PART II CODE OF ORDINANCES
Chapter 110 Zoning
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PART II CODE OF ORDINANCES Chapter 110 Zoning |
© Copyrighted. Municipal Code Corp., affiliated Municipality. 1999.
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*Charter reference(s)--Zoning, §§ C-414(58), C-801 et seq.
Cross reference(s)--Any ordinance relating to zoning maps saved from repeal, § 1-2(15); Planning Commission, § 2-201 et seq.; buildings and building regulations, ch. 10; manufactured homes and trailers, § 10-251 et seq.; environment, ch. 30; natural resources, § 30-501 et seq.; floods, ch. 38; signs, ch. 66; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78; vegetation, ch. 98; waterways, ch. 106.
State law reference(s)--Zoning, Ann. Code of Md. art. 66B, § 4.01 et seq.
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Sec. 110-1. Title.
This chapter, including the zoning maps made a part hereof, shall be known as the "Zoning Ordinance of the Town of Ocean City, Maryland."
(Ord. No. 1993-1, § 105-1.1, 1-19-1993)
Sec. 110-2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
Accessory building. A subordinate building, the use of which is clearly incidental to or customarily found in connection with and located on the same lot as the main building or principal use of the premises and is not attached by any common wall or by a common roof to the main building, except as otherwise provided in this chapter.
Accessory room. Any room in a dwelling unit other than a bedroom, bathroom, kitchen or one living room or living-dining room combination, including, but not necessarily limited to, a den, library, family room, game room, patio room, Florida room, bar, nursery, etc.
Accessory use. One which is clearly incidental to or customarily found in connection with and 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 Ocean City.
Alley. A narrow public thoroughfare not exceeding 20 feet in width which provides a secondary means of access to abutting properties and is not intended for general traffic circulation.
Amusement arcade. A business establishment offering for public use five or more of any form of game machine, instrument or apparatus operated by coin, slug or similar medium, but not including automatic machines for vending food, soft drinks or tobacco and outside service vending machines.
Amusement attraction. Any building or structure around, over or through which people may move or walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills or excitement.
Amusement park. A tract or area used principally as a location for amusement structures or rides.
Amusement ride. Any device that carries or conveys passengers along, around or over a fixed area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.
Arterial street. A street so designated on the major thoroughfare plan of Ocean City.
Automobile filling stations. Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels and oils and which may sell replacement or accessory parts as retail, so long as bulk storage of flammable liquids is underground.
Automobile service stations. Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils, compressed air, water and replacement of accessory parts and where complete motor vehicle repairs and services are conducted, excluding junk and automobile wrecking businesses, so long as bulk storage of flammable liquids is underground.
Awning. Same as "canopy."
Base density. The lot area per dwelling unit requirements stipulated in the district regulations.
Basement. That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than one-half of its height below grade.
Board. The Board of Zoning Appeals of Ocean City.
Boardinghouse. Same as "roominghouse."
Buildable area. The area of that part of a lot not included within the yards or open spaces herein required.
Buildable width. The width of that part of a lot not included within the yards or open spaces herein required.
Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
Building, completely enclosed. Any building having no outside openings other than ordinary doors, windows, and ventilators.
Building, detached. A building which is not attached to any other building, but which is separated by a yard space from all other buildings.
Building, height of. The vertical distance from grade to the highest point where the exterior walls meet the roof. The area above the maximum building height (attic) shall not be used for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof.
Bulk. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height, yard setbacks, and open space regulations.
Canopy. A roof-like cover supported from the ground or the deck, floor or walls of a building, for protection from sun or weather.
Club, private. Buildings and facilities owned or operated by a corporation, 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.
Cocktail lounge. A room or other portion of a restaurant, which serves alcoholic beverages and is accessory to the principal use as a restaurant.
Commercial. Any activity conducted with the intent of realizing a profit from the sale of goods or services to others.
Commission. The Planning Commission of Ocean City.
Conditional use. A use which may be authorized by the Mayor and City Council within specified districts and which use is subject to review and approval under the terms and procedures provided in this chapter, together with such conditions and restrictions imposed thereon.
Convalescent home. A building where regular nursing care is provided for more than one person not a member of the family which resides on the premises.
Convenience/carryout food store. An establishment which sells packaged and/or prepared foods and beverages and other convenience items for consumption off the premises and where no seating is provided.
Court. Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building.
Day care facility. A caretaking facility for children, other than a family day care home as herein defined, providing daytime adult supervision for children not members of the caregiver's family and which shall not provide overnight lodging.
Department. The Department of Planning and Community Development of Ocean City.
Development right. One of several types of rights associated with property ownership. A "development right" is the ability to improve property within the parameters of applicable development regulations.
Dining room. Same definition as "restaurant," except that a "dining room" is limited to a facility which contains only one room in which food and beverages are served and consumed except in dwelling usage.
District. A part, zone, or geographic area within Ocean City within which certain zoning or development regulations apply.
Dwelling. A building or portion thereof designed or used for residential occupancy, including hotels, motels, motor lodges, boardinghouses and lodginghouses, tourist courts or tourist homes, but not including mobile homes or manufactured housing.
Dwelling, efficiency unit. A one-story room, the size of which may not exceed 500 square feet, that is not susceptible to permanent division and that contains a kitchen or kitchenette and not more than one bathroom, both of which must be located at the same end of the room. An efficiency or room which is larger than 500 square feet is considered to be "one-bedroom unit" for the purposes of this Code.
Dwelling, multiple-family. A building designed for or occupied exclusively by three or more families living independently of each other.
Dwelling, single-family. A building designed for or occupied exclusively by one family.
Dwelling, two-family. A building designed for or occupied exclusively by two families living independently of each other.
Dwelling unit. A room or group of rooms occupied or rented, or intended to be occupied or rented, as separate living quarters by a single family.
Employee housing. Living quarters within a portion of a main building or in an accessory building located on the same lot with the main building, used for persons employed on the premises.
Essential services. Facilities such as wires, lines, cables or pipes and supporting structures thereof that are reasonably necessary to provide local properties with water, sewer, gas, electric, telecommunications or similar services. "Essential services" shall not include any cross-county electric transmission lines, telephone trunk lines, microwave stations, transmission pipelines, trunk water lines, interceptor sewer buildings, treatment plants, pumping or regulator stations, or substations.
Exhibition room. A room or rooms used to display items for observation, review or inspection only, and not intended as a place of assembly otherwise.
Existing building. Any building which has been issued a certificate of occupancy or has been legally occupied.
Family. An individual or two or more persons who are related by blood or marriage living together and occupying a single housekeeping unit with single culinary facility, or a group of not more than four persons living together by joint agreement and occupying a single housekeeping unit with single culinary facility on a nonprofit, cost-sharing basis. Domestic servants, employed and residing on the premises, shall be considered as part of the "family."
Family day care home. A residential dwelling unit of a person licensed by the State of Maryland, office of child care licensing and regulation, where care is provided for no more children than as regulated by the State of Maryland.
