ARTICLE 6 - DESIGN AND IMPROVEMENT STANDARDS

Transcription

1 City of Frederick Article 6 ARTICLE 6 - DESIGN AND IMPROVEMENT STANDARDS Contents of Article 6 ARTICLE 6 - DESIGN AND IMPROVEMENT STANDARDS Sec. 600 GENERALLY Sec. 601 ACCESS MANAGEMENT Sec. 602 RESERVED Sec. 603 ARCHEOLOGICAL PROTECTION Sec. 604 BUILDING AND URBAN DESIGN STANDARDS Sec. 605 LANDSCAPING STANDARDS Sec. 606 LOTS AND BLOCKS Sec. 607 PARKING AND LOADING STANDARDS Sec. 608 PARKS AND OPEN SPACE Sec. 609 RESERVED Sec. 610 SITE DESIGN USING CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) Sec. 611 STREET IMPROVEME0NT STANDARDS Sec. 612 UTILITIES AND EASEMENTS Sec. 613 SOLID WASTE STORAGE/DUMPSTER ENCLOSURES Sec. 600 GENERALLY (a) Applicability (1) This article establishes policies to guide the design and review of proposed developments involving the layout of new lots and streets and the installation of new public facilities. (2) The requirements of this Section shall be used in conjunction with the documents published by the Engineering Department and entitled "Standard Design and Construction Details" (SDCD), as amended, which documents are incorporated by reference in this Code, to guide the design of public improvements within the City of Frederick. Supp. No. 5, Article 6 Design and Improvement Standards

2 600 Generally City of Frederick (b) Accessibility (1) Infrastructure Infrastructure construction and improvements of facilities shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C Subsection et seq., Pub. L and implementing regulations at 28 C.F.R. parts 35 and 36) and the Maryland Accessibility Code (COMAR et seq.). (2) Multifamily Housing Multifamily housing development shall comply with section 804 (f)(5)(c) Fair Housing Amendments Act of 1988 and the implementing regulations codified at 24 CFR , and the Maryland Accessibility Code (COMAR et seq.). Article Design and Improvement Standards Original Adopted Version,

3 City of Frederick 601 Access Management Sec. 601 ACCESS MANAGEMENT Purpose: this section regulates the amount and nature of vehicular access points in order to balance the need for providing access on City-owned roads to individual private properties with the need to preserve an adequate level of capacity on the streets providing access. (a) Generally The following standards will be utilized to determine the adequacy of lot layouts so that safe and adequate access to each lot is provided. (1) All lots shall be designed so that adequate physical access to a public or private street is provided for the purposes of vehicular access, utility hookup, and emergency vehicle access. (2) Vehicular access ingress and egress restrictions from streets may be imposed by requiring subdivision plats to identify and grant to the proper road authority access control authority. (3) Curb cuts or driveway permits are required prior to the construction of any new or the reconstruction of existing access point. Any new access or the widening of an existing access point shall be reviewed and approved by the Engineering Department in accordance with the provisions of this section, prior to the Building Department issuing a curb cut/driveway permit. Any maintenance or repair of an existing access point shall require a curb cut/driveway permit from the Building Department, pursuant to Chapter 22, Article III of the City Code or the agency with authority over the particular street. 1(b) Turn Around Required All residential parking areas of ten (10) or more spaces, all other parking areas of twenty (20) or more spaces, and all loading areas shall be served by access drives designed with a loop, cul-de-sac, or other feature which eliminates dead-end drives or increases maneuverability in conformance with the SDCD. Except for driveways for single-family, duplex, twofamily, and townhouse dwellings, all entrances to property shall be designed so that traffic entering or leaving a property at a public way is traveling in a forward motion. Supp. No. 1, Article 6 Design and Improvement Standards

4 601 Access Management City of Frederick (c) Intersection Visibility All access drives to parking and loading areas shall be located and designed so that traffic entering or leaving such areas at a public way is clearly visible for a reasonable distance, as established in 611 (t) Sight Triangle, by pedestrians and other vehicular traffic. (d) Access Drive Design (1) Curb cuts or driveway approaches shall have a minimum width as follows: 9 Table Size of Curb Cuts Zoning Districts R4, R6, R8, R12, R16, R20, RO, PB, NC, GC, MO, M1, M2, MXE, MU, IST (subject to subsection (2), below) 1-way 2-way Zoning Districts DB, DR, DBO, IST/HDO (subject to subsection (3), below) 1-way (serving 20 or fewer parking spaces) 1-way (serving 21 or more parking spaces) 2-way Minimum Width 15 feet 24 feet 9 feet 10 feet 18 feet Rules of Interpretation for Table 601-1: if a property is located in a base district and an overlay district for which a minimum width is described, the minimum width of the overlay district governs. (2) One (1) way access drives shall conform to City s or State Highway Administration s design specifications and shall be appropriately channelized to direct traffic. All two (2) way drives shall have two (2) lanes clearly marked to allow vehicles to enter and exit the property in a safe manner. (3) In Downtown districts, one (1) and two (2) way drives not exceeding nine (9) feet in width must include a sign indicating that vehicles entering from a public street have the right-of-way over traffic exiting and that all traffic must yield to pedestrians. (4) Driveways with more than one (1) entry and one (1) exit lane shall incorporate channelization features to separate the entry and exit sides of the driveway. Double yellow lines may be considered instead of medians where truck off-tracking is a problem. Article Design and Improvement Standards Supp. No. 3, 9-06

