Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17
Title 17: Zoning
17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.30 C-R Conservation-Recreation District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties
Zoning Map
Chapter 17.04
GENERAL PROVISIONS
Sections: 17.04.010 Purpose.
17.04.020 Definitions.
17.04.030 Interpretation in case of conflict with other
ordinances. 17.04.040 Severability.
17.04.050 Effective date.
17.04.010 Purpose.
The purposes of the ordinance codified in this title are
as follows:
- To classify, regulate and limit the height, area,
bulk and use of buildings;
- To regulate and determine the area of front, side and
rear yards, and other open space around buildings;
- To regulate and determine the use and intensity of
use of land and lot areas;
- To classify, regulate and restrict the location of
trades, callings, industries, commercial enterprises and
the location of buildings designed for specified uses;
- To divide the entire town into districts of such
number, shape, area and of such different classes as are
deemed best suited to carry out these purposes;
- To fix standards to which buildings or structures
therein shall conform;
- To prohibit uses, buildings or structures
incompatible with the character of such districts;
- To prevent additions to an alteration or remodeling
of existing buildings or structures in such a way as to
avoid the restrictions and limitations herein lawfully
imposed;
- To provide for a board of appeals and prescribe its
powers and duties. (Prior code Art. XI (Art. I § 1.0))
17.04.020 Definitions.
- For the purpose of this title certain terms or words used herein shall be interpreted as follows: Words used in the present tense include the future. All words in the singular include the plural and all words in the plural include the singular. The word "shall" is
mandatory and not directory. The word "used" shall be deemed to include "designed, intended, or arranged to be used."
- Definitions.
- "Accessory use" means a one story use customarily incidental and subordinate to the principal use or building and located on the
same lot with such principal use or building
- "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry; provided, that the above uses shall not include the business of garbage
feeding of hogs, fur farms or the raising of animals for use in medical or other tests or experiments.
- "Alley" means a right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.
- "Amend" or "amendment" means any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof, or addition thereto.
- "Animal boarding place" means any building or buildings used, designed or arranged, for the board, breeding or care of dogs, cats, pets, fowl or other domestic animals for profit, but not to include those animals raised for agricultural purposes.
- "Automobile garage, private" means an accessory building or portion of a main building designed, arranged, or used for the housing of private motor vehicles, only one of which may be a commercial vehicle.
- "Automobile parking lot, commercial" means a lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot
shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.
- "Automobile parking space" means a permanently surfaced area of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
- "Automobile repair and service station" means building, lot or both in or upon which the business of general motor vehicle repair and service is conducted, but excluding junk and/or auto wrecking business.
- "Automobile sales lot" means a lot arranged, designed or used for the storage and display for sale of any motor vehicle, or any type of trailer, provided the trailer is unoccupied, and where no repair work is done, except minor incidental repair of automobiles or trailers
displayed and sold on the premises.
- "Automobile service station" means any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental, and no storage or parking space is offered for rent.
- "Basement" means that portion of a building below the first floor joists at least half of whose clear ceiling height is above the mean level of the adjacent ground.
- "Block" means that property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river or live stream or between any of the
foregoing divided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.
- "Board" means the Emmitsburg board of zoning appeals.
- "Boarding house" means a dwelling in which, for compensation, lodging or meals, or both, are furnished to not more than five guests. A boarding house shall not be deemed a home occupation.
- "Building" means a structure having one or more stories and a roof, designed primarily for the permanent shelter, support or enclosure of persons, animals or property of any kind.
- "Building, accessory" means a building subordinate to, and located on the same lot which a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or common roof to
the main building.
- "Building, height of" means the vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof; to the deck line of a mansard roof; and to the mean height level between
eaves and ridge of a gable, hip or gambrel roof.
- "Building setback line" means a line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project as determined by the yard requirements.
- "Cellar" means that portion of a building below the first floor joists with over one-half of its clear ceiling height below the mean level of the adjacent ground. Such a portion of a building shall not be used for habitation.
- "Cemetery" means a place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault of crypt interments, a columbarium for cinerary interments, or a combination of one or
more thereof.
- "Child care home" means a day nursery, child boarding home, day camp, summer camp, foster home, or other place for the reception, board of care for compensation of a child or children under sixteen (16) years of age.
- "Commission" means the Emmitsburg planning commission.
- "Commissioners" means the town commissioners of Emmitsburg.
- "Conditional use" means a use which may be permitted in a district through the granting by the board upon a finding by the board that it meets specified conditions.
- "County" means Frederick County, Maryland.
- "Court" means an open, unoccupied and unobstructed space, other than a group of buildings.
- "Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.
- "District" means a portion of the territory to which this title applies, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. The term "R district" shall mean any "R-1," "R-2," "R-3, or RS
district," the term "B district" shall mean any "B-1, "B-2," or "V-Z" district; the term "industrial district" shall mean the "industrial park district;" and the term "ORI district" means the "office research industrial district."
- "Dwelling" means a building or portion thereof arranged or designed to provide living facilities for one or more families, but not including a tent, cabin, mobile home, bus, or a room in a motel or hotel.
- "Dwelling, attached" means a building arranged or designed to provide living facilities for more than one family to a height of three stories. Individual units will be separated by a common wall.
- "Dwelling, detached" means a building designed to provide living facilities for one family entirely separated from any other building or structure by space on all sides.
- "Dwelling, duplex" means two dwelling units arranged to be located on abutting and separate lots and separated from each other by a continuous vertical party wall, without openings from the lowest floor level to the highest point of the roof which lies along the dividing
lot line, and such dwelling is separated from any other structure by yards on all sides.
- "Dwelling multiple-family" means a building containing three or more dwelling units (town house, apartments, garden apartments).
- "Dwelling, multiple group" means a group of two or more multifamily dwellings, or any combination of same occupying a parcel of land in one ownership and having any yard, compound or service area in common.