Fast food restaurant. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state, for consumption either within the restaurant building or off-premises.
Floor area, gross. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings.
Floor area (public).
(1) Commercial 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 centerline of walls separating two buildings, including square footage of decks, patios, porches or other exterior seating areas, but not including:
a. Attic space providing headroom of less than seven feet.
b. Storage areas, work areas, refuse areas, utility areas or other similar areas not normally accessible to customers or to the general public.
c. Exterior steps, fire escapes, or enclosed stair towers.
d. Public or employee restrooms.
e. Accessory off-street parking spaces.
f. Accessory off-street loading spaces.
g. Open air patio ("open air" being defined as without an enclosure of any kind).
(2) 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.
(3) Offices, including medical, professional, banks, savings and loans, real estate or offices 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 centerline of walls separating two buildings, but not including:
a. Attic space providing headroom of less than seven feet.
b. Storage areas, refuse areas, utility areas or other similar areas not normally accessible to customers or to the general public.
c. Exterior steps, fire escapes, or enclosed stair towers.
d. Accessory off-street parking spaces.
e. Accessory off-street loading spaces.
f. Open air patio ("open air" being defined as without an enclosure of any kind).
Frontage.
(1) Lot frontage. The distance for which the front boundary line of the lot and the street line are coincident.
(2) Street frontage. All of the property on one side of a street between two 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 side between an intersecting street and the dead-end of the street.
Garage, parking. A building or portion thereof designed or used for the temporary storage of motor vehicles.
Grade. Grade elevation shall be measured at the crown of the improved street upon which a building fronts, measured at the point perpendicular to the midpoint of the lot line. In the case of a lot which fronts on more than one improved street, the grade elevation is the average elevations of the crowns of the two streets, measured at the points perpendicular to the midpoints of the lot lines. For a building located in the interior of a block which fronts only upon an alley, the grade elevation is the average elevations of the crowns of the streets on opposite sides of the block. "Grade" for buildings fronting on the boardwalk (or Atlantic Avenue) is determined as above without consideration of the boardwalk (or Atlantic Avenue) or any alleys.
Home occupation. An occupation or activity which is clearly incidental and secondary to the use of the premises for residential purposes and which is carried on by a member of the family residing on the premises in accordance with section 110-908.
Hospital. A building or group of buildings having room facilities for overnight patients, used for providing services for the inpatient 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. Regardless how owned or titled, a "hotel" is a building or group of buildings which shall:
(1) Be operated exclusively as a place of temporary lodging for compensation.
(2) Be open to the public generally rather than to a limited group.
(3) Contain a public lobby and guest registration office with guest rooms and suites.
(4) Provide full-time on-site management, guest registration personnel, daily maid service and maintenance to all guest rooms and suites.
(5) Limit the number of different guest room and suite keys to the number of guest rooms and suites approved by Ocean City; rooms or suites shall not be subdivided or used to provide more separate living areas than approved by Ocean City.
(6) Not have individual utility connections metered separately, including water, sewer, and electric, to individual guest rooms and suites.
(7) Maintain a sign with the name of the hotel on the outside of the property, with the word "hotel" prominently displayed.
(8) Maintain records for all guest rooms and suites, for at least the most recent two years, including names and addresses of guests and term of stay, and make said records available for inspection by the department on 24 hours' notice.
(9) Comply with the minimum lot area per dwelling unit specified in the district regulations.
(10) Not be construed to include any building or structure defined as a multiple-family dwelling in this chapter for the purpose of calculating lot area per unit and off-street parking per dwelling unit. In the case of mixed use dwelling types, the required minimum lot area per unit and parking requirements shall equal the sum of the requirements of the various uses computed separately.
Hotel guest room. A one-story room, the size of which may not exceed 500 square feet, that is not susceptible to permanent division and which may contain a kitchen or kitchenette and not more than one bathroom, both of which must be located at the same end of the room.
Hotel guest suite. A one-story single dwelling unit not exceeding 700 square feet of gross floor area, which may contain a kitchenette and not more than one bathroom, bedroom area and a living area.
Industrialized building. A building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprising two or more "industrialized building" units. All "industrialized buildings" shall be approved and certified as required by the Annotated Code of Maryland.
State law reference(s)--Certification of industrialized buildings, Ann. Code of Md. art. 83B, § 6-204.
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.
Landscaping. The permanent planting or emplacement of living plants for the purpose of protecting, preserving and promoting the aesthetic appeal, scenic beauty, character and value of the properties within Ocean City and to promote public health and safety through the reduction of noise pollution, stormwater runoff, air pollution, visual pollution and light glare.
Loading space. A space within the main building or on the same lot providing for the standing, loading or unloading of trucks.
Lodginghouse. Same as "roominghouse."
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, and having its principal frontage upon a street.
Lot area. The total horizontal area within the lot lines of the lot, excluding any street or alley rights-of-way.
Lot, corner. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
Lot, depth of. The average horizontal distance between the front and rear lot lines.
Lot, interior. A lot other than a corner lot.
Lot line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or other right-of-way.
Lot, through (double-frontage). A lot having a frontage on two approximately parallel streets or places.
Lot width. The horizontal distance between the side lot lines, measured at the required front yard line.
Manufactured housing. A factory-built, single-family structure that is manufactured under the authority of the National Manufactured Home Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
Manufactured housing and mobile home park. A parcel of land under single ownership that has been planned and improved for the placement of manufactured housing and mobile homes for dwelling purposes.
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, the 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, multiple-family dwelling, single-family dwelling, or similar use where docking of boats is incidental to the permitted use shall not be considered a "marina."
Mobile home. A transportable, factory-built home, built on a permanent chassis, designed to be used as a yearround residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
Motel. Same as "hotel" except the rooms are directly accessible from an outdoor parking area. The term "motel" shall include "motor court," "tourist court," "motor lodge," "motor inn" and the like.
Nightclub. An establishment in which the primary use is the sale of alcoholic beverages and which provides entertainment and/or an area for dancing.
Noncommercial. Any activity conducted for personal use or enjoyment without the intent of realizing a profit or recovering costs through the sale of goods or services, or any use or activity conducted by a nonprofit organization.
Nonconforming building or structure. Any building or structure which lawfully existed prior to the adoption, revision or amendment of this chapter, which does not comply with the applicable bulk, density (lot area per dwelling unit), and parking regulations of the district in which it is located.
Nonconforming lot. A lot of record which legally existed prior to the adoption, revision or amendment of this chapter, which does not conform to the requirements of this chapter as to width of lot, depth of lot or minimum lot area.
Nonconforming use. Any lawfully existing use of a building or other structure or of land which existed prior to the adoption, revision or amendment of this chapter, which does not conform to the applicable use regulations of the district in which it is located.
Nonprofit. A type of activity conducted exclusively for the purpose of providing the community or its members with a service or facility, with no part of its net income inuring to the benefit of any shareholder or individual.
Nursing home. Same as "convalescent home."
