the site plan for compliance with the requirements of this chapter. The Planning Commission may make reasonable additional requirements, including, but not limited to, those which may be imposed by the Board of Appeals under this Article of this chapter, especially requirements as to utilities, drainage and the landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, heights of buildings and setbacks of buildings necessary to protect adjoining uses. The site plan shall be amended in accordance with the requirements of the Planning Commission before being submitted to the Board of Appeals for its consideration. The Planning Commission shall forward to the Board of Appeals the application for approval of the site plan, supporting documents and the site plan along with the Planning Commission's recommendation.

(3) Following approval by the Board of Appeals, a final site plan in the form of a final plat shall be prepared, filed and recorded. This final plat shall comply with the specifications of the Board of Appeals, the requirements of this Article and applicable laws, regulations and ordinances governing the subdivision of land. Permits shall be issued in accordance with the approved, filed and recorded plat.

(4) If required by the Board of Appeals, a surety bond shall be filed for or deposited in escrow with the town in an amount sufficient to insure the completion of such requirements as may be imposed by the Board of Appeals.

~ 170-74. Conditional uses enumerated.

A. The following buildings, structures and uses shall be approved by the Board of Appeals, pursuant to this Article of this chapter, as conditional uses in all districts, except as otherwise provided in accordance with the procedures and standards of this Article, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided for the protection of surrounding property, persons and neighborhood values; and further provided that the additional standards of this Article are complied with. Unless otherwise specified in this Article or specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district in which the conditional use is located. [Amended 4-26-1976 by Ord. No. 2-76]

B. Conditional uses.

(1) Boathouses, piers and bulkheads. The following regulations shall apply to accessory boathouses and boat slips in residential districts:

(a) A boathouse may not be used as a dwelling, guest house or servants' quarters unless specifically permitted by other sections of this chapter.

(b) The height of a boathouse shall not exceed twenty (20) feet above mean high-water level.

(d) No boathouse shall be built closer than ten (10) feet to a side lot line.

(e) Boathouses and boat slips, together with other accessory buildings, may occupy no more than thirty-five percent (35%) of a required rear yard.

(f) The following additional regulations shall apply to boat docks, piers and wharves, accessory or nonaccessory, in any district:

[1] The projection of docks, wharves and piers into waterways beyond the waterway line, lot lines or established bulkhead lines or the placing of mooring piles or buoys shall be limited by applicable town ordinances and state laws and applicable regulations of the United States Army Corps of Engineers, and in no case shall a dock, wharf, pier or pile project into more than ten percent (10%) of the width of the waterway.

[2] Groins, levees, bulkheads, pilings, breakwaters and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the town or state and the United States Army Corps of Engineers.

(2) Bus terminals, C-1, LI-1 and LI-2 Districts.

(3) Carwashes and automobile laundries, automatic or otherwise, which provide reservoir space for not less than ten (10) vehicles for each washing lane of an employee-operated facility in the C-1, LI-1 and LI-2 Districts.

(4) Cemeteries, including a crematorium, provided that:

(a) The minimum area of the cemetery shall be ten (10) acres, unless associated with a church or limited to use by a family.

(b) Arrangements are made satisfactory to the Town Attorney for perpetual maintenance of the cemetery.

(5) Cemeteries for pets, provided that:

(a) The minimum area of the cemetery shall be five (5) acres.

(b) Arrangements are made satisfactory to the Town Attorney for perpetual maintenance of the cemetery.

(6) Churches, rectories, parish houses, convents and monasteries, temples and synagogues.

(7) Commercial greenhouses, wholesale or retail. [Amended 11-16-1992 by Ord. No. 5-92; 3-6-1995 by Ord. No. 1-95]

(8) Convalescent homes, nursing homes or homes for the aged.

(9) Day nurseries or child-care centers.

(10) Docks, piers, bulkheads and other overwater structures, except private overwater piers and boathouses accessory to a dwelling.

(11) Exposition centers, but not in residential districts. [Amended 11-16-1992 by Ord. No. 5-92]

(12) Golf courses, not lighted for night play, including miniature golf courses, putting greens, driving ranges and similar activities operated as a business and including a building for a golf shop, locker room and snack bar as an accessory use to a permitted golf course, provided that no such building is located closer than one hundred (100) feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least seventy-five (75) acres.

(13) Heliports and helistops, but not in residential districts except as an accessory use for hospitals and public safety facilities. [Amended 11-16-1992 by Ord. No. 5-92]

(14) Hospitals and sanatoriums but not animal hospitals.

(15) Educational or philanthropic institutions, including museums, art galleries and libraries, or semipublic, governmental or public buildings not otherwise listed, including fire stations and other public safety facilities. [Amended 11-16-1992 by Ord. No. 5-92]

(16) Marinas and yacht clubs, provided that:

(a) The marina or yacht club complies with all other codes, regulations, laws and ordinances, including those relating to the establishment of bulkhead lines.