- "Dwelling, one-family" means a building containing not more than one dwelling unit.
- "Dwelling, two-family" means a building located on one lot, containing not more than two dwelling units, arranged one above the other or side by side.
- "Dwelling unit" means a building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.
- "Educational institution, private" means every private school or educational or training institution, however designed, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or
any combination thereof, or any other program of trade, technical, or artistic instruction, but such term does not include any educational institution of the county board of education. No private educational institution shall be deemed a home occupation.
- "Eleemosynary or philanthropic institution" means a private, nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member of said organization or
individual, and which either: (a) provides volunteer aid to the sick and wounded of armies in time of war and national relief in case of great national calamities, or (b) provides all or any of the following: religious, social, physical, recreational and benevolent services.
- "Essential services" means the erection, construction, alteration of maintenance, by public utilities or by municipal or other parties, of underground or overhead electrical, gas, communication, steam, water or sewer transmission, distribution, collection, supply or
disposal lines, including poles, cross arms, guy wires, towers, repeaters, boosters, switches, transformers, regulators, pumps, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar accessories
and equipment used in connection with the constituting integral parts of such lines and reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for protection of public health, safety or general
welfare, but not including buildings, yards or stations used for storage, repairs or processing of equipment or material and not for transforming, boosting, switching or pumping purposes when such facilities are constructed on the ground.
- "Family" means an individual, of two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
- "Floodplain, annual" means that floodplain being defined by soil types within the 1969 "Natural Characteristics" Report, published by the County Planning Commission, as they are designated by the U.S. Soil Conservation Service, such being principally a natural water
retention area of generally wet land.
- "Floodplain, historical" means that land being defined by hydrologic studies done by a registered engineer or hydrologist competent to perform such studies that show that area which at some point in time could be inundated by water due to flood conditions brought on by a
one-hundred year storm or a storm having a one percent chance of occurrence in any given year.
- "Frontage" means the length property lien of the lots, lots or tract of land abutting a public street, road or highway, or rural right-of-way.
- "Homes association" means an incorporated, nonprofit organization operating under recorded land agreement through which: (a) each lot and/or home owner in a planned unit or other described land area is automatically a member, and (b) each lot is automatically subject to a
charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge if unpaid, becomes a lien against the property.
- "Home occupation" means an occupation conducted entirely within a dwelling by a member or members of the immediate family residing therein (a) in connection with which there is used no display except one sign affixed to the building, not exceeding a total area of
one square feet, nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in whole or in part for purposes other than that of a dwelling; (b) in connection with
which there is kept no stock in trade or commodity sold upon the premises; (c) in connection with which no person is engaged or employed, other than a member of the immediate family residing on the premises; and (d) provided living quarter occupy at least seventy-five (75)
percent of the entire dwelling. Boarding and rooming houses, tourist homes and priv ate educational institutions shall not be deemed home occupations; (e) provided equipment used does not emit uncomfortable or harmful amounts of noise, vibration, heat, glare, smoke, odor or
other obnoxious elements; (F) Subject to Planning
Commission approval.
- "Hospital," "sanitarium," "sanatorium" means any institution receiving in-patients and rendering medical, surgical and/or obstetrical care. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose
and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics. The term hospitals shall also include sanitariums and sanitoriums, including those wherein feeble minded and mental patients, epileptics, alcoholics, senile and
psychotics or drug addicts are treated or cared for.
- "Hotel" means any building containing ten or more guest rooms, where for compensation, lodging, meals or both, are provided for ten or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, motel or apartment hotel as defined
herein.
- "Industrial park" means a tract of land eminently suitable for industrial use, subdivided and developed according to a comprehensive plan for occupancy by a group of industries and equipped with streets and necessary utilities. Industries must agree to accept certain
standards of performance that are designed to protect the environment of the community.
- "Junk yard" means any building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metal, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in
running condition, machinery, or parts thereof.
- "Lot" means a parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required, and having frontage on a public right-of-way, unless where accepted elsewhere in this title.
- "Lot area, net" means the total horizontal area included within the rear, side and front lot or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and
other accessory uses.
- "Lot, corner" means a lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed one-hundred thirty-five (135) degrees.
- "Lot, depth of" means the average distance between the front lot line and the rear lot line.
- "Lot, front of" means the side or sides of an interior or through lot which abut a street, a corner lot shall be deemed normally to front upon the street on which it has the least dimension.
- Lot Frontage, Minimum.
- At building line means the least permissible width of a lot measured horizontally along the front lot line.
- At front lot line means the least permissible width of a lot measured along the front lot line.
- "Lot line, front" means the street line running along the front of the lot separating it from the street. In a through lot, both lines abutting the street shall be deemed to be front lot lines.
- "Lot line, rear" means the lot line or lines generally opposite or parallel to the front lot line, except in a through lot. If the rear lot line is less than ten feet long, or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than
ten feet long; lying wholly within the lot, parallel to the front lot line, or in the case of curved front lot line, parallel to the chord of the arc of said front lot line.
- "Lot line, side" means any lot line other than a front lot line or a rear lot line.
- "Lot, out-lot" means a parcel of land which is shown on a record plat, but which is not to be occupied by a building or otherwise considered as a buildable lot within the meaning of this title. No building permit shall be issued on any land so designated.
- "Lot, through" means an interior lot, fronting on two parallel or approximately parallel streets.
- "Master plan" means a comprehensive plan of any portion of the general plan which may consist of maps, data and other descriptive matter, as a guide for the physical development of the town or any portion thereof, including any amendments, extensions or additions thereto
adopted by the commission, indicating the general locations for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information. (Also known as "comprehensive plan.")
- "Medical or dental clinic" means any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.
- "Mobile homes" means any vehicle or similar portable structure having no foundation other than wheels, jacks or skirting and so designed, or constructed, as to permit occupancy for dwelling or sleeping purposes.