Open space. A common use area for recreation, conservation of natural resources, public and private noncommercial social and recreational areas and centers, and marinas. The term "open space" shall not include space devoted to roads and parking.
Parking space, off-street. A designated area, on a lot or located in a structure, used for the off-street parking of a motor vehicle.
Permitted use. A use which is or may be lawfully established as authorized by the district regulations, provided it conforms with all requirements and regulations for the district in which such use is located.
Premises. A lot, together with all buildings, structures and uses thereon.
Private. Any land or structure not owned and operated by a public or quasipublic jurisdiction or organization.
Public. Any land or structure owned and operated by a public or quasipublic jurisdiction or agency for the public benefit.
Receiving area. In a TDR program, the designated zones to which development rights may be transferred from property in a sending area.
Regulations. The whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols contained or referred to in this chapter.
Restaurant. Any establishment where food and drink are prepared, served and consumed and whose design or principal method of operation is characterized by customers being provided with an individual menu and being served their food and drink by a restaurant employee at the same table or counter at which said items are consumed. A minimum of 51 percent of gross sales must be created by the sale of food.
Roominghouse. A building where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.
Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses.
Sending area. In a TDR program, the designated zones from which development rights may be severed from property to be transferred to property in a receiving area.
Shopping center, community. A group of two or more business establishments containing more than 40,000 square feet gross floor area designed as a large scale commercial center offering a shopping environment for the general public.
Shopping center, neighborhood. A group of two or more business establishments designed to provide primarily for retail shopping, personal service uses, and indoor recreational activities to meet the daily needs of residents and vacationers in the vicinity of their neighborhood.
Sign. For definitions pertaining to signs, see section 110-880.
Site plan. A drawing illustrating a proposed development and prepared in accordance with the specifications of article II, division 8.
Special exception. A use or structure which may be authorized by the Board of Zoning Appeals that would not be appropriate generally or without restriction throughout a district but which, if controlled, could be appropriate within that district. Such uses and structures may be permitted as special exceptions only if specific provision for such use or structure is made in the applicable district regulations.
Storage structure. Any structure that is used for storage and does not have a door or other entranceway into a dwelling unit and that does not have water fixtures within its confines, the use of which is limited solely to storage of inanimate objects.
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 be no floor next above it, then the space between such floor and the ceiling next above it. The first "story" shall be considered the lowest "story" of which the ceiling is seven feet or more above the average grade as defined in this chapter.
Street. A public or private thoroughfare which affords the principal means of access to abutting property.
Street line. A dividing line separating a lot, tract or parcel of land from a contiguous street.
Structure. Anything erected, the use of which has fixed location on the ground or attachment to something having fixed location on the ground, including but not limited to buildings, swimming pools, fences, walls, signs, and towers.
Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.
Swimming pool. Any portable pool or permanent structure containing a body of water 18 inches or more in depth and 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 other type of pool located and designed so as not to create a hazard or be used for swimming or wading.
Tavern. An establishment used primarily for the serving of alcoholic beverages by the drink to the general public and where food or packaged alcoholic beverages may be served or sold only as accessory to the primary use.
Townhouse. A single-family dwelling forming one of a group or series of three or more attached single-family dwelling units subdivided into individual ownership separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another.
Transfer of development rights (TDR). A process by which development rights may be transferred from one parcel of land to another.
Variance. A modification only of bulk or area requirements where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the results of any action taken by the applicant, a literal enforcement of the ordinance would result in unnecessary hardship or practical difficulty.
Waterway. Any body of water, including any creek, lagoon, canal, river, bay or any other body of water, but not including a swimming pool.
Waterway line. A line marking the normal division between land and a waterway as established by the department.
Yard. An open space, other than a court, on a lot and unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
Yard, front. A yard extending across the front of a lot between the side lot lines and measured between the street line and the main building or any projections thereof except as otherwise provided in this chapter. On corner lots, the "front yard" shall be considered as parallel to the street upon which the lot has its least dimension.
Yard, rear. A yard extending across the rear of a lot between the side lot lines and measured between the rear lot line and the main building or any projection thereof except as otherwise provided in this chapter.
Yard, side. A yard extending from the front yard to the rear yard and measured between the side lot line and the side of the main building or any projection thereof except as otherwise provided in this chapter.
ADD FIGURE
(Ord. No. 1993-1, § 105-3.2, 1-19-1993; Ord. No. 1997-1, 3-3-1997)
Sec. 110-3. Rules of construction.
The following general rules shall apply to the regulations of this chapter:
(1) The singular number includes the plural, and the plural the singular, unless the context clearly indicates the contrary.
(2) Words used in the present tense include the past and future tenses, and the future the present.
(3) The word "shall" is mandatory and not discretionary. The word "may" is permissive.
(4) The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure."
(5) Words and terms not defined herein shall be interpreted in accord with their normal dictionary meanings and customary usage.
(6) The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(Ord. No. 1993-1, § 105-3.1, 1-19-1993)
Sec. 110-4. Interpretation; conflicting regulations.
(a) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, or general welfare.
(b) Whenever there is conflict between the minimum requirements of this chapter, the more restrictive requirement shall be enforced.
(c) 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 or regulations, or by easements, covenants or agreements, the provisions of this chapter shall govern.
(Ord. No. 1993-1, §§ 105-5.8, 105-32.1, 1-19-1993)
Charter reference(s)--Conflicts with other ordinances, § C-809.
State law reference(s)--Conflicts, Ann. Code of Md. art. 66B, § 7.02.
Sec. 110-5. Severability.
The provisions of this chapter are hereby declared to be severable. If any word, phrase, clause, sentence, paragraph, section or part in or of this chapter, or the application thereof to any person or circumstance, is declared invalid, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected thereby but shall remain in full force and effect, the Mayor and City Council hereby declaring that it would have ordained the remaining provisions of this chapter without the word, phrase, clause, sentence, paragraph, section or part, or the application thereof, so held invalid.
(Ord. No. 1993-1, § 105-1.3, 1-19-1993)
Editor's note--Articles 7, 9, 24, 25 and 27 of Ord. No. 1993-1, referred to in subsection (b) of this section, are codified herein as div. 3 of art. IV, div. 5 of art. IV, div. 22 of art. IV, div. 2 of art. V, and div. 3 of art. V, respectively.
Sec. 110-6. Territorial applicability.
This chapter shall apply to the incorporated territory of Ocean City, Maryland.
(Ord. No. 1993-1, § 105-1.2, 1-19-1993)
Sec. 110-7. Purpose of regulations and districts.
The zoning regulations and districts, as herein established, are intended to promote the health, safety and general welfare of the residents and tourists of Ocean City, Maryland, by implementing Ocean City's comprehensive plan to serve the following purposes: to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, parks, and other public requirements; to conserve the value of buildings and other structures; to encourage the most appropriate use of land throughout Ocean City; and to divide Ocean City into zoning districts of such character, number, shape, and area as are best suited to effect the foregoing purposes.