(b) The proposed design is satisfactory with regard to such safety features as the location of fueling points, the fuel storage effect on navigation and possibilities for water pollution.

(d) The necessary approval is obtained from the United States Army Corp of Engineers.

(17) Mobile home parks, provided that:

(a) A mobile home park is not a permitted use in Districts R-1, R-2 and R-3. [Amended 11-16-1992 by Ord. No. 5-92]

(b) Access to the mobile home park shall be from a major thoroughfare; the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; no mobile home space shall be designed for direct access to a street outside the boundaries of the mobile home park; and the interior access drives shall be properly lighted and at least thirty (30) feet in width of right-of-way, hard-surfaced and maintained at least twenty (20) feet in width in accord with applicable town specifications and ordinances.

(c) The topography of the site shall be such as to facilitate rapid drainage, and adequate drainage facilities shall be provided.

(d) The minimum width and/or depth of the mobile home park shall be two hundred (200) feet, and the minimum total area of the mobile home park shall be five (5) acres, except that the minimum area may be two (2) acres where the proposed park is to be located adjacent to an existing mobile home park containing an area of five (5) acres or more.

(e) The minimum area for a mobile home site for parking one (1) home shall be four thousand (4,000) square feet, with no dimension less than forty (40) feet and with corners of each site visibly marked and numbered by a permanent marker.

(f) In addition to the requirement of Subsection B(17)(d) above, the mobile home park shall contain at least one thousand (1,000) square feet per mobile home for community facilities, including play space, utility rooms, parking and access roads.

(g) The mobile home park shall be surrounded by a landscaped strip of open space fifty (50) feet wide along the street frontage of a major street or major highway and thirty-five (35) feet wide along all other lot lines or street frontage, the specific type of landscaping being subject to approval by the Planning Commission and the Board of Appeals.

(h) No mobile home shall be parked closer than twenty-five (25) feet to any other mobile home or service building, and no part of a mobile home shall extend closer than five (5) feet to the boundaries of the individual mobile home site.

(i) Off-street parking spaces for automobiles shall be hard-surfaced and provided in the ratio of one and one-half (11/2) spaces per mobile home and in locations convenient to individual groups of mobile homes.

(j) In a residential district, accessory signs, in addition to internal directional signs, shall be limited to one (1) flat or detached, nonilluminated or indirectly illuminated sign, with sign area limited to ten (10) square feet and sign height not exceeding five (5) feet.

(k) The mobile home park shall be served by public water supply and sanitary sewers, subject to approval by the town. Proper provision shall be made for electrical connections, fire protection and refuse collection.

(l) The proposed mobile home park shall comply with all provisions of this chapter and state and local laws and regulations.

(m) Service or utility buildings are permitted within the park for use as postal, mobile home supply and mobile home park offices; provided, however, that all use of the facilities shall be designed for occupants of the park.

(n) Leasing arrangements, as well as rules and regulations set by the mobile home management, are subject to approval by the Planning Commission and the Board of Appeals.

(18) Planned unit developments.

(19) Private clubs.

(20) Undertaking establishments.

(21) [Amended 11-16-1992 by Ord. No. 5-92] Recreational uses, such as those listed below, but not in Districts R-1, R-2 or R-3:

(a) Commercially operated swimming, tennis and athletic clubs, provided that the facilities shall be limited to those games and uses, such as swimming, shuffleboard, croquet or tennis. Activity areas and buildings shall not be located closer than twenty-five (25) feet to any lot line.

(b) Tennis courts, swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes, provided that no such use, structure or accessory use is located closer than fifty (50) feet to any adjoining property line, unless such property line fronts a public street or waterway with rights-of-way not less than twenty-five (25) feet, in which instance the required setback need not exceed twenty-five (25) feet, and provided, further, that all such facilities must be located on a site having a minimum of two (2) acres.

(22) Riding academies, public stables or private stables but not in any residential district. [Amended 11-16-1992 by Ord. No. 5-92]

(23) Rooming, boarding- and lodging houses, bed-and-breakfasts. [Amended 11-16-1992 by Ord. No. 5-92]

(24) Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision, the time period to be determined by the Board of Appeals.

(25) Any use not specifically named in these regulations, subject to a determination, in cases of uncertainty, of the district classification; provided, however, that such use shall be in keeping with uses specifically permitted in the districts in which such use is to be classified.

(26) Community redevelopment projects. [Added 4-26-1976 by Ord. No. 2-76]

ARTICLE IX

Nonconforming Uses

~ 170-75. Nonconforming use of land or buildings.