5 City of Frederick 601 Access Management (e) (5) Driveways across from median openings shall be consolidated wherever feasible to coordinate access at the median opening. Minimum Number of Access Points Purpose: this subsection is designed to increase accessibility by emergency vehicles, increase driver options, and assure the uncongested flow of traffic. (1) All parking areas of more than one hundred (100) parking spaces shall have at least one (1) access point to a public street and one (1) access point to an adjacent property. (2) If the Planning Commission finds that subsection (1) would be physically impractical or would impose an undue hardship, the applicant shall provide two (2) access points on a public street. (3) Where the access drive separation requirements in subsections (1) and (2) above are not feasible, and other overriding factors are present, the Planning Commission or Department may approve a site plan with a single access location if: A. compensating measures such as a monumented access point are provided; and B. the access point is a two (2)way access that complies with subsection (c), above. (f) Access Drive Separation (1) The Planning Commission or Department, at time of site plan or subdivision plat approval, may approve or disapprove any point of access to a property. In approving ingress or egress to a state highway, only those locations acceptable to the State Highway Administration can be approved. (2) The minimum spacing of access points shall conform to the separation standards Table 601-2, below. For the purposes of this section, access points on both sides of the road must be applied. (3) If narrowness of the lot, existing entrances and exits, or sight distance limitations make strict adherence to these guidelines impossible, the Planning Commission or Department may determine appropriate access locations for a property that will assure maximum traffic safety and level of service on the public street. Original Adopted Version, Article 6 Design and Improvement Standards

6 601 Access Management City of Frederick Table Separation Standards Minimum Distance Between a: On a Local Street (feet) On a Collector Street (feet) Local street and local street Local street and a collector street Local street and an arterial street Collector street and a collector street Collector street and an arterial street Collector street and an arterial street Arterial street and a local street Arterial street and a collector street Arterial street and an arterial street Single-family or duplex driveway * and a local street Single-family or duplex driveway * and a collector street Single-family or duplex driveway * and an arterial street Other driveway and a local street Other driveway and a collector or arterial street Single-family or duplex driveway and single-family or duplex driveway * Single-family or duplex driveway and other driveway Single-family or duplex access drive and an arterial street Single-family detached or duplex access drive and a single-family or duplex access drive * * * Single-family or duplex access drive * and an other access drive Other driveway and other driveway Rules of Interpretation for Table 601-2: A dash ("---") means that new* New access points are not permitted. A blank cell means that no minimum distance applies. On an Arterial Street (feet) Article Design and Improvement Standards Original Adopted Version,

7 City of Frederick 601 Access Management Sec. 602 RESERVED Supp. No. 5, Article 6 Design and Improvement Standards

8 603 Archeological Protection City of Frederick Pages Reserved This page left intentionally blank Article Design and Improvement Standards Original Adopted Version,

9 City of Frederick 603 Archeological Protection Sec. 603 ARCHEOLOGICAL PROTECTION (a) Archeological Resources The purpose of this section is to identify, evaluate, and protect archeological sites in the City of Frederick. 10(b) Applicability This section applies to: (1) Any application for a subdivision plat approval, except for consolidation of lots or the subdivision of one infill residential lot into two lots. (2) Applications for grading or building permits that involves ground disturbance of 5,000 square feet or greater. (3) Building permits for ground disturbance in parcels containing inventoried archeological sites or within National Register or locally designated archeological or historic sites or districts. (c) (d) Administration This section shall be administered by the Planning Department. The Planning Department may adopt reasonable procedures for its administration, consistent with applicable law. Assessment of archeological potential Prior to filing an application for approval of work involving subsurface disturbance within the City of Frederick, the applicant shall consult with the Planning Department to obtain an assessment of archeological potential for the property. The Planning Department, in coordination with a Professional Archeologist whose professional qualifications meet those established by the Secretary of the Interior in the field of archeology, will conduct an assessment of the potential for the proposed project to affect intact archeological remains. The applicant shall provide full and accurate information about all ground disturbing activities proposed at the site. Upon receipt of the information regarding the extent of ground disturbance, the Planning Department shall have 30 days, unless written consent to extend such period is given by the applicant, to work with a Professional Archeologist to complete the Assessment of Archeological Potential. Supp. No. 3, Article 6 Design and Improvement Standards

