1. The square footage of the footprint of an accessory structure shall not exceed fifty percent (50%) of the footprint of the principal structure.

2. Except as herein provided in Article IX, no accessory structure shall project beyond a required yard line along any street.

3. An ornamental fence or wall not more than three and one-half (3 1/2) feet in height may project into or enclose any required front or side yard to a depth from the street line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards, provided that such fences and walls do not exceed a height of seven (7) feet.

4. Accessory structures which are not a part of the main structure, although they may be connected by an open breezeway, may be constructed in a rear yard, provided that such accessory structure does not occupy more than thirty percent (30%) of the area of the required rear yard and provided it is not located closer than five (5) feet to the rear lot line nor closer than three (3) feet to a side lot line.

5. The placement of propane gas storage tanks on any location inside the corporate limits of the Town of Rock Hall shall be governed by N.F.P.A. Pamphlet No. 58, Propane Gas Code as amended. Any person or persons aggrieved by the placement of such tanks on any property in the corporate limits of the Town of Rock Hall should contact the Mayor and Council's office or the Administrator.

6. The accessory use of gasoline storage tanks for home use, if permitted by the Maryland State Department of Natural Resources and necessary Federal agencies, requires a permit from the Town of Rock Hall and must be placed underground in accordance with state codes on the storage of gasoline and must be in a side or rear lot only.

1. Facilities for breakfast shall be in a common location customarily used by a single family in the structure. No separate kitchens shall be provided. Meals (breakfast only) shall be provided for bed and breakfast guests and residents only.

2. Such uses are limited to five (5) guest rooms, excluding resident management quarters.

3. In the R-1, R-2, and R-3 Districts, such uses shall be owner-occupied. In the non-residential Districts where allowed, the facility may be manager-occupied.

4. One (1) off-street parking space shall be provided for each guest room.

1. The storage of fuel is subject to all applicable local, state, and federal regulations.

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

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

3. No boathouse shall be built closer than ten (10) feet to the side lot line and the structure shall not exceed twenty (20) feet in width or forty (40) feet in depth.

1. The projection of docks, wharves, and piers into waterways beyond the waterway line, lot line, or established bulkhead lines or the placing of mooring lines or buoys shall be limited by applicable Town, State, and Federal regulations. A wharf, pier, or pile may not project more than twenty-five percent (25%) of the width of the waterway.

2. Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the Town, State and Federal governments.

3. The water area used by a residence or marina shall be limited to the area within a basin, which is to be determined from the subject property's shoreline at mean high water prior to any development and/or expansion. The limits of the basin shall be bounded by the mean high-water line of the subject site, the two side lot line extensions drawn and a line drawn to connect their channelward ends.

1. The business shall be effectively screened from the view of any abutting land in a Residential District or land proposed to be used for residential purposes.

2. The subject property shall be of sufficient size to accommodate development of the type and scope proposed.

3. Applicant shall submit a description (graphic or narrative) of the proposed architectural design.

4. Materials, textures, colors and designs of fences, walls, and screening shall be compatible with the on-site development, the adjacent properties and the neighborhood.

5. Drive through lanes shall be marked with distinctive pavement markings and/or special striping, and shall not block exit or entry to off-street parking spaces otherwise required on the site.

1. The minimum area of the cemetery shall be ten (10) acres, unless associated with a church.

2. Arrangements are made satisfactory to the Town Attorney for perpetual maintenance of the cemetery.

1. Applicant shall meet the requirements of appropriate State and local agencies for child care.

2. Applicant shall provide verification of qualifications to conduct the proposed use.

3. The Planning Commission may prescribe specific conditions determined necessary to minimize effects of the use on neighboring properties given identification of concerns specific to a particular site.

1. The Planning Commission shall specify hours of operation or other conditions deemed necessary to adequately protect nearby property owners.

2. The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.

1. The facility shall be under control and direction of a board of managers the majority of whom shall be residents of the area intended to be served by the facility.

2. The Planning Commission shall consider factors including safety, traffic and noise and may prescribe additional conditions to address these concerns.

1. The facility shall be buffered from all adjacent uses by an opaque vegetative buffer a mimimum of six (6) feet in height.