- "Mobile home park or mobile home subdivision" means any site, lot or parcel of ground maintained or intended for the purpose of supplying a location or accommodation for two or more mobile homes for living purposes and including all buildings, structures, vehicles,
accessories and appurtenances used or intended as equipment in such a park.
- "Motel" means any group of dwelling units combined or separate, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facilities.
- "Nonconforming use" means a use of a building or of land lawfully existing at the time the ordinance codified in this title and/or previous ordinances or amendments thereto became effective and which does not conform with the use regulations of the zone in which it is
located.
- "Nursing home" means and includes rest homes, convalescent homes and homes for the aged and shall mean a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or
injuries; not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing convalescent or chronic care.
- "Plan" means the policies, statements, goals and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps which constitute the guide for the area's future developer. For the purposes of this definition, the
word plan shall include general plan, master plan, comprehensive plan, community plan, and the like as adopted in accordance with Section 3.00 of Article 66B of the Annotated Code of Maryland.
- "Private club" means an incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, recreational or like activities, operated for the benefit of its members and not open to the general public.
- "Professional office" means rooms and/or buildings used for the office purposes by a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics.
- "Road" means and includes street, highway, avenue, land, marginal access street, service drive, alley, bridge, viaduct or any segment thereof.
- "Rooming house" means a dwelling in which for compensation, lodging is furnished to three or more, but not exceeding nine guests. A rooming house shall not be deemed a home occupation.
- "Senior Housing" means a residential use limited
to people fifty-five (55) years of age and older,
provided that adequate senior facilities are
provided on-site or within one thousand (1,000) feet
of the site. Minimum adequate seniors
facilities are defined as (1) a meeting room
available on a regular and substantial basis, (2)
numerous senior activities are available on a
regular and substantial basis. The Town
Council shall have the right of review and approval
of any and all related covenants and/or homeowners'
association documents.
- "Special exception" means a grant of a specific use that would not be appropriate generally or without restriction and shall be based upon a finding that certain conditions governing special exceptions as detailed in the zoning ordinance exist, that the use conforms to the
plan and is compatible with the existing neighborhood.
- "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between such floor and the ceiling next above it. A basement shall be counted as a story, if it is
used for business or dwelling purposes. A mezzanine floor shall be counted as a story, if it covers more than one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.
- "Street" means a public or dedicated way, or a public proposed right-of-way, widening, or extension of an existing street or public way shown on any plan approved by the commission.
- "Structural alteration" means any change in the structural members of a building, such as walls, columns, posts, beams or girders.
- "Structure" means an assembly of materials forming a construction for occupancy or use, including among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television, broadcasting towers, water tanks,
trestles, open sheds, coal bins, shelters, fences, walls, signs, power line towers, pipelines, railroad tracks and poles.
- "Swimming pool, commercial" means a swimming pool and/or wading pool, including buildings necessary or incidental thereto, open to the general public and operated for profit.
- "Theater, drive-in" means an outdoor theater shall include only those areas, buildings or structures designed and used for the commercial outdoor exhibition of motion pictures to passengers in parked motor vehicles.
- "Theater, indoor" means a building designed and/or used primarily for the commercial exhibition of motion pictures or stage presentation to the general public.
- "Tourist cabin camp" means any lot, parcel or tract of land, together with such open spaces as are required under the provisions of this title, upon which there are located one or more cottages or cabins used, designed, maintained or held out for the accommodation of
transient guests, whether or not a charge is made therefor.
- "Tourist home" means a dwelling in which, for compensation, lodging only is provided or offered to not more than twelve (12) transient guests. A tourist home shall not be deemed a home occupation.
- "Town house" means one of a group of three or more attached dwelling units divided from each other by party walls, and each having separate front and rear or front and side entrances from the outside.
- "Use" means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained.
- "Use, accessory" means a use of a building, lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.
- "Use, special exception" means a use which may be permitted in a district through the granting by the board of appeals of a special exception, as defined in Article 66B of the Annotated Code of Maryland, upon a finding by the board that it meets specified conditions.
- "Wayside stand" means a temporary structure designed, arranged or used for the display or sale of agricultural or other products grown or produced on the premises upon which such stand is located.
- "Variance" means a modification only of density, bulk or area requirements in the zoning ordinance, where such modification will not be contrary to the public interest and where owning to conditions peculiar to the property, and not the results of any action taken by the
applicant; a literal enforcement of this title would result in unnecessary hardship.
- "Yard" means open space on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this title.
- "Yard, front" means open space extending across the full width of lot between the front lot line or the proposed front street line and nearest line of the building or any enclosed portion thereof. The depth of such yard shall be the shortest horizontal distance between the
front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof.
- "Yard, rear" means open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest
point of the building.
- Second story overhang, roof overhang, unenclosed porches, or similar architectural features are excluded from the measurement if they do not project more than six feet. Open carports may project to within five feet of the side lot line.
- "Zone" means an area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open space are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical
for the zone in which they apply.
- "Zoning administrator" means an officer of the town, appointed by the mayor, who administers the zoning regulations and acts as secretary to the board of appeals.
- "Zoning certificate" means a written statement issued by the zoning administrator, authorizing buildings, structures, or uses consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions.
- "Zoning map" means the zoning map of the town, together with all amendments thereto subsequently adopted. (Ord
04-21(part);Ord. 92-8, º 1; prior code Art. XI (Art. XI º1.0))
17.04.030
Interpretation in case of conflict with other
ordinances.