10 603 Archeological Protection City of Frederick The assessment of archeological potential will combine research and onsite reconnaissance inspection. The results of this assessment shall be presented in an archeological assessment report that provides a summary of the archeological potential of the proposed project area. The analysis shall include a review of previously identified sites, including those contained in the site files of the Maryland Historical Trust, archeological investigations in the vicinity, environmental data, and historic research, including maps. The on-site reconnaissance shall include an inspection of the area proposed for subsurface disturbance to identify obvious prior ground disturbance and the presence of aboveground remains suggesting associated subsurface resources. The recommendations contained in the archeological potential report shall be accompanied by a site map depicting the area of archeological sensitivity. (e) Finding of archeological potential At the conclusion of the archeological assessment, the Planning Department shall take one of the following actions, depending on the findings of the assessment: (1) If the area of proposed disturbance within the site plan area has little potential to contain significant archeological resources, the Planning Department staff shall so certify to the Planning Commission that the proposed ground disturbance will not have an adverse effect on archeological resources in the City, and no further review under this section shall be required. (2) If the Planning Department concurs that the area of proposed ground disturbance within the site plan area has known archeological sites or has the potential to contain resources of archeological significance, and that the proposed development is likely to affect known or potential archeological resources, the applicant shall either: A. Amend the site plan application to avoid ground disturbance in areas of archeological potential; or B. Undertake archeological identification (Phase I) and archeological evaluation (Phase II), as necessary within the area to be disturbed to identify and evaluate intact archeological sites in accordance with standards outlined in the most current edition of the Standards and Guidelines for Archeological Investigations in Maryland (Maryland Historical Trust Technical Report No. 2). Two copies of the archeological identification and evaluation report and completed or updated site forms shall be submitted to the Planning Department for review and comment. Article Design and Improvement Standards Original Adopted Version,

11 City of Frederick 603 Archeological Protection C. The Planning Department shall have ten (10) working days to comment on the submitted materials. After the Planning Department s comments have been addressed, two final copies of the archeological identification or evaluation report and two copies of the site forms shall be submitted to the Planning Department. One copy of the report and forms shall be forwarded to the Maryland Historical Trust. 1. Should no archeological sites be identified as the result of the archeological identification and evaluation investigations, a summary report of negative finding shall be submitted to the Planning Department. 2. Should archeological testing identify significant archeological sites as determined under 603 (f), an archeological management plan shall be submitted to the Planning Department as part of the final site plan application. The applicant maintains the right to amend his or her application to avoid areas of high archeological potential or known archeological resources. (3) The Planning Department staff shall render a determination in writing regarding the acceptability of the proposed management plan within thirty (30) days after receipt of the report and management plan, unless written consent to extend such period is given by the applicant. (4) An applicant has thirty (30) days from the date of the Planning Department determination to file an appeal with the Zoning Board of Appeals, pursuant to 315. (5) The City will treat archeological site locations and reports with discretion. Original Adopted Version, Article 6 Design and Improvement Standards

12 603 Archeological Protection City of Frederick (f) Criteria for assessment of significance The significance of archeological sites identified within the area of proposed disturbance shall be evaluated by a Professional Archeologist for the Planning Department, applying the National Register of Historic Places criteria for evaluation. An archeological site shall be considered significant if it possesses one or more of the qualities of significance as defined by the criteria. The National Register of Historic Places criteria for evaluation state that the quality of significance in American history, architecture, archeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: (1) that are associated with events that have made a significant contribution to the broad patterns of our history; or (2) that are associated with the lives of persons significant in our past; or (3) that embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (4) that have yielded, or may be likely to yield, information important in prehistory or history. (g) Archeological identification and evaluation report and resource management plan (1) When required under the provisions of this section, the applicant shall submit as part of the site plan or subdivision application an archeological identification report and an evaluation report and resource management plan, as necessary, prepared by a Professional Archeologist. All archeological investigations, reports, and plans shall conform with the most current edition of the Standards and Guidelines for Archeological Investigations in Maryland. The applicant or the authorized agent thereof shall confer with the Planning Department prior to preparing any submission to define and confirm guidelines for such report and plan. Article Design and Improvement Standards Original Adopted Version,