1. Applicant shall submit a detailed written statement discussing the type of facility proposed.

2. Applicant shall provide description (graphic or narrative) or the proposed architectural design.

3. All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.

4. Proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.

5. Off-street parking and loading areas, swimming pools, tennis courts, golf tees, lighting, and maintenance facilities may require additional screening as determined by the Planning Commission.

6. Buildings shall be designed to complement and contribute to the neighborhood in terms of shape, style, roof line, color, and material.

1. Applicant shall meet the requirements of appropriate State and local agencies for family/group care.

2. Applicant shall provide verification of qualifications to conduct the proposed use.

3. The Planning Commission may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site.

4. Parking and loading shall be provided at the rear of the site.

5. Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.

6. The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.

7. Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities.

1. The use shall be designed so that pedestrian and vehicular circulation is coordinated with that of adjacent properties. A traffic impact study may be required.

2. Drive through lanes shall be marked with distinctive pavement markings and/or special striping, and shall not block exit or entry to off-street parking spaces otherwise required on the site.

1. Dwelling units in conjunction with a business use are permitted on the basis of not more than one (1) dwelling unit for every 2,000 square feet of non-residential floor area and subject to a maximum of four (4) dwelling units, each with a minimum of six hundred (600) square feet of floor area.

2. Dwellings may not be located on the ground level of the structure.

1. Echo homes are limited to a total of six hundred and fifty (650) square feet of floor area, one (1) bedroom, and the height limits for accessory structures.

2. Echo homes must be architecturally compatible with the main structure on the lot in terms of similarity of building materials, rooftype, and roof line.

3. Echo homes must share the principal structure's utilities. No separate meters are allowed.

1. Statement shall be submitted by the applicant explaining the character of the facility, the program's policies, goals, means proposed to accomplish these goals, characteristics of the service population and number of residents to be served, operating methods and procedures, and any other aspects pertinent to the facility's program.

2. Applicant shall provide description (graphic or narrative) of the proposed architectural design.

3. All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.

4. Subject property shall have frontage on and direct vehicular access to an existing street with sufficient capacity to accommodate any traffic generated by the proposed use.

5. Parking and loading shall be provided at the rear of the site.

6. All trash and refuse shall be stored in a self-enclosed storage area at the rear of the site.

7. No retail activities shall be permitted.

8. The proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.

9. The applicant shall meet the requirements of appropriate State and local agencies for group homes.

10. The total number of residents and supervisors shall not exceed eight (8) persons.

1. The applicant shall demonstrate that the occupation or activity is clearly incidental and secondary to the use of the premises for dwelling purposes, will be conducted within the dwelling or a structure accessory thereto, and will be carried on by a member of a family residing on the premises.

2. There shall be no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the structure.

3. No more than two (2) persons outside the resident family may be employed on the premises.

4. No equipment may be used which creates offensive noise, vibration, smoke, toxicity, dust, odor, heat, or glare.

5. Storage or repair in an accessory structure or yard of the nets, fishing gear or other equipment necessary for the operation of his business by a fisherman or tradesman is allowed, provided that such nets, gear, or equipment shall be kept in the open only during the season for which such open storage is necessary and at other times shall be cleaned up and stored neatly in a rear yard or in a way to comply with the requirements for other home occupations.

6. Within the above requirements, a home occupation or cottage industry includes but is not limited to the following: an art studio; dressmaking; professional office of a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent or other similar occupation; teaching, with musical instruction limited to one (1) or two (2) pupils at a time; barbershops with not more than two (2) working chairs; and beauty parlors with not more than three (3) working stations; however, a home occupation shall not be interpreted to include animal hospitals, child-care centers (caring for more than ten (10) children), tearooms, restaurants, or activities involving the use of hazardous or toxic material.

7. A sign for identification of a permitted home occupation or cottage industry shall be limited to two (2) square feet in area and shall not be illuminated.

1. The applicant shall comply with all applicable Town, State, and Federal rules and regulations.

2. All structures shall be located at least two hundred (200) feet from any adjacent residential lot or use.

3. All parking areas shall be located at least fifty (50) feet from any adjacent residential lot or use.

4. Applicant shall submit a detailed written statement discussing the type of facility proposed.

5. Applicant shall provide description (graphic or narrative) or the proposed architectural design.

6. All proposed accessory uses shall be identified and the maximum square footage allotted for each use shall be indicated on the site plan.

7. Proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.

8. A statement shall be submitted by the applicant explaining the character of the facility, the characteristics of the service population, the number of residents to be served, operating methods and procedures, and any other aspects pertinent to the facility's program.

9. All sides of the use shall have compatible architectural treatment and shall be architecturally compatible with the structure group, or neighborhood with which it is associated.

10. A minimum of fifty percent (50%) of the gross site area shall be open space. The open space shall be generally continuous, accessible to the residents, and protective of natural features.

11. The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.

12. Disposal of waste shall be through approved, safe means and shall be separate from regular trash disposal.

13. No equipment may be used which creates offensive noise, toxicity, vibration, smoke, dust, odor, heat, or glare.

1. The applicant shall site new structures to ensure that adjacent properties have visual privacy and sunlight as well as protection from the new development's site illumination, noise, and odor, as applicable.

2. The applicant shall design structures to complement and contribute to a desirable community character in terms of shape and style, roof lines, color, and materials.

3. Accessory uses may include gift shop, beauty shop, barber shop, restaurant, cocktail lounge/night club, auditorium/meeting room facilities, and similar retail stores and commercial establishments.

4. Circulation and parking shall be adequate to fulfill requirements of all proposed uses -- principal and accessory. The Planning Commission may require a traffic analysis provided by the applicant demonstrating adequacy of the system.

5. The applicant shall design and site structures to screen from public view unsightly elements such as shipping and loading areas, transformers, dumpsters, and meters.

6. The applicant shall design the structure roof to screen mechanical equipment from public view and to contribute to an attractive streetscape.

7. The applicant shall develop the public streetscape between the structure and the street curb as a safe and convenient pedestrian way with attractive amenities such as paving, lighting, seating, shelter, and landscaping.

8. The applicant shall design fences and retaining walls that are consistent in materials and quality to that of the structure and the adjacent properties.

9. The applicant shall design and locate signs so that their illumination is directed away from adjacent neighbors.

10. The applicant shall integrate ground signs into the design of the site and the streetscape.

1. Houses of worship shall have their principal means of access from a major street and shall be located on a lot of at least two (2) acres in area.

2. Structures used primarily for religious activities may be erected to a greater height than permitted in the District in which it is located, provided that the front, side, and rear setbacks shall be increased one (1) foot for each foot by which such structure exceeds the height limitation established for the District in which such structure is located.

1. Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.

2. The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.

3. Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities at the time the project is submitted.

1. All uses shall be conducted within a completely enclosed structure with no open storage of raw, in-process or finished material and supplies or waste material. Finished or semifinished products manufactured on the premises may be stored in the open, if screened from the street and adjacent uses by landscaping or fences. The location, type, and extent of all proposed screening shall be shown on the site plan.

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

3. All structures shall be limited to forty (40) feet in height unless otherwise approved by the Board of Appeals under Article XIII.

4. Adequate parking and loading space shall be provided off the street for all employees and traffic to the structure, if necessary in excess of the minimum requirements of Article VIII.

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

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

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

8. All fencing shall have a uniform and durable character and shall be properly maintained. Chain link fences with ribbon weaving shall not be permitted.

9. Raw materials, waste products, and other byproducts associated with the process shall be identified by the applicant prior to approval.

10. An impact statement shall be submitted explaining:

11. Any industrial use established after the effective date of this Ordinance shall be so operated as to meet the standards established hereinafter and all applicable State and Federal laws and standards. Any use already established on the effective date of this Ordinance shall be permitted to continue provided that no alteration, expansion, enlargement, or modification shall be permitted which does not meet the performance standards herein or which effectively increases the degree of non-conformity which existed prior to any alteration, expansion, enlargement, or modification.

a. Noise - All sources of noise (except those not under direct control of the occupant of the use, such as vehicles), must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, between 7:00 PM and 7:00 AM, the permissible sound levels at a residential use boundary where adjoining industrial uses, shall be reduced by five (5) decibels in each octave band and in the overall band for impact noises.