In interpreting and applying the provisions of this
title, they shall be held to the minimum requirements
for the promotion of the public safety, health,
convenience, comfort, morals, property and general
welfare. (Prior code Art. XI (Art. XII § 1.0))
17.04.040 Severability.
If any section, clause, provision, or portion of this
title shall be held to be invalid or unconstitutional by
any court of competent jurisdiction, such holding shall
not affect any other section, clause, provision, or
portion of the title which is not in itself invalid or
unconstitutional. (Prior code Art. XI (Art. XII § 2.0))
17.04.050 Effective date.
The ordinance codified in this title shall be in force
and effect from and after the passage, approval and
publication as required by law. (Prior code Art. XI
(Art. XII § 3.0))
Chapter 17.08
GENERAL REGULATIONS
Sections:
17.08.010 Establishment of districts.
17.08.020 Boundaries of districts.
17.08.030 Application and regulations.
17.08.040 Zoning of annexed areas.
17.08.050 Location of zoning line in vacated street.
17.08.060 Required open area not to be infringed upon.
17.08.070 Continuance of nonconforming uses.
17.08.080 Expansion of nonconforming uses.
17.08.090 Nonconforming use not to rebuild.
17.08.100 Discontinued nonconforming use not to
re-establish after six months.
17.08.110 Nonconforming uses not to be substituted.
17.08.120 Storage uses, not to be continued as
nonconforming uses in residential districts.
17.08.130 Renovation, expansion of nonconforming use
must conform where possible.
17.08.140 Off-street parking.
17.08.150 Off-street loading.
17.08.160 Obstructions to vision at intersections
prohibited.
17.08.170 Prohibited uses.
17.08.180 Storage of inflammable fuels.
17.08.190 Conversion of garages, sheds, outbuildings or
other accessory structures.
17.08.200 Development in or adjacent to floodplain.
17.08.210 Conversions to buildings which affect the
number of dwelling units available.
17.08.010 Establishment of districts.
For the purpose of this title, all land within the town
is designated on the
zoning map as being in one of the
following districts:
OS Open
space;
R-1 Low density residential;
R-2 Medium density residential;
R-3 High density residential;
R-S Residential suburban;
VZ Village zone;
B-1 Neighborhood business;
B-2 Shopping center;
IP Light industrial park;
ORI Office research industrial;
C-R
Conservation/Recreation.
(Prior code Art. XI (Art II § 1.0))
17.08.020 Boundaries
of districts.
Unless otherwise indicated on the zoning district maps,
the boundary lines of the districts shall follow lot
lines, center lines of streets, alleys or such center
lines extended, center lines of creeks or the corporate
limit line as existing at the time of adoption of the
ordinance codified in this title, or measured lines.
(Prior code Art. XI (Art. II § 2.0))
17.08.030 Application and regulations.
No building or land shall hereafter be used and no
building or part thereof shall be erected, moved or
altered unless for a use expressly permitted by and in
conformity with the regulations for the district in
which it is located. (Prior code Art. XI (Art. II §
3.0))
17.08.040 Zoning of annexed areas.
All territory which may hereafter be annexed to the town
shall from time of annexation be considered as being in
the R-S district until changed by ordinance, unless the
resolution of annexation by the town board provides for
other district classification or classifications. If
land to be annexed is to be classified other than (a)
R-S or (b) a district classification of some property
abutting, contiguous, or adjacent thereto: (1) the town
board shall refer the matter to the commission for
recommendation and report, and if the commission makes
no report within ten days from the date the town board
by motion refers it to the commission, it shall be
considered to have made a report approving the proposed
annexation district classification; and (2) the town
board shall hold a public hearing in relation thereto,
giving at least ten days notice of the time and place of
such hearing in a newspaper published in or having a
general circulation in the town. (Prior code Art. XI
(Art. II § 3.01))
17.08.050 Location of zoning line in vacated street.
Whenever the town board vacates a street or alley,
adjacent districts shall extend to the center line of
the vacation. (Prior code Art. XI (Art. II § 3.02))
17.08.060 Required open area not to be infringed
upon.
Yards, parking space or lot area required for one
building cannot be used for another main building nor
can the size of a lot be reduced below the requirements
of this title, unless otherwise specifically provided.
(Prior code Art. XI (Art. II § 3.03))
17.08.070 Conformance of nonconforming uses.
Any lawful use of land or structure existing at the time
of adoption of the ordinance codified in this title, or
subsequent amendment of this title, may be continued
with the following limitations. (Prior code Art. XI
(Art. II § 4.0))
17.08.080 Expansion of nonconforming uses.
Nonconforming uses may upgrade, repair, or make
alterations to their facilities. However, expansion of
any nonconforming use shall be limited to the lot that
exists at the time of adoption of this title and
additional acreage or dwelling units shall not be added
to enlarge any nonconforming uses. (Prior code Art. XI
(Art. II § 4.01))
17.08.090 Nonconforming use not to rebuild.
Any nonconforming use, which has been damaged to the
extent of sixty (60) percent of its current fair value,
as estimated immediately prior to damage, shall not be
repaired, or reconstructed except in conformity with
this title. (Prior code Art. XI (Art. II § 4.02))
17.08.100 Discontinued nonconforming use not to
re-establish after six months.
No nonconforming use shall be established or
re-established after having been discontinued for six
months. (Prior code Art. XI (Art. II § 4.03))
17.08.110 Nonconforming uses not to be substituted.
A nonconforming use may not be substituted for any other
nonconforming use. (Prior code Art. XI (Art. II § 4.04))
17.08.120 Storage uses, not to be continued as
nonconforming uses in residential districts.
Premises used for open storage, not expressly permitted
in the residential district in which they are located
and where such uses were existing prior to the adoption
of this title, shall discontinue such uses within two
years of the effective date of this title. (Prior code
Art. XI (Art. II § 4.05))
17.08.130 Renovation, expansion of nonconforming use
must conform where possible.