(Ord. No. 1993-1, § 105-2.1, 1-19-1993)
Charter reference(s)--Purpose of zoning regulations, § C-803.
Sec. 110-8. Compliance with regulations required.
(a) 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 in conformity with the regulations as set forth in this chapter.
(b) No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a certificate of compliance shall have been issued by the department, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
(Ord. No. 1993-1, § 105-5.1, 1-19-1993)
Sec. 110-9. Uses not specifically permitted are 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.
(Ord. No. 1993-1, § 105-5.5, 1-19-1993)
Secs. 110-10--110-30. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
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*Cross reference(s)--Administration, ch. 2.
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DIVISION 1. GENERALLY
Sec. 110-31. Enforcement; penalty.
(a) It shall be the duty of the administrator 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 Ocean City to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction or land uses.
(b) 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.
(c) Any person or corporation who shall violate any of the provisions of this chapter or who shall 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, shall be guilty of a municipal infraction. 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 who 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.
(Ord. No. 1993-1, § 105-32.2, 1-19-1993; Ord. No. 1994-10, 5-16-1994; Ord. No. 1999-5, 3-3-1999)
Sec. 110-32. Variances.
Variances to district regulations shall be in accordance with section 110-95.
(Ord. No. 1993-1, § 105-5.12, 1-19-1993)
Secs. 110-33--110-50. Reserved.
DIVISION 2. APPLICATIONS, PERMITS AND FEES
Sec. 110-51. Building permit required; exceptions.
(a) A building permit shall be obtained from the department, except as prescribed in subsection (b), for all structures to be erected, constructed, altered, located, moved, converted, extended or enlarged and for all uses set forth in this chapter whether or not a building or structure is involved unless they are otherwise exempted. The administrator shall not approve a building permit until all regulations within this chapter have been complied with.
(b) Amusement rides and attractions regulated by the State of Maryland's Amusement Ride Safety Act, Ann. Code of Md., Business Regulation article, tit. 3 (Ann. Code of Md., Business Regulations article, § 3-101 et seq.), are not required to obtain a building permit provided they are located within an approved amusement park.
(Ord. No. 1993-1, § 105-31.1, 1-19-1993)
Sec. 110-52. Application for building permit or zoning approval; building permit and site plan expiration.
(a) All applications for building permits and zoning approvals shall be on forms as prescribed by the department. All applications shall be accompanied by a site plan prepared in accordance with article II, division 8, and such other information as may be necessary to provide for the enforcement of these regulations, including construction plans. A record of the original applications, site plans and other documents shall be kept in the department, and a duplicate copy shall be kept at the building site at all times during construction.
(b) Applications for building permits, as prescribed by the department, may be filed by the property owner, contract purchaser, option holder, lessee or their legal representative, contractors or agents.
(c) Building permit and site plan expiration.
(1) Building permits shall expire after six months from the date issued unless actual construction has started and continued pursuant to the terms of said permit.
(2) All applications for site plan approval shall be transferred to the inactive files after 18 months have elapsed from the date of site plan approval, unless a building permit for the project is obtained prior thereto or unless the Planning Commission or board of appeals has designated some greater length of time for said site plans to remain active. Once site plans for a project have been placed in the inactive files, no further consideration shall be given said inactive site plans, and any approvals of said site plans shall lapse. It shall be necessary for a new application and plans to be submitted; the new application and plans shall be required to meet all regulations in effect as of the date of such new application.
(3) Projects proposing phased construction.
a. A project approved for construction in phases shall obtain a building permit for the initial phase within 18 months from the date of site plan approval. Other phases may obtain building permits beyond the 18-month life span as long as each phase continues to conform to all zoning requirements in effect at the time of application for a building permit for each phase.
b. If, upon application for a building permit for a phase of an approved project, a site plan no longer conforms to all zoning requirements, the applicant may obtain said permit based on the approved plan if the application is submitted to the department within 90 days after the issuance of the certificate of occupancy for the previous phase.
c. If more than 90 days have elapsed since the issuance of the certificate of occupancy for the previous phase and the original 18-month site plan life has lapsed, a site plan which no longer meets all zoning requirements shall be transferred to the inactive files. Once plans have been placed in the inactive files, no further consideration shall be given said inactive plans, and any approvals shall lapse. If future development of said project is desired it shall be necessary for a new application and plans to be submitted in full conformance with the procedures in article II, division 8 of this chapter; said new plans shall be required to meet all building and zoning regulations in effect as of the date of such new application.
(Ord. No. 1993-1, § 105-31.2, 1-19-1993)
Sec. 110-53. Filing fees.
A filing fee shall accompany all applications for building permits, conditional uses, special exceptions, site plans, subdivisions and rezonings, change of use or amendment in accordance with the fee schedule officially approved by the Mayor and Council and posted with the department.
(Ord. No. 1993-1, § 105-31.3, 1-19-1993)
Sec. 110-54. Inspections and certificates of occupancy.
(a) The following inspections shall be required:
(1) Foundation layout inspection. (The department may require a location survey verifying compliance with minimum setbacks.)
(2) Rough-in inspection.
(3) Final inspection.
(4) Periodic inspections may be performed by the department at its discretion.
(b) No premises shall be occupied or used until a certificate of occupancy shall have been issued by the department stating that the premises comply with the regulations set forth in this chapter.
(c) Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued upon completion of work in conformity with the provisions of this chapter.
(Ord. No. 1993-1, § 105-31.4, 1-19-1993; Ord. No. 1994-10, 5-16-1994)
Secs. 110-55--110-70. Reserved.
DIVISION 3. NONCONFORMING USES, STRUCTURES AND LOTS
Sec. 110-71. Purpose.
This zoning ordinance establishes separate districts, each of which is an appropriate area for the location of the uses and structures which are permitted in that district. It is necessary and consistent with the establishment of those districts that all uses and structures incompatible with permitted uses and structures be strictly regulated and properly controlled. The purpose of the special regulations of this division is to encourage preservation, revitalization and redevelopment of existing nonconforming uses, structures and lots in the various districts.
(Ord. No. 1993-1, § 105-26.1, 1-19-1993)
Sec. 110-72. Determination of existence of nonconforming use, structure or lot.
(a) The existence and extent of a nonconforming use, structure or lot shall be a question of fact to be determined by the administrator. If, after investigation and an on-site inspection, the administrator cannot make a confident determination, he may require the property owner to apply to the Board of Zoning Appeals for determination of nonconformity following a public hearing.
(b) The administrator shall keep a record of all determinations of nonconformities and provide the same to the Planning Commission and Board of Zoning Appeals at each regularly scheduled meeting.
(c) A fee in accordance with the fee schedule officially approved by the Mayor and Council and posted with the department shall be paid by the applicant for determination of nonconformity.
(Ord. No. 1993-1, § 105-26.2, 1-19-1993)
Sec. 110-73. Continuation of nonconforming use.