Except as otherwise provided herein, the use of land or buildings existing on January 1, 1974, may be continued although such use does not conform to the provisions hereof, subject to the provisions of ~ 170-84 of this chapter. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or a building has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of the enactment of this chapter.

~ 170-76. Nonconforming signs.

Where any sign does not comply with the provisions of this chapter, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, repainted or relighted except in compliance with the provisions of this chapter and may continue in use until December 31, 1976, subject to earlier removal under other provisions of this chapter. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as a loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premises on which there are any nonconforming signs.

~ 170-77. Discontinuance of nonconforming uses.

No building or portion thereof used, in whole or in part, for a nonconforming use in a residential district which remains idle or unused for a continuous period of two (2) years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

~ 170-78. Restoration and continuance of damaged nonconforming uses.

No building which has been damaged by any cause whatsoever to the extent of more than fifty percent (50%) of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this chapter, and all rights as a nonconforming use shall be terminated. If a building is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction is substantially completed within twelve (12) months of the date of such damage.

~ 170-79. Intermittent or temporary use of nonconforming uses; partial use of lots or tracts.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

~ 170-80. Existence of nonconforming uses; determination of classification in disputes.

Whether a nonconforming use exists shall be a question of fact; and in case of a dispute between the property owner and the Planning Commission, the question of the classification of use shall be decided by the Board of Appeals after public notice and hearing and in accordance with the rules of the Board.

~ 170-81. Alteration or extension of buildings nonconforming in height, area or bulk only.

A building nonconforming only as to height, area or bulk requirements may be altered or extended, provided that such alteration or extension does not increase the degree of nonconformity in any respect.

~ 170-82. Application of height, area or bulk regulations to nonconforming dwelling uses in industrial districts.

A dwelling nonconforming as to use in an industrial district shall be considered as a conforming use in application of the height, area and bulk requirements of this chapter.

~ 170-83. Certificate of nonconforming status required.

A certificate of nonconforming status shall be required for all nonconforming uses and signs. An application for a certificate of any nonconforming use shall be filed with the Administrator by the owner or his agent within twelve (12) months from the effective date of adoption of this chapter.

~ 170-84. Termination of certain nonconforming uses.

Certain nonconformities shall be terminated in accordance with the following provisions:

A. Within not more than two (2) years from the effective date of this chapter or an amendment of this chapter by which a use becomes nonconforming, the right to maintain any nonconforming junkyard shall terminate, and such nonconformity shall no longer be operated or maintained and must be removed.

ARTICLE X

Sign Regulations

[Amended 4-26-1982]

~ 170-85. General requirements.

A. Permit requirements; inspection; fees. No sign, unless herein excepted, shall be erected, constructed, posted, altered or relocated except as provided in this Article and these regulations and until a permit has been issued by the Administrator. Before any permit is issued, an application especially provided by the Administrator shall be filed, together with three (3) sets of drawings and/or specifications, one (1) set to be returned to the applicant, as may be necessary to fully advise and acquaint the Administrator with the location, construction, materials, manner of illumination and/or securing or fastening, number of signs applied for and the wording of the sign or advertisement to be carried on the sign. All signs which are electrically illuminated shall require a separate electrical permit and inspection. All signs shall be erected on or before the expiration of one hundred eighty (180) days from the date of issuance of the permit; otherwise, the permit shall become null and void and a new permit shall be required. No sign shall be approved for use unless it has been inspected by the department issuing the permit and it is found to be in compliance with all requirements of this chapter and applicable technical codes. Fees for sign permits shall be in accordance with the schedule adopted by ordinance, a copy of which is maintained in the office of the Administrator.

B. Location. No sign, portable or otherwise, is to be placed or located to conflict with vision, clearance or other requirements of applicable traffic ordinances.

C. Number of permanent signs limited. Except as otherwise provided, these regulations shall be interpreted to allow one (1) permanent sign per occupancy. The combined sign area per store frontage may not exceed the smaller of the area permitted by the building's frontage length or the maximum sign area permitted by the zoning district.

D. Permitted signs for nonconforming business, commercial or industrial uses in residential districts. Permitted signs for a nonconforming business, commercial or industrial use in a residential district shall consist of those signs permitted in the B-1 Neighborhood Business District.

E. All signs subject to nonconforming use regulations. Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of Article IX, which governs nonconforming uses.

F. Additional freestanding-type signs permitted under certain conditions. In cases where a single property extends from parallel street to parallel street and the sign on the front cannot be seen from the rear, an additional sign of the freestanding type is allowed, the height of which cannot exceed seven (7) feet and the square footage of which cannot exceed ten (10) square feet.

G. Historic District signs. Prior to the issuance of a permit for the erection of a sign in the Historic District, a historic review certificate must be obtained. The salient factor to be considered in granting a historic review certificate for a sign in the Historic District is that the sign shall be compatible with the character of the building and its surroundings.