Whenever a nonconforming use renovates or expands under
Section 17.08.080, said use shall meet all the
applicable requirements of this title unless otherwise
allowed by the board of appeals. (Prior code Art. XI
(Art. II § 4.06))
17.08.140 Off-Street Parking.
- The provisions
herein below dealing in off-street parking
requirements are applicable to every zoning district
except the Village Zone. The Village Zone has its
own parking requirements as set forth in Chapter
17.36.
- Bituminous
concrete or concrete surfaced off-street automobile
parking shall be provided on any lot on which any of
the following uses are hereafter established, except
as provided in C, below. Such
space shall be provided with vehicular access to a
street or alley. For purposes of computing, each
space shall not be less than nine feet wide, nor
less than twenty (20) feet long.
C.
Generally
1. For the purpose of this chapter, the following
parking space requirements shall apply. Parking
shall be limited to the number of spaces required, based
on an evaluation of each proposed use, hours of
operation, and any joint or shared parking agreements.
An increase or reduction in the number of required
parking spaces may be granted by the Planning
Commission, with input from Town Staff, where the
applicant can demonstrate need based on characteristics
of the proposed use, hourly parking demand studies
published by the Institute of Transportation Engineers (ITE)
or other documentation as approved by the Planning
Commission and Town Staff.
2. When an increase in the number of required
parking spaces is granted or for the purposes of
overflow parking, the Planning Commission may require
the spaces to be constructed of pervious materials.
3. When a reduction in the number of required
parking spaces is granted, the Planning Commission, with
assistance from Town Staff, will determine the extent
that an accessible graded and seeded area shall be
reserved for future parking.
4. For uses not listed in this section, parking
requirements shall be determined by the Zoning
Administrator. The requirements shall be based
upon similarity to an existing use listed within the
table below, characteristics of the proposed use, or
hourly parking demand studies published by the Institute
of Transportation Engineers (ITE).
TYPE OF USE |
PARKING SPACES
REQUIRED |
- Residential |
|
Single Family,
Duplex, Two Family Dwelling, or Townhouse |
2 for each
Dwelling Unit |
Multi-Family
Dwelling |
2 for each
Dwelling Unit |
- Temporary
Housing/Lodging |
|
Boarding or
Rooming House Bed and Breakfast |
2 Spaces per
the Primary Dwelling Plus 1 for each Guestroom
or Boarding Unit |
Hotels, Motels |
1 per each
Sleeping Room, plus 1 for each Employees |
-Service
Residential |
|
Nursing Home,
Group Home and Similar Uses |
1 per each 4
Beds |
Assisted
Living |
1 for each 3
Units |
-Commercial
Uses - Retail |
|
Retail Store |
1 for each 250
square feet of Floor Area excluding preparation
and/or storage areas |
Shopping
Center <100,000 S.F. |
2 for each
1,000 S.F. of Gross Leasable Area |
Shopping
Center > 100,000 S.F. |
1.5 for each
1,000 S.F. of Gross Leasable Area |
All other
types of Business or Commercial Uses permitted
in any Commercial District |
1 space for
each 300 S.F. of floor area |
_Commercial
Business & Personal Service |
|
Bank,
Financial Institution and similar uses |
1 for each 150
S.F. of floor area excluding storage area |
Commercial,
Business, Technical, or Trade School |
1 for each 3
students |
Funeral Home &
Similar Type Uses |
1 for each 150
S.F. of Floor Area devoted to viewing, plus 1
per employee |
Medical and
Dental Clinics and Offices |
1 for every
200 S.F. of Floor Area of Examination, Treating
Room, Office and Waiting Room |
Hospital |
1 per each
bed, plus 1 space per each 3 employees |
Office, Public
or Professional, Administration or Service
Building |
1 space per
each 300 S.F. of Floor Area |
Restaurant,
Tavern, Night Club |
1
space for each 100 S.F. of floor area devoted to
customer service, but excluding food preparation
& storage, plus 1 for each 2 employees on the
maximum shift |
Fast Food
Restaurant |
1
space for each persons capacity, plus 5 stacking
parking spaces for drive-thru service |
All other
types of Business or Commercial uses permitted
in any Commercial District |
1
for each 300 square feet of floor area |
- Automobile &
Related Services |
|
Automobile
Sales |
1
space for each 1,000 S.F. of enclosed floor area
+ 1 for each 3,000 S.F. of outdoor display area |
Automobile
Service Garage or Service Station |
3
for each service bay or similar service area,
plus 1 for each employee |
Small Engine
Repair and Similar Uses |
1
space per 400 S.F. devoted to customer service |
- Animal Care
and Service |
|
Animal
Hospital, Veterinary Clinic, Kennel |
1
space per 400 S.F. of floor area, excluding
kennels, plus 1 space per exam room, plus 1
space per employee |
- Commercial
Amusements |
|
Bowling Alley |
3
for each alley, plus 1 space for each 100 S.F.
of the area used for restaurant, bar,
preparation area and storage |
Health Club,
Fitness Center, Sports Training Facility |
1
for each 5 persons capacity, plus 1 for each 4
seats or 1 for each 30 S.F. floor area used for
seating purposes, whichever is greater. |
Golf Course |
4
spaces per each hole, plus 1 space per each 50
S.F. of floor area devoted to customer service,
plus 1 space per 2 employees |
Theaters,
Outdoor or Indoor Stage, & Similar Uses |
1
for each 4 seats |
Library,
Museum, Art Gallery |
1
per each 400 S.F. of floor area |
- Industrial
Uses |
|
Warehouse |
1
space per 1000 S.F. of floor area |
Truck or
Trailer Sales or Rental |
1
per 500 S.F. of floor area, plus 1 per 2,500
S.F. of gross outdoor display area |
- Educational
and Religious |
|
Elementary &
Junior High |
2
per classroom and 1 for every 8 seats in
assembly hall |
High School |
1
for every 10 students and 1 for each teacher and
employee |
Place of
Worship |
1
space for each 5 seats in the main assembly room |
D. The foregoing
requirements are subject to the following general
rules and exceptions.