(a) Any bona fide use of land or structure which lawfully exists at the effective date of this chapter may be continued although such use does not conform to the provisions hereof, subject to the regulations of this division. The nonconforming use of land or a structure may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for use at the time of the enactment of this chapter or subsequent amendment.
(b) The casual, intermittent, temporary or illegal use of land or structures 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.
(Ord. No. 1993-1, § 105-26.3, 1-19-1993)
Sec. 110-74. Change or discontinuance of nonconforming use or nonconforming structure.
(a) Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(b) No building or land or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of two 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.
(c) Nonconforming structures shall not be extended, expanded, enlarged or added to in any manner except in compliance with minimum bulk regulations. Existing encroachments within required yards and open space shall not be expanded, enlarged or added to in any manner within required yards or open space.
(d) Nonconforming structures which have been damaged by any cause whatsoever may be repaired or rebuilt, provided that any repair or rebuilding does not in any respect increase the extent of nonconformity in any manner whatsoever.
(e) Nonconforming structures may be altered, renovated, rebuilt or expanded provided that such alteration, renovation, reconstruction or expansion does not in any manner increase the degree of noncompliance in any respect.
(f) The permitted uses of nonconforming structures may be changed to other permitted uses provided the change of use does not in any manner increase the degree of noncompliance in any respect.
(Ord. No. 1993-1, § 105-26.4, 1-19-1993; Ord. No. 1997-1, 3-3-1997)
Secs. 110-75--110-90. Reserved.
DIVISION 4. BOARD OF ZONING APPEALS*
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*Charter reference(s)--Board of Zoning Appeals, § C-807.
Cross reference(s)--Boards, commissions and committees, § 2-161 et seq.
State law reference(s)--Board of appeals, Ann. Code of Md. art. 66B, § 4.07.
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Sec. 110-91. Creation; membership; rules; meetings.
(a) The board of appeals is hereby created. The board shall consist of five members and one alternate and one temporary alternate. The members shall be appointed by the Mayor and be confirmed by a majority vote of the City Council. Alternate and temporary alternate designations shall be made by the council. Members, the alternate and the temporary alternate shall be removable for cause upon written charges and a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The term of office of the members of the board shall be three years. All members, the alternate and the temporary alternate shall meet the same qualifications as candidates and members of the Council.
(b) 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 three members of the board, and in all instances an affirmative majority vote 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.
(Ord. No. 1993-1, § 105-33.1, 1-19-1993; Ord. No. 1994-1, 5-16-1994)
Sec. 110-92. Hearing procedures.
(a) Applications for special exceptions, interpretations 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. If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or his legal representative. 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, which shall be held not less than 14 days after such advertising, 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.
(b) An appeal to the board may be taken by any person aggrieved by an adverse decision of the administrator, or by any officer, department, board or bureau of Ocean City affected by any decision of the administrator. Such appeal shall be taken within 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 records 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) 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 60 days following the hearing. At the hearing, any party may appear in person or by agent or by attorney. Public notice of the hearing shall be in accordance with article II, division 7. 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 make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the administrator.
(d) 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 the applicant or his representative.
(Ord. No. 1993-1, § 105-33.2, 1-19-1993)
Sec. 110-93. Powers.
The board of appeals shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrator in the administration or enforcement of this chapter.
(2) To hear and decide on applications for special exceptions upon which the board is specifically authorized to pass under this chapter.
(3) To hear and decide on applications for variances upon which the board is specifically authorized to pass under this chapter.
(4) To hear and decide on applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary.
(5) To hear and decide on applications for determination of existence of a nonconforming use in cases when the administrator cannot make a confident determination.
(Ord. No. 1993-1, § 105-33.3, 1-19-1993)
Sec. 110-94. Special exceptions.
In order to provide for adjustments in the relative location of uses and buildings of the same or different classifications, to promote the usefulness of these regulations as instruments for factfinding, interpretation, application and adjustment, and to supply the necessary elasticity to their efficient operation, special exceptions are permitted within the allowed district. Special exceptions are permitted if the board finds that, in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property under the terms of this chapter.
(1) Special use exceptions as specified in the district regulations.
(2) Special exceptions to parking and loading requirements.
a. Off-street parking areas adjacent to or at a reasonable distance from the premises may be authorized by the board to reduce parking deficiency (nonconformity) for an existing use for which the parking is required where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would best be served by permitting such parking off the premises.
b. Waiver or reduction of the parking requirements and design standards in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities.
c. Waiver or reduction of the loading space requirements and design standards in any district whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities.
(3) Special yard exceptions.
a. An exception to the yard regulations is permitted on a lot where, on said lot or on the adjacent lot, there is a front, side or rear yard that does not conform to such yard regulations in a way similar to the exception applied for, but such a permitted exception shall not encroach upon an existing or proposed right-of-way.
b. An exception to the depth of a rear yard is permitted on a lot in a block where there are nonconforming rear yards.
c. An exception is permitted where there are irregularities in depths of existing front yards on a street frontage on the side of a street between two intersecting streets, so that any one of the existing depths shall, for a building hereafter constructed or extended, be the required minimum front yard depth.
(4) Special building-moving exceptions.
a. An exception to the prohibition against the moving of buildings is permitted, provided that the board finds that the following conditions and standards are met:
1. That the moving of said building will not adversely affect the uses of adjacent and neighboring property.
2. That the character of the neighborhood to which the building is being moved will not be adversely affected.
3. That the building being moved will not unduly adversely affect the value of neighboring properties in the area to which the building is being moved.
4. That adequate off-street parking facilities are provided.
5. That sidewalks are constructed or will be constructed to Ocean City specifications prior to the occupancy of the building for any purpose.
6. That all other zoning requirements that apply to new construction are being met.
7. That either the town engineer or any other professional registered engineer or architect certifies that said building, as moved, will comply fully with all the requirements of the Standard Building Code or any other such building code in effect within Ocean City at the time of the hearing before the board.
8. That either the town engineer or any other professional registered engineer or architect certifies that the moving of said building will not cause any damage to municipally maintained streets. Regardless of the certification of any other engineer or architect, this condition will not be considered as having been met if the town engineer certifies that damage will be caused to Ocean City streets as a result of the proposed move.
9. That the building to be moved will meet all current fire safety standards subject to the Fire Marshal.
b. There shall be submitted along with an application for a special building-moving exception a site plan showing the property to which the building is being moved. Said site plan shall show:
1. The proposed location of the building to be moved.
2. The location of all sidewalks.
3. A parking plan that is in accordance with the parking requirements of this chapter.
4. The locations of buildings on all adjacent lots and their relation to the proposed building's location.
c. The applicant shall submit to the board a color photograph, not more than 60 days old, of the building that he proposes to move. He shall also provide the board with color photographs, not more than 60 days old, of all buildings located on lots that abut the property and of all buildings on the opposite side of any street within 50 feet of the site to which the building is to be moved.
d. In granting a special building-moving exception, the board may specify appropriate conditions and safeguards other than those specified in section 110-96.
e. All buildings moved pursuant to this division shall comply completely with all standards herein established and any conditions or safeguards specified by the board, within 90 days of the issuance of any moving permit.
f. Any such building-moving exception so granted shall be contingent on the applicant therefor depositing with Ocean City, Maryland, a cash bond in an amount to be determined by the board, but in no event less than $500.00, which said cash bond shall be forfeited to Ocean City if the building or buildings being moved pursuant to said exception remains on or remain on, or continues or continue to traverse, any public way within Ocean City for more than a total of two days.