~ 170-86. Definitions.

For the purpose of this Article, certain terms and words pertaining to signs are hereby defined. The general rules of construction contained in Article III of this chapter are applicable to these definitions. The following terms shall have the meanings indicated:

ACCESSORY SIGN -- A sign relating only to uses of the premises on which the sign is located or products sold on the premises on which the sign is located or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located. The size of the sign shall not exceed one (1) square foot and must be mounted flat against the building.

DETACHED SIGN -- A sign not attached to or painted on a building but which is affixed to the ground. A sign attached to a flat surface, such as a fence or wall, not a part of a building shall be considered a "detached sign."

DOUBLE-FACED SIGN -- A sign with two (2) parallel or nearly parallel faces, back to back, and located not more than twenty-four (24) inches from each other.

ENTRY-SERVED STOREFRONT -- It shall be recognized when a business occupies a ground floor space and has an entrance leading directly into the place of business from the front of a building.

FLASHING SIGN -- An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a "flashing sign."

FLAT SIGN -- Any sign attached to and erected parallel to the face of or erected or painted on the outside wall of a building and supported throughout its length by such wall or building and not extending more than nine (9) inches from the building wall. Such sign shall not exceed the square-foot limit applicable in the particular district involved. The sign must be oriented so as to be read from a point perpendicular to the building.

ILLUMINATED SIGN -- Any sign designed to give forth artificial light or designed to reflect light from one (1) or more sources of artificial light erected for the purpose of providing light for the sign.

INDIRECTLY ILLUMINATED SIGN -- A sign which does not produce artificial light from within but which is backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself.

INTERNALLY LIGHTED, TRANSLUCENT SIGN -- A sign of translucent nontransparent material which is illuminated from within but has no exposed or exterior bulbs, tubes or other light sources.

MANSARD-ROOF SIGN -- A one-sided sign mounted on the mansard or false mansard roof. For purposes of this chapter, a "mansard roof" is a double-sloped roof whose lower section rises steeply. A "false mansard roof" consists of a roofed surface attached high on the walls of a low-pitched or flat-roofed building that attempts to give the illusion of a true structural mansard roof.

MARQUEE SIGN -- A sign attached to a canopy or covering structure projecting from and attached to a building.

OCCUPANCY -- Business conducted by an individual or group of individuals engaged in the sale of more than one (1) kind of merchandise or service shall not be interpreted as more than one (1) "occupancy," unless separate and independent ownership of individual businesses can be shown.

PENT-ROOF SIGN -- A one-sided sign mounted on a pent roof. For purposes of this chapter, a "pent roof" is any permanent pitched roof attached to and supported solely by the wall of a building and originating below the building's main cornice line. Porch roofs, canopies and marquees are not pent roofs. "Pent-roof signs" shall be parallel with the building wall and shall not project horizontally beyond the pent roof's edges or above the building's main cornice line.

PROJECTING SIGN -- A sign which is attached to and projects more than nine (9) inches from the face of a wall of a building and is intended to be viewed from a ninety-degree angle to the face of that building.

SIGN -- A structure, display or device that is arranged, intended, designed or used for advertisement, announcement, identification, description or direction.

SIGN AREA -- That area within a line which includes the outer extremities of all letters, figures, characters and delineations or within a line which includes the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it is columns, a pylon or a building or part thereof, shall not be included in the "sign area." Only one (1) side of a double-faced sign shall be included in a computation of "sign area." For other signs with more than one (1) face, each side shall be included in a computation of "sign area."

TEMPORARY SIGN -- A sign erected for no more than thirty (30) days.

WINDOW SIGN -- Any sign attached to and erected parallel to the face of or erected or painted on the surface of a window and supported throughout its length by such window. For the purposes of this chapter, a "window sign" is considered a flat sign.

~ 170-87. Signs subject to permit; standards. (Amended September 16,1996 Ordinance 4-96)

A. General requirements.

(1) The following sign standards, by zone, are intended to include every zone in the Town of Chestertown. The zones are as defined by the Zoning Map. Only signs as described herein and as may be described as "temporary" and "exemptions" will be allowed in each particular zone.

(2) If any zone is omitted from this chapter or if a new zone is created after the enactment of this chapter, no signs, temporary or permanent, shall be permitted therein until this chapter shall be amended to include such zone.

(3) Regulations applying to temporary signs are included as ~ 170-89 of this chapter.

(4) Regulations governing the illumination and mounting of permanent signs are included as ~ 170-92 of this chapter.

B. Residential district signs.

(1) This subsection applies to the R-1, R-2, R-3, R-4, R-5 and RB Zones.