- In the B, IP
and ORI districts, parking space may be provided
on a separate lot if within three hundred (300)
feet of a building, and two or more owners may
join together in the provision of this parking
space.
- Parking spaces
for any use specifically permitted in an R
district may be provided on a lot adjoining that
use provided there is evidence of perpetual
compliance with all requirements.
- Existing
buildings not complying with off-street parking
requirements may be remodeled, repaired and
structurally altered, but any enlargement must provide
the required parking spaces for said
enlargement.
- No part of any
parking space shall be closer than ten feet to
any public road right-of-way line and five feet
to a side or rear property line. Driveways and
aisles are excluded. This requirement does not
apply to the village zone district.
E. Handicapped Accessibility
All parking areas shall include handicapped
accessible spaces in conformance with the Maryland
Accessibility Code.
F.
Adjacent Parking Area
Where a proposed parking area is adjacent to a developed
or undeveloped site within the same or similar zoning
district, the proposed parking area must be designed to
connect to the existing or future adjacent parking,
where feasible.
G.
Pedestrian Access
Clearly delineated pedestrian crosswalks, sidewalks, and
walkways shall be provided to allow safe and convenient
access within the parking area, and from the parking
area to building entrances.
H.
Bicycle Parking
1. For the purposes of this chapter, the following
bicycle parking requirements will apply:
Commercial (5,000) S.F. GFA or Greater)
1 rack for each 20 auto spaces, minimum 1 rack, maximum
10
Office/Industrial
1 rack per 40,000 SF of GFA, minimum 1 rack, maximum 10
Civic, Community Center
1 rack for each 20 auto spaces, minimum 1 rack, maximum
10
Park and Ride
1 rack for each 50 auto spaces
Schools - K-8, 1 rack for each classroom
9-12, 1 rack for each 2 classrooms
2. A reduction in required bicycle parking may be
granted by The Planning Commission, where the applicant
can demonstrate need based on neighborhood
characteristics, characteristics of the proposed use, or
other documentation as approved by The Planning
Commission.
3. The design of bicycle parking shall conform to
the Frederick County Bicycle Parking Design Guide.
2.
17.08.150 Off-street loading.
-
Every building or structure used for other than residential uses and constructed after the adoption of this title shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall
be in accordance with the following schedule:
Required
Spaces
1
2
3
4
5
6 |
Building
Floor Area
**8,000 -- **8,000 sq. ft.
**8,001 -- *25,000
*25,001 -- *40,000
*40,001 -- 100,000
100,001 -- 250,000
250,001 -- 400,000 |
-
For buildings over
four hundred thousand (400,000) square feet, six
spaces plus one additional space for each additional
ten thousand (10,000) square feet.
-
For the purpose of
determining adequacy of loading area, each space
shall not be less than ten feet in width, forty-five
(45) feet in length, and fourteen (14) feet in
height. (Prior code Art. XI (Art. II § 6.0))
17.08.160 Obstructions to vision at intersections
prohibited.
On any corner lot in all districts, there shall be no obstruction
to traffic visibility within thirty-five (35) feet of
the intersection of the two street property lines of the
corner lot, or the street right-of way lines, whichever
is more restrictive.
(Prior code Art. XI (Art. II § 7.0))
17.08.170 Prohibited uses.
-
Private or public
rifle shooting ranges are prohibited in all
districts.
-
Junk yards are
prohibited in all districts, including those for
storage of wrecked, dismantled, and abandonment
of motor vehicles and parts thereof, and for
storage and sale of other similar scrap
materials.
-
Salvage yards of
any waste materials are prohibited in all
districts.
-
Mobile homes and
mobile home courts or parks.
-
Farm livestock,
such as sheep, hogs, horses, chickens, etc., but
does not include dogs and cats or other
household pets. (Prior code Art. XI (Art. II §
8.0))
17.08.180 Storage of inflammable fuels.
Storage of compressed gases and liquid fuels shall
conform to the following:
-
Above Ground Storage.
-
Storage of
compressed gases and liquid fuels in homes,
apartment houses, and commercial establishments
may be above ground in all districts if the
total capacity of all containers is less than
two thousand (2,000) gallons and provided that
each individual container is no less than
twenty-five (25) feet from the nearest line of
adjoining property.
-
Containers used
for apartment houses and commercial
establishments shall be screened by evergreen
plantings of a height not less than the height
of the containers so as to effectively obscure
the containers from view.
-
Below Ground Storage.
In all districts where storage of compressed gases
shall be underground as modified in subsection (A)
of this section, if the total capacity of all
containers exceeds two thousand (2,000) gallons,
each individual container shall be located with
respect to the nearest line of adjoining property as
follows:
2,000 to 32,000
gallons
25 feet
32,001 to 30,000 gallons
50 feet
30,001 to 60,000 gallons
75 feet
In excess of 60,000 gallons
100 feet
-
Gasoline, Kerosene,
Fuel Oil and Other Liquid Fuels. Gasoline, kerosene,
fuel oil and other liquid fuels shall be stored
underground or within the structure to be heated.
Each individual container shall be located with
respect to the nearest line of adjoining property as
follows:
Water Capacity (gal)
Residential
Commercial
Use
Use
000 to 2,000
25 feet
10 feet
2,001 to 10,000
50 feet
15 feet
In excess of
10,000 Prohibited
15 feet
(Prior code Art. XI (Art. II § 9.0))
17.08.190 Conversion of garages, sheds, outbuildings
or other accessory structures.
-
No garage, shed,
outbuilding or other nonresidential structure
existing on the lot at the time of adoption of this
title may be converted to residential use unless
said structure is able to meet all of the
requirements of the zoning ordinance including, but
not limited to lot area per family and front, rear
and side yards.