(Ord. No. 1993-1, § 105-33.4, 1-19-1993)
Sec. 110-95. Variances.
The purpose of a variance from the terms of this chapter is to afford a safety valve so that carrying out the strict letter of the terms of this chapter may not occasion unnecessary hardship or practical difficulty to particular property owners, but the necessity of observing the spirit of this chapter in maintaining public health, safety and welfare persists, even where the variance is granted.
(1) The board shall have the power to grant the following variances:
a. Variance to minimum yard requirements.
b. Variance to minimum lot requirements, including lot area (lot size), width of lot and depth of lot.
(2) Variances based on hardship may only be granted by the board upon the applicant demonstrating to the board that exceptional hardship upon the applicant would exist if the variance is not granted. It is not enough to simply allege hardship or simply to say that hardship is one of the grounds on which the variance is sought. There must be a showing of facts to clearly indicate that hardship is involved in a case and the extent of the hardship. The applicant has the burden of demonstrating the hardship and the extent thereof. When determining hardship, the board will consider the following:
a. That the hardship is unique to the particular lot, tract or parcel of land for which the variance is requested and is not a hardship shared by all or most of the properties in the general neighborhood.
b. That the hardship is not a financial one alone, although it may be considered along with the other hardships demonstrated by the applicant.
c. That the hardship is not merely for the convenience of the applicant.
d. That the hardship is due to the exceptional narrowness, shallowness, size or shape of the specific piece of property.
e. That the hardship is due to the exceptional topographical conditions or other extraordinary situations or conditions of the specific piece of property.
f. That the hardship is due to the use or development of property immediately adjacent to the property of the applicant.
(3) No variance shall be authorized unless the board finds that the condition or situation of the property involved or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
(Ord. No. 1993-1, § 105-33.5, 1-19-1993)
Sec. 110-96. Authority to impose conditions on special exceptions and variances.
In approving a special exception or variance, the board shall have the power to impose conditions including but not limited to the following:
(1) No outside signs or advertising structures except professional or directional signs.
(2) Limitation of signs as to size, type, color, location or illumination.
(3) Amount, direction and location of outdoor lighting.
(4) Amount and location of off-street parking and loading space.
(5) Cleaning or painting.
(6) Gable roof or other type.
(7) Construction and materials.
(8) Connection or disconnection with other buildings.
(9) Exits or entrances, doors and windows.
(10) Paving, shrubbery and landscaping, or ornamental or screening fences, walls or hedges.
(11) Time of day or night for operation of use.
(12) No storefronts.
(13) No structural changes.
(14) Control or elimination of smoke, dust, gas, noise or vibration caused by operations.
(15) Requirements for termination of a use based on lapse of time or such other conditions as the board may specify.
(16) Such other conditions as are necessary.
(Ord. No. 1993-1, § 105-33.6, 1-19-1993)
Sec. 110-97. Cancellation or withdrawal of application for special exception or variance.
Whenever an applicant for a special exception or variance cancels or withdraws his application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same special exception or variance shall be more than four months after the original public hearing was scheduled.
(Ord. No. 1993-1, § 105-33.7, 1-19-1993)
Sec. 110-98. Lapse of special exception or variance.
After the board has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted or if the board does not specify some longer period than one year for good cause shown. Once a special exception or variance has expired the provisions of these regulations shall thereafter govern.
(Ord. No. 1993-1, § 105-33.8, 1-19-1993)
Sec. 110-99. Amendment of special exception or variance.
The procedure for amendment of an approved special exception or variance, or a request for a change of conditions attached to an approval, shall be the same as for a new application, except that minor amendments of an approved site plan may be approved by the board at a regular meeting after written reports by the administrator that the amendments are minor and do not require a public hearing.
(Ord. No. 1993-1, § 105-33.9, 1-19-1993)
Sec. 110-100. Appeals to courts.
Appeals to courts from a decision of the board may be filed in the manner prescribed by law.
(Ord. No. 1993-1, § 105-33.10, 1-19-1993)
State law reference(s)--Appeals to courts, Ann. Code of Md. art. 66B, § 4.08.
Secs. 110-101--110-120. Reserved.
DIVISION 5. CONDITIONAL USES
Sec. 110-121. Purpose.
The development and execution of this chapter is based upon the division of Ocean City into districts, within which districts the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district without further consideration, in each case, of the impact of those uses upon neighboring land. The Mayor and Council may authorize conditional uses, in harmony with the purpose and intent of this chapter and the comprehensive plan, only in the specific instances herein set forth, where the Mayor and Council makes findings of fact in accordance with the standards herein prescribed and, further, finds that the conditional use will not be contrary to the public interest.
(Ord. No. 1993-1, § 105-34.1, 1-19-1993)
Sec. 110-122. Approval procedures.
(a) An application for a conditional use listed within the district regulations may be made by any property owner, tenant, government official, department, board or bureau. If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or his legal representative. The application shall be filed with the department on prescribed forms and shall be accompanied by a preliminary site plan prepared in accordance with article II, division 8. The administrator shall forward such application and all relevant data to the Planning Commission, who shall hold a public hearing in accordance with article II, division 7 on the proposed conditional use and shall review the site plan for compliance with the requirements of this chapter before submitting its recommendation and report to the Mayor and council. The Planning Commission may make reasonable additional requirements including, but not limited to, any of the following:
(1) Utilities.
(2) Drainage.
(3) No outside signs or advertising structures except professional or directional signs.
(4) Limitation of signs as to size, type, color, location or illumination.
(5) Amount, direction and location of outdoor lighting.
(6) Amount and location of off-street parking and loading spaces.
(7) Cleaning or painting.
(8) Gable roof or other type.
(9) Construction and materials.
(10) Connection or disconnection with other buildings.
(11) Exits or entrances, doors and windows.
(12) Paving, shrubbery and landscaping, or ornamental or screening fences, walls or hedges.
(13) Time of day or night for operation of use.
(14) No storefronts.
(15) No structural changes.
(16) Control or elimination of smoke, dust, gas, noise or vibration caused by operations.
(17) Curb cuts and traffic control.
(18) Height of buildings and setback of buildings.
(19) Such other conditions as are necessary.
(b) After receiving the report and recommendation from the Planning Commission, the Mayor and Council shall make findings of fact in each specific case, including but not limited to the following:
(1) Population change.
(2) Availability of public facilities.
(3) Present and future transportation patterns.