(2) Signs subject to permit in the R-1, R-2, R-3, R-4 and R-5 Residential Zones include temporary signs and permanent signs. Permanent signs are to be flat or detached signs, limited in area to twenty (20) square feet and, if detached, limited in height to five (5) feet. Permanent signs are limited to signs for farms to advertise products raised on the premises, for the identification of an estate or a subdivision and for the identification of permitted public and semipublic uses as defined in this chapter.

(3) Signs subject to permit in the RB Zone include temporary signs and permanent signs. Permanent signs are to be flat signs limited in area to four (4) square feet per building. In lieu of a flat sign(s), a freestanding sign with a maximum area of four (4) square feet and limited to a maximum height of five (5) feet may be erected where a structure has a minimum front yard setback of twenty-five (25) feet and a minimum lot width of fifty (50) feet.

C. Business district signs.

(1) This subsection applies to the B-1, C-1, C-2, C-3 and CM Zones. [Amended 11-16-1992 by Ord. No. 5-92]

(2) Signs subject to permit in the B-1 Zone include temporary signs, permanent signs and accessory signs. Permanent signs are to be restricted to flat signs, with a maximum area equal to one (1) square foot of sign for one (1) linear foot of store frontage but limited to forty (40) square feet for each occupancy fronting on a street. One (1) permanent flat sign per occupant is allowed.

(3) Signs subject to permit in the C-1 Zone include temporary signs, permanent signs and accessory signs. Permanent signs are to be flat signs with a maximum area equal to one and five-tenths (1.5) square feet of sign per one (1) linear foot of store frontage but limited to sixty (60) square feet for each occupancy fronting on a street and detached signs limited in area to thirty (30) square feet and in height to fifteen (15) feet. A group of three (3) or more contiguous stores, such as those forming a shopping center, shall be permitted a detached sign advertising the group, provided that the combined sign area does not exceed one hundred (100) square feet. One (1) flat sign per occupancy and one (1) detached sign per platted parcel or per group of contiguous stores is allowed. Internally lighted, translucent signs are allowed. Movie Theatres shall be allowed an additional flat, changeable lettered sign of fifteen (15) square feet for each interior theatre unit, the total square footage of all signs not to exceed the square footage allowed by the linear front footage of the building and to be used for movie titles only.

(4) Signs subject to permit in the C-2 Zone include temporary signs, permanent signs and accessory signs. Permanent signs can be flat signs with a maximum area equal to one (1) square foot of sign for one (1) linear foot of store frontage but not to exceed forty (40) square feet total for each storefront or projecting signs with an area not to exceed four (4) square feet. One (1) flat sign or projecting sign per occupancy is allowed. In cases where an existing structure has a front yard setback from the curb of more than twenty-five (25) feet, a freestanding sign may be permitted if such sign does not exceed five (5) feet in height and the square footage does not exceed four (4) square feet. In cases of multiple occupancy of a building, only one (1) of the aforementioned projecting or freestanding signs may be erected, except that any ground floor, entry-served storefront shall be entitled to its choice of one (1) of the aforementioned signs. Additional occupants are limited to flat signs limited to four (4) square feet. Signs can only be lighted indirectly.

(5) Signs subject to permit in the CM Zone include temporary signs, permanent signs and accessory signs. Permanent signs are to be flat signs with a maximum area equal to one (1) square foot of sign for one (1) linear foot of store frontage but limited to forty (40) square feet. One (1) additional flat sign, if placed on the water side of a waterfront property and oriented to be read from boats on the water, is allowed. One (1) or, where applicable, two (2) flat signs per occupancy are allowed.

(6) Signs subject to permit in the C-3 Zone include temporary signs, permanent signs and accessory signs. Permanent signs can be flat signs with a maximum area equal to one (1) square foot of sign for one (1) linear foot of sign for one (1) linear foot of store frontage, not to exceed forty (40) square feet for each storefront. One (1) flat sign is permitted for each ground level storefront. In cases where a front yard setback equals or exceeds twenty-five (25) feet, a freestanding sign may be permitted if such sign does not exceed eight feet in height and twelve (12) square feet in area. Signs may be internally lighted unless the Historic District Commission determines that such lighting is inappropriate to the structure or property. Occupants that are behind or above the ground-level storefront must share the sign area square footage allowed to the storefront facing the street. [Added 11-16-1992 by Ord. No. 5-92]

D. Industrial district signs.

(1) This subsection applies to the LI-1 and LI-2 Zones.

(2) Signs subject to permit in the industrial zones include temporary signs and permanent signs. Permanent signs are to be flat signs which are limited in area to one hundred (100) square feet, with one (1) for each industry, and detached signs which are limited in area to fifty (50) square feet, in height to five (5) feet and in number to one (1) per platted parcel. Internally lighted, translucent signs are allowed. [Amended 11-16-1992 by Ord. No. 5-92]

~ 170-88. Exemptions to permit requirements.

The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit but in accord with the structural and safety requirements of applicable codes:

A. Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.