-
Because this
requirement does not disallow the use of the land
for purposes set forth in this title, but seeks only
to prevent the overcrowding of the lot and
environmental degradation of the neighborhood, the
board of appeals is not authorized to grant a waiver
or variance to this section. (Prior code Art. XI
(Art. II § 10.0))
17.08.200 Development in or adjacent to floodplain.
-
The subdivision of
land subject to flooding by a one-hundred-year
storm, a high water table, or improper drainage
will not be approved unless the area to be used
for roads, streets, driveways, and all
structures whether principle or accessory is
located outside of the historical or annual
floodplain whichever is greater.
-
Such floodplain
shall be clearly indicated upon the plat by a
registered engineer or land surveyor.
-
All subdivisions
having a floodplain as a part of their
development and proposing any type of
improvements within the floodplain including but
not limited to fill, dredging, bridging,
inclusion of culverts, etc., will not be
approved until approval or an expression of
non-interest is received from the Department of
Natural Resources. (Prior code Art. XI (Art. II
§ 11.0))
17.08.210 Conversions to buildings which affect the
number of dwelling units available.
-
Whenever a building is
renovated or expanded in such a manner that the
total number of dwelling units available either
increases or decreases, the property owner shall
apply for a Change of Use permit from the zoning
administrator. The zoning administrator will ensure
that the aforementioned changes meet all of the
requirements of the zoning ordinances including, but
not limited to, lot area per family, front, rear and
side yard setbacks, and off-street parking
requirements.
-
The town council will
consider the permit application and determine
whether an additional water and sewer tap fee and/or
a revision in the number of billable units is to be
assessed. (Ord. 96-17B)
Chapter 17.12
Board of Appeals
Sections:
17.12.010 Authorization and appointment.
17.12.020 Meeting of the board.
17.12.030 Appeals--How taken.
17.12.040 Powers of the board of appeals.
17.12.050 The board may grant variances.
17.12.060 Limitation, guides and standards for special exception uses.
17.12.070 Public hearings and permits issued by the board.
17.12.010 Authorization and appointment.
The board of appeals is authorized. Such board shall consist of
three members, all of whom shall be taxpayers and residents of the town. The members of the board of appeals shall be appointed by the mayor with the consent of the
commissioners. Members shall be appointed for a period of three years. Vacancies shall be filled by appointment for the unexpired term only. Members of the Board shall serve without compensation. Two alternate members shall be appointed to serve when a regular member is
absent or otherwise unable to attend. (Ord 04-19;Ord. 97-13: Ord. 95-22 § 1; prior code Art. XI (Art. IX § 1.0))
17.12.020 Meeting of the board.
The members of the board of appeals shall meet at least once each year at such time and place as they may fix by resolution. They shall select one of their members as
chairperson and one vice-chairperson, who shall serve one year, and until their successors have been
selected. Special meetings may be called at any time by the chairperson or in his absence, by the vice-chairperson. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept of its proceedings. (Prior code
Art. XI (Art. IX § 2.0))
17.12.030 Appeals--How taken.
-
An appeal to the board of appeals may be taken by any person aggrieved by any officer, department or bureau of the town or any person affected by any order, requirement, decision or determination by any governmental officer, department, board or bureau based
in whole or in part upon the provisions of this title.
-
Such appeal shall be filed with the zoning administrator and the board of appeals within thirty (30) days from the
decision being appealed from. Upon appeal, the zoning administrator shall transmit to the board of appeals all 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 zoning administrator certifies to the board that a stay would, in his opinion, cause imminent peril to life or property.
The board shall fix a reasonable time for the hearing of the appeal, give not less than ten days public notice thereof by the
posting of not less than one sign of at least three square feet in area, containing notice of the hearing in a conspicuous place on
or near the property upon which application for appeal is made, and advertising in a weekly or daily paper of general circulation in
the town, as well as due notice to the parties in the interest, and decide the same within thirty (30) days. Upon the hearing, any
party may appear in person, by agent or by attorney.
-
The concurring vote of two members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant upon any matter which it is required to pass under any such
ordinance, or to effect any variation in such ordinance. Upon the hearing, any party may appear in person or by agent or attorney.
-
A fee pursuant to the town's review fee schedules shall be paid to the zoning administrator at the time the notice of appeal is filed to the credit of the general revenue fund of the town.
-
The fee is not applicable to nor in lieu of the appropriate zoning certificate. (See Chapter 17.48). (Ord. 01-17; Ord. 93-13 § 1; prior code Art. XI (Art. IX § 3.0))
17.12.040 Powers of the board of appeals.
-
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 under the provisions of this title;
-
To hear and decide special exceptions in the terms of this title;
-
To authorize upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public safety, health and welfare, and will most nearly accomplish the purpose and intent of this title. (Prior code Art. XI (Art. IX § 4.0))
17.12.050 The board may grant variances.
-
Where by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this title, or by reasons of exceptional topographic conditions or other extraordinary situation or condition of such piece of
property, the literal enforcement of the requirements of this title would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this title, the board shall have power, upon appeal in specific cases, filed as
provided in this section, to authorize a variance from the terms of this title so as to relieve such hardship, and so that the spirit and purpose of this title shall be observed and substantial justice done. In authorizing a variance, the board may attach thereto such
conditions, regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest. In authorizing a variance, with attached conditions, the board may require such guarantee as it may deem to be necessary that
the conditions attached are being and will be complied with.
-
No such variance in the provisions or requirements of this title shall be authorized by the board unless the board finds, beyond reasonable doubt, that all of the following facts and conditions exist:
-
That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district;
-
That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;
-
That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this title, or the public interest.