(4) Compatibility with existing and proposed development for the area.
(5) The recommendation of the Planning Commission.
(6) The relationship of such proposed conditional use to the comprehensive plan.
(c) The Mayor and Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation thereof as deemed necessary to reduce or minimize any effect of such use upon other properties in the neighborhood, and to secure compliance with the standards and requirements specified in this chapter. The Mayor and Council may require such evidence and guarantees as it deems necessary to ensure compliance with conditions imposed in connection therewith. Failure to comply with such conditions and restrictions imposed shall constitute a violation of this chapter.
(d) Unless otherwise specified in this division 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.
(e) Following approval by the Mayor and Council, a final site plan shall be prepared in compliance with the specifications of the Mayor and Council and the requirements of this chapter and applicable laws, regulations and ordinances and filed in the records of the department. Permits shall be issued in accordance with the approved site plan.
(Ord. No. 1993-1, § 105-34.2, 1-19-1993)
Sec. 110-123. Acceptance of conditional use by applicant.
Any conditional use approved by the Mayor and Council must be unconditionally accepted as approved, by written agreement, to the Mayor and Council by the applicant requesting such use within 90 days after such conditional use has been approved by the Mayor and Council. If the applicant is a person other than the property owner, the property owner or the property owner's legal representative shall cosign the acceptance agreement. Failure to so accept in writing, as herein provided, any such use so approved by the Mayor and Council shall be considered a rejection and abandonment by the applicant of any such conditional use so approved, and thereafter any such use so approved shall be null and void and of no effect whatsoever.
(Ord. No. 1993-1, § 105-34.3, 1-19-1993)
Sec. 110-124. Public hearings and notice requirements.
(a) Pursuant to the provisions of Ann. Code of Md. art. 66B, § 4.06, as amended, the Planning Commission is hereby designated as the hearing examiner for the purpose of holding public hearings as required by the provisions of Ann. Code of Md. art. 66B and by this chapter. A quorum of four members of said Planning Commission shall be sufficient for holding hearings required under this chapter, and a majority vote of those members of the commission shall be required for a favorable recommendation for any change, amendment, or supplement to this chapter.
(b) Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be in accordance with article II, division 7.
(c) Whenever an applicant for a conditional use cancels or withdraws his application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same conditional use shall be more than four months after the original public hearing was scheduled.
(d) Whenever an application requesting a conditional use has been denied by the Mayor and Council, such application, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.
(Ord. No. 1993-1, § 105-34.4, 1-19-1993)
Sec. 110-125. Lapse of conditional use.
After the Mayor and Council have approved a conditional use, the conditional use so approved shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such conditional use was approved or if the Mayor and Council does not specify some longer period than one year for good cause shown. Once a conditional use has expired, the provisions of these regulations shall thereafter govern.
(Ord. No. 1993-1, § 105-34.5, 1-19-1993)
Sec. 110-126. Abandonment of conditional use.
Whenever a conditional use which was approved by the Mayor and Council remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, such use so approved shall be considered abandoned and thereafter shall be null and void and of no effect whatsoever.
(Ord. No. 1993-1, § 105-34.6, 1-19-1993)
Secs. 110-127--110-140. Reserved.
DIVISION 6. CHANGES AND AMENDMENTS*
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*Charter reference(s)--Zoning amendments, §§ C-804, C-805.
State law reference(s)--Amendments, Ann. Code of Md. art. 66B, §§ 4.03, 4.04.
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Sec. 110-141. Purpose.
The regulations, definitions, districts, classifications and boundaries set forth in this chapter may from time to time be amended, modified or repealed by the Mayor and Council. Amendments to the text of this chapter and the reclassification of any property or the relocation of any district boundary shall be by ordinance passed by the Mayor and Council.
(Ord. No. 1993-1, § 105-35.1, 1-19-1993)
Sec. 110-142. Procedure for text amendments.
(a) Applications for amendments to the text of this chapter may be made by any person who is a property owner, by motion of the Planning Commission or by resolution of the Mayor and Council. Such applications for text amendments shall be filed with the department on prescribed forms.
(b) Text amendments shall be first reviewed by the Planning Commission, who shall hold a public hearing in accordance with article II, division 7 for the proposed text amendment, and following the required public hearing the Planning Commission shall make a report and recommendation to the Mayor and Council on the proposed text amendment. Upon receipt of the Planning Commission's report and recommendation the Mayor and Council shall render a decision on the request based on the record established during the public hearing.
(Ord. No. 1993-1, § 105-35.2, 1-19-1993)
Sec. 110-143. Procedure for map amendments.
(a) Application. Application for amendment of the official zoning maps may be made only by a governmental agency or by the property owner, contract purchaser, option holder, lessee, their attorney or the agent of the property to be directly affected by the proposed amendment. Every such application shall contain the following information:
(1) If the applicant is a corporation, the names and residences of the officers, directors and all stockholders owning more than 20 percent of the capital stock of the corporation.
(2) If the applicant is a partnership, whether a general or limited partnership, the names and residences of all partners who own more than 20 percent of the interest of the partnership.
(3) If the applicant is an individual, his name and residence.
(4) If the applicant is a joint venture, unincorporated association, real estate investment trust or other business trust, the names and residences of all persons holding an interest of more than 20 percent in the joint venture, unincorporated association, real estate investment trust or other business trust.
(5) If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or the property owner's legal representative.
Such proposals for map amendments shall be on forms prescribed by the department and shall be accompanied by a plat drawn to scale showing property lines, and the existing and proposed district boundaries. Such plat shall not be required for sectional or comprehensive reclassifications. Applications for map amendments shall be addressed to and filed with the department.
(b) Amendments. Map amendments shall be first reviewed by the Planning Commission, who shall hold a public hearing in accordance with article II, division 7 for the proposed map amendment. Following the required public hearing, the Planning Commission shall formulate its recommendation on such amendment or change and shall submit its recommendation and pertinent supporting information to the Mayor and Council within 90 days after the public hearing held by the Planning Commission. Failure of the commission to report within 90 days after the public hearing on the proposal shall be deemed a favorable recommendation from the Planning Commission.
(c) Findings. Where the purpose and effect of the proposed amendment is to change the zoning classification, the Mayor and Council shall make findings of fact in each specific case including, but not limited to, the following matters:
(1) Population change.
(2) Availability of public facilities.
(3) Present and future transportation patterns.
(4) Compatibility with existing and proposed development for the area.
(5) The recommendation of the Planning Commission.
(6) The relationship of such proposed amendment to the comprehensive plan.
The Mayor and Council may grant the reclassification based on a finding that there has been a substantial change in the character of the neighborhood where the property is located or that there is (was) a mistake in the existing zoning classification. In addition, the Mayor and Council may change the zoning classification as a revision to the comprehensive plan pursuant to section 110-224 hereof.