B. Nonilluminated signs, not to exceed one (1) square foot per sign, warning trespassers or announcing property as posted.

C. Private signs directing vehicular and pedestrian traffic movement onto a premises or within a premises only, not to include advertising and not exceeding two (2) square feet in area for each sign. Illumination of these signs shall be subject to the provisions of ~ 170-92 of this chapter.

D. Rental signs on the premises which announce rooms for rent and/or board or apartment or house for rent and not exceeding two (2) square feet in area.

E. Temporary, nonilluminated paper signs in show windows.

F. Temporary, nonilluminated signs, not more than six (6) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate and located on the premises, one (1) such sign for each street frontage.

G. Temporary nonilluminated signs, not more than ten (10) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress.

H. Signs on vehicles of any kind, provided that the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle. This section should not be interpreted to permit the parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

~ 170-89. Temporary signs and displays.

The Administrator, upon application as required in ~ 170-85A of this chapter, may issue permits for the following temporary signs and displays for a period not exceeding thirty (30) days when, in the Administrator's opinion, the use of such signs and displays would be in the public interest and would not result in damage to private property:

A. Signs advertising a special civic or cultural event, such as a fair or exposition, play, concert or meeting sponsored by a governmental or charitable organization.

B. Special decorative displays used for holidays, public demonstrations or promotions for nonpartisan, civic purposes.

C. Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

D. Signs advertising political candidates, organizations and similar political purposes.

~ 170-90. Nonconforming signs.

Signs existing at the time of the enactment of this chapter and not conforming to its provisions, but which were constructed in compliance with previous regulations, shall be regarded as nonconforming signs. Nonconforming signs which are structurally altered, relocated, changed or replaced shall comply immediately with all provisions of this chapter. Repainting the sign in the same manner and the same colors shall be construed as maintenance and shall not affect the legal nonconforming status of a sign.

~ 170-91. Prohibited signs.

A. Pennants, banners, streamers and all other fluttering, spinning or similar type signs and advertising devices are prohibited, except for national flags and flags of political subdivisions of the United States and except for flags of bona fide civic, charitable, fraternal and welfare organizations; provided, however, that during nationally recognized holiday periods or during a special civic event, pennants, banners, streamers and other fluttering, spinning or similar type advertising devices pertaining to said periods or events may be displayed by temporary permit as provided above in this Article.

B. Signs advertising an activity, business, product or service no longer conducted on the premises upon which the sign is located are prohibited.

C. Marquee signs are prohibited.

D. All signs not specifically allowed under the provisions of this chapter are prohibited.

~ 170-92. Standards for illumination and mounting.

A. Illumination.

(1) Signs are to be indirectly illuminated unless otherwise allowed.

(2) The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas.

(3) No sign shall have flashing lights or some other illuminating device which has a changing light intensity, brightness or color. Beacon lights are not permitted. Exposed neon tubing is not permitted.

(4) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

(5) Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(6) No exposed reflective-type bulbs and no strobe light or incandescent lamp which exceeds fifteen (15) watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.

B. Mounting.

(1) Unless detached or affixed to windows, all permanent flat signs are to be mounted flat against a wall, except in those situations where the structure of the building precludes a wall-mounted, permanent sign of allowable dimensions. In those cases, a pent-roof-mounted or mansard-roof-mounted sign is allowable.

(2) Projecting signs must be double-sided with a thickness between sides not to exceed two and one-half (21/2) inches. Projecting signs may be suspended by a bracket or attached directly to the building. The means of attachment must meet all provisions regarding structural safety. Projecting signs may project a maximum of forty-two (42) inches from the building. The lowest point of the sign must be a minimum of seven (7) feet above the sidewalk level and any walking surface immediately below the sign. The uppermost point of the sign must be no more than a maximum of twelve (12) feet above the sidewalk level.

~ 170-93. Administration; maintenance; removal.

A. Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the Administrator to the Board of Appeals for the purpose of interpretation by the Board and recommendation for action on the application by the Administrator. If, in the opinion of the Board, the application is not adequately covered by these regulations, the Board may make recommendations for amendment of this chapter.

B. The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations after final approval of the sign by the Administrator.

C. All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the Administrator may cause to be removed any sign which shows gross neglect or becomes dilapidated.

D. The Administrator shall cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within thirty (30) days after receiving written notice of violation from the Administrator.

ARTICLE XI

Off-Street Parking

~ 170-94. Off-street parking requirements.

Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered or any building or structure hereafter is converted for the uses listed in the Table of Off-Street Parking Spaces included at the end of this chapter, accessory off-street parking spaces shall be as required in such table or as required in subsequent sections of this Article.

~ 170-95. Location of parking facilities; joint use.