Decibel - A measurement of the intensity (volume) of a sound.

Octave Band - A prescribed interval of sound frequencies which classifies sound according to its pitch.

Preferred Frequency Octave Bands - A stigmatized series of octave bands prescribed by the American Standards Association in Se 1.6-1970 Preferred Frequencies for Acoustical Measurements.

Sound Level Meter - An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with an octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

Earthborne vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions.

Particulate matter emission caused by the wind from open storage areas, yards, roads, etc. shall be kept to a minimum by appropriate landscaping, paving, wetting, or other means.

For the purposes of determining the density or equivalent opacity of smoke, the Ringelmann Chart as adopted and published by the United States Bureau of Mines in Circular No. 8333 (7718) shall be employed.

Within one-thousand (1000) feet of a residence or commercial zoning District boundary line, the emission of visible smoke from any vent, stack, chimney, or combustion process, darker than Ringelmann No. 2 for a period or periods aggregating more than four (4) minutes in any sixty (60) minute period shall not be permitted.

Each future occupant of an industrial character shall submit to the Town a certified engineer's report describing: the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air, or water of liquid, solid, or gaseous effluent and electrical impulses, vibrations and noise under normal operations, and the specifications or treatment methods and mechanisms to be used to control such emission or discharge.

1. All commercial uses are required to provide a visual buffer from adjacent residential uses.

2. Parking spaces or parking lot drive aisles shall not be closer than ten (10) feet to the front property line.

1. The marina shall comply with all Town, State, and Federal codes, regulations, laws, and ordinances.

2. The proposed design shall be satisfactory as regards such safety features as the location of fueling points, fuel

storage, the effect on navigation, the possibilities for water pollution, and service by fire hydrants.

3. The marina shall be properly located with respect to access roads and existing and future developed areas.

4. The necessary approvals shall be obtained from the required regulatory agencies.

5. The projection of docks, wharves, and piers into waterways beyond the waterway line, lot line, or the placing of mooring lines or buoys shall be limited by applicable Town, State, and Federal laws, and a wharf, pier, or pile may not project more than twenty-five percent (25%) of the width of the waterway.

6. Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be erected and maintained in accordance with applicable location and construction standards of the Town, State, and other required regulatory agencies.

7. The water area used by a marina shall be limited to the area within a basin, which is to be determined from the subject property's shoreline at mean high water prior to any development and/or expansion. The limits of the basin shall be bounded by the mean high-water line of the subject site, the two side lot line extensions drawn and a line drawn to connect their channelward ends.

8. Sanitary facilities shall be required at the following rate:

As the number of slips increases, urinals may be substituted for 1/2 the toilets in male facilities.

For facilities with over one hundred (100) slips, the number and type of sanitary facilities required shall follow the above pattern.

9. Interior roadways, parking areas and walkways shall be designed to preserve natural features, such as beaches, trees, and wetlands. Interior roadways shall be a minimum of twenty (20) feet in travelway, remain unobstructed at all times, and shall be well-maintained; lanes of sufficient width shall be maintained to accommodate fire and emergency equipment at all times.

10. Each marina shall maintain fire suppression and prevention equipment and facilities in good repair and in easily accessible locations and shall conform to the requirements of the Town Fire Officer and the State Fire Marshall. Any marina enlarging or reconstructing existing pier facilities to fall within the parameter of this Ordinance shall be subject thereto, even though the original piers were constructed prior to adoption of these regulations. The following specific items shall be required:

11. Floating Docks: Applicant shall provide construction drawings prepared by a Maryland certified engineer. These construction drawings shall show:

12. Any material accumulation resulting from dredging or excavation related to marine development may be stored in an approved location for sufficient time to permit it to dry for over-the-road transport. The dredging or excavation permit shall specify this "drying" time.

13. Containerized trash receptacles (dumpsters) shall be required within a reasonable distance of all piers. Such containers shall not be permitted to overflow, cause objectionable odors, or facilitate the breeding of vermin and insects.

1. Concept plan required. The concept plan shall show the following:

2. Concept plan review criteria. These criteria establish a checklist of those items that effect the physical aspects of the Rock Hall environment. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on principles of good design.