(d) Conditional map amendments. The Mayor and Council, upon the zoning or rezoning of any land or lands pursuant to the provisions of this authority, may impose such additional restrictions, conditions or limitations as may be deemed appropriate to preserve, improve or protect the general character and design of the lands and improvements and may, upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or lands to assure conformity with the intent and purpose of this authority and of the zoning ordinance.
(1) The provisions of section 110-142(a) and (b) with respect to Planning Commission review, recommendation to the Mayor and Council, public hearings and changes to the commission's recommendation shall apply equally to conditional zoning, except that changes to recommended conditions to be sought may be approved by the Mayor and Council without referral to the Planning Commission for further recommendation.
(2) Applications for conditional zoning and publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on subject land shall be reviewed in accordance with the public hearing procedures set forth in article II, division 7.
(3) Amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application.
(e) Restrictions, conditions or limitations.
(1) Restrictions, conditions or limitations sought to be imposed shall be adopted by ordinance of the Mayor and Council. Conditions may be a part of the ordinance approving any proposed reclassification or may be adopted by separate ordinance.
(2) Said ordinance shall contain as a minimum the following information:
a. A description of the property affected by the conditions imposed.
b. The zoning classification of the property affected by the conditions imposed.
c. The name of owners of record and, if under option, the prospective owners.
d. Maps, drawings or illustrations that may more fully or clearly illustrate said conditions. Any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving ordinance.
e. The method of assuring compliance with all conditions imposed, including the title of the department responsible for enforcement as determined by the Mayor and Council.
(3) Recording; filing. Subsequent to approval by the Mayor and Council, a signed, certified copy of the ordinance, under the name of the owner of record, approving conditions of zoning shall be recorded with the department.
(f) Enforcement; requirements for certificate of occupancy.
(1) The administrator or his designee shall be the officer authorized by the Mayor and Council to enforce the conditions imposed by the Mayor and Council in the approving ordinance.
(2) No certificate of occupancy shall be issued by the administrator prior to the fulfillment of the conditions imposed by the approving ordinance or the posting of a performance bond in accordance with the policy of the Mayor and Council.
(Ord. No. 1993-1, § 105-35.3, 1-19-1993)
Sec. 110-144. Public hearings and notice requirements.
(a) Pursuant to the provisions of Ann. Code of Md. art. 66B, § 4.06, as amended, the Planning Commission is hereby designated as the hearing examiner for the purpose of holding public hearings as required by the provisions of Ann. Code of Md. art. 66B and by this chapter. A quorum of four members of said Planning Commission shall be sufficient for holding hearings required under this chapter, and a majority vote of those members of the commission shall be required for a favorable recommendation for any change, amendment, or supplement to this chapter.
(b) Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be in accordance with article II, division 7.
(c) Whenever an applicant for a change or amendment cancels or withdraws his application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same change or amendment shall be more than four months after the original public hearing was scheduled.
(d) 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 year after the previous denial.
(Ord. No. 1993-1, § 105-35.4, 1-19-1993)
Sec. 110-145. Protests.
In case of a protest against a change or amendment signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent to the rear thereof extending 175 feet therefrom or of those directly opposite thereto extending 175 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of five-sevenths of all the members of the governing body.
(Ord. No. 1993-1, § 105-35.5, 1-19-1993)
Secs. 110-146--110-160. Reserved.
DIVISION 7. REQUIREMENTS FOR PUBLIC NOTICE
Sec. 110-161. Generally.
Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be made as follows:
(1) Posting of property. The property which is the subject of the proceeding shall be posted with a sign. The sign shall be of sufficient size to reasonably advise the public of the public hearing, shall contain a reference to where plans may be examined, and shall be posted not less than 14 days prior to the public hearing. The sign shall be posted (to the extent possible) within a reasonable distance of a public road serving or near the property, so as (to the extent possible) to be reasonably visible to the public. Posting requirements shall be subject to the following modifications and provisions:
a. Where the property lines are difficult to ascertain, posting on an adjacent property may be found to be sufficient.
b. Evidence of posting shall be provided at the public hearing, but no evidence that the sign remained standing during the period of posting shall be required. When a posted sign is destroyed or removed, the property shall be reposted upon written request, but the date of posting shall be the date of original posting.
c. Except in the case of the 14-day requirement, the hearing agency shall have the authority to determine whether or not a good faith effort to comply with the posting requirements is sufficient to satisfy the intent of such requirements so as to reasonably advise the public of the pending proceeding.
Any applicant and/or property owner of the property subject to the proceedings shall be deemed to have consented to the entry by the public upon the property for the purpose of viewing any sign. Posting shall not be required for proposed sectional or comprehensive map amendment procedures or for proposed amendments to the text of this chapter.
(2) Newspaper advertising. All proceedings under the terms of this chapter requiring a public hearing shall be advertised in one newspaper of general circulation in Ocean City once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the date such proceeding is scheduled for hearing, which advertisement shall state the following:
a. The date, time and place of such hearing.
b. A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding and the relief sought by the initiator of the proceeding.
c. Reference to the place or places within Ocean City where the plans, ordinances or amendments may be examined.
d. The location of the property involved, if any, the name of the applicant and file or case number of the proceeding, and the name of the governmental body before which such proceeding is to be conducted.
e. Any other information deemed necessary to adequately inform the public of the proceeding.
(Ord. No. 1993-1, § 105-36.1, 1-19-1993)
Secs. 110-162--110-180. Reserved.
DIVISION 8. SITE PLAN REVIEW
Sec. 110-181. Application.
(a) No building permit shall be issued for any work in connection with a use or structure until a site plan has been reviewed and approved for such use or structure. The site plan shall be reviewed for compliance with Ocean City's comprehensive plan, this division and other applicable regulations. The Planning Commission may require changes to site plans requiring its approval or attach conditions or restrictions when such changes, conditions or restrictions coordinate the proposed development with surrounding properties or improve the protection of the public's health, safety and general welfare.
(b) In reviewing a site plan, the Planning Commission shall consider and impose requirements where deemed appropriate with respect to the following:
(1) Vehicular traffic flow, both on-site and off-site.
(2) Access to structures.
(3) Access to public streets.
(4) Pedestrian movement.
(5) Fire equipment and emergency access.
(6) Refuse removal.
(7) Landscaping and maintenance of natural beauty.
(8) Drainage flow and structures.
(9) Signage.
(10) Lighting.
(11) Screening for certain uses.
(12) Height of buildings.
(13) Utilities and community facilities.
(14) Impact on surrounding properties.
(Ord. No. 1993-1, § 105-37.1, 1-19-1993)
Sec. 110-182. Planning Commission approval required for certain uses.
Site plans for the following major uses shall be subject to review by the Planning Commission:
(1) Subdivided two-family dwellings and townhouses.
(2) Multiple-family dwellings containing more than ten dwelling units or forming a part of a multiple-family development of two or more buildings.
(3) Mobile home parks and mobile home subdivisions.
(4) Roominghouses, boardinghouses and lodginghouses.
(5) Hotels and motels.
(6) Private clubs.
(7) Churches, temples and synagogues.