A. All parking spaces required herein shall be located on the same lot with the building or use served, except that, where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained at a distance not to exceed three hundred (300) feet from an institutional building or some other nonresidential building served.

B. Up to fifty percent (50%) of the parking spaces required for theaters, public auditoriums, bowling alleys, dance halls and nightclubs and up to one hundred percent (100%) of the parking spaces required for a church auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as theaters, public auditoriums, bowling alleys, dance halls and nightclubs, and up to one hundred percent (100%) of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, however, that written agreement thereto is properly executed and recorded as specified below.

C. In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance of the title of the property to be designated as required parking space, such encumbrance on the title of the property to be valid for the total period the use or uses for which the parking is needed are in existence. A certificate of recording of the covenant or agreement shall be furnished to the Administrator.

~ 170-96. Design standards.

A. Minimum area. For the purpose of these regulations, an "off-street parking space" is an all-weather, surfaced area, not in a street or alley, having an area of not less than two hundred (200) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

B. Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and shall not be used for the sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies.

C. Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence, curbing or other approved protective device or by distance so that vehicles cannot protrude over publicly owned areas.

D. Entrances and exits. The location and design of entrances and exits shall be in accord with the applicable requirements of town traffic regulations and standards. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control the entrance and exit of vehicles or pedestrians.

E. Interior drives. Interior drives shall be of adequate width to serve the particular design arrangement of parking spaces.

F. Marking. Parking spaces in lots of more than five (5) spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot. Signs, markers and pavement markings shall conform with the standards approved by the Maryland State Highway Administration and endorsed by the United States Department of Transportation.

G. Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in any residential district.

H. Screening. When off-street parking areas for five (5) or more automobiles are located next to a residential district or to any lot upon which there is a dwelling as a permitted use under these regulations and where such parking areas are not entirely, visually screened from such lot by an intervening building or structure, there shall be provided a continuous visual screen with a minimum height of six (6) feet. Such screen may consist of a compact evergreen hedge or foliage screening or a louvered wall or fence.

I. Construction material. All off-street parking facilities shall be paved with macadam, bituminous concrete or concrete, and the design and specifications therefor shall be subject to approval by the Planning Commission.

J. Landscaping. In off-street parking areas of five (5) or more spaces, the Planning Commission shall require landscaping.

ARTICLE XII

Off-Street Loading Regulations

~ 170-97. Off-street loading spaces required.

Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by twenty-five percent (25%) or more or any building is hereafter converted for the uses listed in the Table of Off-Street Loading Requirements included at the end of this chapter and when such buildings contain the floor areas specified in such table, accessory, off-street loading spaces shall be as required in such table or as required in subsequent sections of this Article.

~ 170-98. Buildings containing mixed uses.

Where a building is used for more than one (1) use or for different uses and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading spaces.

~ 170-99. Design standards.

A. Minimum size. For the purpose of these regulations, a "loading space" is a space within the main building or on the same lot which provides for the standing, loading or unloading of trucks and has a minimum area of five hundred forty (540) square feet, minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet and a vertical clearance of at least fourteen and five-tenths (14.5) feet.

B. Loading space for funeral homes. Loading spaces for a funeral home may be reduced in size to ten by twenty-five (10 x 25) feet and the vertical clearance reduced to eight (8) feet.

C. Drainage and maintenance. Off-street loading facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be surfaced with erosion-resistant material in accordance with applicable specifications. Off-street loading areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and shall not be used for the repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

D. Entrances and exits. The location and design of entrances and exits shall be in accord with applicable requirements of traffic regulations and standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one (1) off-street loading space.

Table of Off-Street Parking Spaces
(See Article XI)

Required Off-Street
Use Parking Spaces

Auditorium, theater, gymnasium, 1 per 5 seats or seating spaces
stadium, arena or convention
hall

Amusement place, dance hall, 1 per 100 square feet of
skating rink, swimming pool, floor area. This requirement
natatorium or exhibition hall does not apply to an
without fixed seats accessory use.

Animal hospital 1 per 400 square feet of floor
area, with a minimum of 4

Bowling alley 10 per alley

Church or temple, auditorium 1 per 5 seats or bench-seating or
place of assembly spaces (seating in the main
auditorium only)

College or high school 1 per 5 seats in the main
auditorium or 8 per classroom,
whichever is greater

Country club or golf club 1 per 5 members

Elementary, junior high or 1 per 10 seats in the main
nursery school assembly room or 1 per
classroom, whichever is greater

Food storage locker 1 per 200 square feet of
customer service area

Funeral home 1 per 50 square feet of floor
area, excluding storage and work
area, with a minimum of 30

Furniture or appliance store, 1 per 300 square feet of floor
machinery, equipment and area, with a minimum of 2; for
automobile and boat sales and automobile sales and service, a
service minimum of 10