-
No grant of a variance shall be authorized unless the board specifically finds that the condition or situation of the specific piece of property or the intended use of such property, for which variance is sought, is not of so general or recurrent a nature as
to make reasonably practicable the formulation of a general regulation for such conditions or situation. (Prior code Art. XI (Art. IX § 5.0))
17.12.060 Limitations, guides and standards for special exception uses.
-
Where in this title, certain powers are conferred upon the Board of Appeals, such board shall study the specific property involved and the neighborhood; cause the property to be posted in a conspicuous place, hold a public hearing, consider all testimony and
data submitted, and hear any person for or against the issuance of the Zoning Certificate. However, the application shall not be approved where the health, safety, security, morals or general welfare would be adversely affected or would result in dangerous traffic conditions
or would jeopardize the lives or property of people living in the neighborhood, nor will any action be taken which will be contrary to an adopted plan. (When a question arises as to whether the contemplated action of the Board is contrary to an adopted plan, the Board shall
request the recommendation of the Planning Commission).
-
In deciding such matters, the Board shall give consideration, among other things to the following:
-
Decisions of the circuit court of the county and the Court of Appeals of the state;
-
The orderly growth of the neighborhood and community;
-
The most appropriate use of land and structure;
-
Facilities for sewers, water, trash collection and disposal and the ability of the town to supply such services;
-
Availability of fire-fighting equipment;
-
The effect of such use upon the peaceful enjoyment of people in their homes;
-
The number of people residing, working or studying in the immediate areas;
-
The type and kind of structures in the vicinity where people are apt to gather in large numbers such as schools, churches, theaters, hospitals and the like;
-
Traffic conditions, including facilities for pedestrians, such as sidewalks and safety zones and parking facilities available and the access of cars on highways;
-
The preservation of cultural and historic landmarks;
-
The conservation of property values;
-
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the uses of surrounding properties;
-
The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods;
-
Accordance of contemplated action with an adopted town plan. (Prior code Art. XI (Art. IX § 6.0))
17.12.070 Public hearings and permits issued by the board.
-
The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of time and place of such public hearing shall be published in a paper of general circulation in the town at least once, not more than
thirty (30) or less than ten days previous to the hearing. Such notice shall contain the particular address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal, and
specifications of the proposed variance.
-
Construction Permitted by the Board to be Undertaken Within Six Months. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than six months, unless a zoning certificate for such erection or alteration is
started and proceeds to completion in accordance with the terms of such permit.
-
Use of Building Permitted by Board to be Established Within Six Months. No order of the board permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however,
that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning certificate for said erection or alteration is obtained within such period and such erection or alteration is started and
proceeds to completion in accordance with the terms of such permit. (Prior code Art. XI (Art. IX § 7.0))
Chapter 17.16
Planning Commission
Sections:
17.16.010 Officers and committees.
17.16.020 Meeting of the board.
17.16.010 Officers and committees.
-
The planning and zoning commission shall consist of four members and one board of commissioners' representative, who shall be a voting member, all of whom shall be residents of the town of Emmitsburg. The members of the commission shall be appointed by the mayor with the consent of the board of
commissioners. Members shall be appointed for a period of five years,
or until the member's successor takes office.
The terms of the members shall be staggered.
Vacancies occurring other than through the
expiration of a term shall be filled for the
remainder of the unexpired term. Members of the commission shall serve without compensation. One alternate member shall be appointed to serve when a regular member is absent or otherwise unable to attend. The alternate is required to
attend all meetings, as stipulated in Section 17.16.020. (Ord.
10-19)
-
The commission shall organize annually in the month of
January and elect a chairman, vice-chairman and secretary. (Ord.
10-19)
-
The chairman or in his absence the vice-chairman or secretary, shall preside at all meetings and hearings of the commission. The presiding officer shall decide on all points of order and procedure, subject to planning and zoning rules, and Roberts' Rules of
Order unless otherwise directed by a majority of the commission members present. (Ord. 07-10: Ord. 97-14; Ord. 93-11 § 1 (part): prior code Art. XI (Art. IX-A § 1.0))
17.16.020 Meeting of the board.
- The planning commission shall hold meetings
quarterly; in January, April, July, October, or more
often as the planning commission’s duties require. If
there is business before the planning commission,
meetings shall be held monthly until such business has
been completed.
- Agenda items. Planning commission agenda items
must be submitted to the town office at least thirty
(30) days in advance of the last Monday of a month,
and will be placed on the agenda for that month. If
this is not a scheduled quarterly meeting, a regular
planning commission meeting will be held to consider
the agenda item. Consideration of the submittal will
continue as specified in §17.16.020a. (Ord. 10-19)
- Regular meetings shall be held on the last Monday of
the month. The secretary shall give each member forty-eight hours or more notice of change of date of the meeting. (Ord.
10-19)
- Special meetings may be called by the chairman or in his absence the vice-chairman. Notice of such meetings shall be given each member ninety-six hours or more before said meeting.
A meeting requiring advertisement or
other public notice shall be scheduled so as to meet
such requirements.
- Attendance. It shall be the duty of each member to
attend all meetings. Should any member be absent from
one-half or more of all meetings held during the year,
the commission shall recommend to the mayor and town
council that the member's resignation be requested,
unless determined by vote of a majority of commission
members that there is a sufficient reason for
nonattendance.
- A quorum shall consist of a majority of the
existing membership.
-
The order of business shall be as follows:
-
Disposition of minutes;
-
Opening statement by chairman to audience;
-
Old business (refer to agenda);
-
New business (refer to agenda).
-
It shall be the duty of the secretary,
assisted by the commission's staff to keep a true and
accurate record of all proceedings at all meetings and
public hearings. A tape recording and/or DVD may be
accepted as the official record. A resume of the
minutes shall be typed, and kept on file at the town
office. The presiding officer at the meeting shall
sign the resolutions, and other official documents, as
adopted or approved. (Ord. 93-11 § 1 (part): prior
code Art. XI (Art. IX-A 2.0)) (Ord 10-19)
17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties
Zoning Map
Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 |