General service or repair 1 per 3 employees on the
establishment, printing, premises
publishing, plumbing, heating
or broadcasting station

Hospital 1 per 2 patient beds
Required Off-Street
Use Parking Spaces

Manufacturing or industrial 1 per 2 employees on a maximum
establishment, research or working shift, plus space
testing laboratory, creamery, for storage of trucks or other
bottling plant, wholesale vehicles used in connection with
warehouse or similar the business or industry
establishment

Multiple-family dwelling with 1.5 per dwelling unit, plus 1 more
than 3 dwelling units per 2 roomers

Office or office building, post 1 per 400 square feet of floor
office, studio or clinic area, with a minimum of 3; for a
clinic, a minimum of 10

One- , two- or three-family 1 per dwelling unit
dwellings

Private club, fraternity, 1 per 10 active members
sorority and lodge with no
sleeping rooms

Private club, fraternity, 2 per 3 sleeping rooms or suites
sorority and lodge with or 1 per 5 active members,
sleeping rooms whichever is greater

Public library, museum, art 10 per use, plus 1 additional gallery
or community center for each 300 square feet of
floor area in excess of 1,000
square feet

Restaurant or other 1 per 100 square feet of floor
establishment for consumption area, with a minimum of 3
of food or beverages on the
premises

Retail store or personal service 1 per 200 square feet of floor
establishment or bank area; for retail food stores
over 4,000 square feet, 1 per
100 square feet of floor area

Rooming, boarding- or lodging 1 per sleeping room
house [Amended 3-6-1995 by
Ord. No. 1-95]

Sanatorium, convalescent home, 1 per 5 patient beds
home for the aged or similar
institution

Tourist home, motel, motor 1 per sleeping room or suite
hotel, motor lodge or hotel

NOTES:

1. The use regulations for each district are not affected by the arrangement of uses in the table.

2. The parking requirements in the table are in addition to space for storage of trucks or other vehicles used in connection with any use.

3. The parking requirements in the table do not limit other parking requirements contained in the district regulations.

4. The parking requirements in the table do not limit special requirements which may be imposed with conditional uses pursuant to Article VIII of this chapter.

5. Floor area, as used in the table, shall be as defined in Article III of this chapter.

6. Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

7. Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one (1) time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

8. The parking space requirements for a use not specifically listed in the table shall be the same as for a listed use of similar characteristics of parking demand generation.

9. In the case of mixed uses or uses with different parking requirements occupying the same building or premises or in the case of joint use of a building or premises by more than one (1) use having the same parking requirements, the parking spaces required shall equal the sum required for the various uses computed separately.

10. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need, under the requirements of this chapter, for an increase in parking spaces of ten percent (10%) or more than those required before the change or enlargement, such additional spaces shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than ten percent (10%) of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of ten percent (10%) or more.

11. Whenever a building is built or enlarged or it is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need, under the requirements of this chapter, for an increase in parking spaces and is located in the C-2 Commercial Zone and the Historic District of Chestertown, a variance may be sought to relieve the property owner of some or all of the parking space requirements. The Board may grant such a variance if it finds that adequate public parking exists within three hundred fifty (350) feet of the proposed building or that providing a parking lot in the historical area would do substantial and irreparable harm to the Historic District area. [Added 4-26-1976 by Ord. No. 2-76]

12. In cases of low-rent public housing units owned, leased or operated by the Chestertown Housing Authority and housing developments for elderly persons, the Planning and Zoning Commission may determine and approve a reduction in the number of required spaces for such use by not more than fifty percent (50%) of the applicable regulations. [Added 4-26-1976 by Ord. No. 2-76]

TOWN OF CHESTERTOWN

Roof-Type Drawings

This HTML document was created 12/17/96 2:03 PM.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: See Ch. 148, Subdivision of Land.
Editor's Note: See Ch. 148, Subdivision of Land.
Editor's Note: See Ch. 88, Grading and Sediment Control.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: The Table of District Regulations and Roof-Type Drawings are included at the end of this
chapter.
Editor's Note: See Art. VIII, Variances and Conditional Uses, of this chapter.
Editor's Note: See Ch. 93, Historic Area Zoning.
Editor's Note: See Art. VI, Supplementary Height, Area and Bulk Regulations, of this chapter.
Editor's Note: See Art. VI, Supplementary Height, Area and Bulk Regulations, of this chapter.
Editor's Note: See the Table of District Regulations included at the end of this chapter.
Editor's Note: See Ch. 148, Subdivision of Land.
Editor's Note: The Historic District provisions now appear as Ch. 93, Historic Area Zoning.
Editor's Note: See Ch. 57, Building Construction.
Editor's Note: See Ch. 148, Subdivision of Land.
Editor's Note: See Ch. 148, Subdivision of Land.
Editor's Note: See Art. V, District Regulations, of this chapter.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.