13 City of Frederick 603 Archeological Protection (2) An archeological identification and evaluation report shall include a detailed evaluation of the archeological significance of the site, specifically addressing the proposed disturbance within the site plan area, including a detailed assessment of the information potential of identified sites according to the criteria outlined in Subsection (f). (3) A resource management plan shall include reasonable measures for the preservation or mitigation of adverse effects to significant archeological resources within the area of proposed disturbance of the site plan area, including but not limited to additional archeological testing, archeological data recovery, site construction monitoring, field recording, photography, laboratory analysis, conservation of organic and metal artifacts, curation of the collection (e.g., artifacts, notes, photographs), public interpretation, and the preparation of reports. (4) The resource management plan shall provide reasonable measures for further archeological study, stabilization, conservation, curation of recovered artifacts by an appropriate public or private curation facility or museum, and in situ preservation of archeological resources found within the site plan area, as required by the Planning Commission or Board of Aldermen. (h) Review of archeological evaluation report and resource management plan The archeological identification and evaluation report and resource management plan shall be reviewed and approved, disapproved, or approved with modifications or conditions, as part of the site plan or subdivision review process within sixty (60) days after the date of receipt. Such review will be summarized in writing and will be completed by a Professional Archeologist. In case of a substantive disagreement regarding the findings between the City and the applicant, the City can request a review by the Maryland Historical Trust. Original Adopted Version, Article 6 Design and Improvement Standards

14 605 Landscaping Standards City of Frederick Sec. 604 BUILDING AND URBAN DESIGN STANDARDS Purpose: building design has a profound impact on functionality of the City's streets, human behavior, public health, and the appearance of City's corridors and neighborhoods. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing design principles, which can result in creative solutions that will develop a satisfactory visual appearance within the City, preserve taxable values, and promote the public health, safety and general welfare. This section establishes building and urban design standards that are consistent with the historic built form of the City, and that implement the following plan policies: LU.1.4 As supplemental guidance to the Comprehensive Plan, develop and adopt small area plans [that] include a focus on enhancing community identity through urban design. LU Facilitate the development of communities that mix residential, institutional, commercial and office uses to provide convenience, increase opportunities for walking and transit service, and reduce the number and length of automobile trips. The non-residential uses in these communities should be compatible in design and scale with surrounding neighborhood development. LU.11.8 As part of the update to the City s development regulations, incorporate urban design guidelines. (a) Applicability (1) In order to encourage mixed use development and to coordinate with the Performance Standards established in Article 4, 407, this section applies to any of the following applications: A. Any Master Plan; B. Any Site Plan that is submitted after Master Plan Approval; and C. An application for a conditional use permit to exceed the dimensional standards prescribed in 405: Dimensional and Density Regulations. (2) Upon submittal of a Master Plan, the applicant is required to provide a plan that addresses all of the Master Plan criteria in Article 11; Section 1115 Master Plan. Article Design and Improvement Standards Original Adopted Version,

15 City of Frederick 605 Landscaping Standards (3) Details that are provided in 604: (b) through (d) are required to be placed on the site plan in detail. The site plan must reflect any approvals relative to the requirements of Article 11; Section 1115; however, more detail will be necessary with review of a site plan application. (b) Single-Family/Duplex Dwellings (1) Applicability A. Unless otherwise specified in this Code, this section applies to any of the following uses that are subject to the performance standards of 407B: single-family dwellings; and two-family dwellings/duplexes. B. This section applies to any other use where it is made applicable by a specific section of this Code. (2) Classification The following classification system is adopted for the design elements listed below: A. Class A Dwellings (DR, DBO, DB, MXE, NC, and MU districts) mean dwellings that include at least six (6) of the elements, prescribed below. B. Class B Dwellings (PND district) mean dwellings that include at least five (5) of the elements, prescribed below. C. Class C Dwellings (RC, all R districts, RO, PB, MO, GC, and IST districts) mean dwellings that include at least four (4) of the elements, prescribed below. (3) Elements A. Front Elevation (subsection A below) B. Main Entrance (subsection B below) C. Vehicle and Pedestrian Areas (subsection C below) D. Driveways (subsection D below) E. Garages (subsection E below) F. Roofs (subsection F below) G. Exterior Finish Materials (subsection G below) H. Windows and Entryways (subsection H below) Original Adopted Version, Article 6 Design and Improvement Standards

16 605 Landscaping Standards City of Frederick I. Other elements may be approved by the Planning Commission with a finding that the design is compatible with the intent of this section. A. Front Elevation Dwellings shall include at least two (2) of the following architectural elements in order to provide consistency with the architectural character of Frederick, and to avoid bland streetscapes: 1. dormers; 2. front porches; 3. bay windows; 4. balconies; or 5. other alternative features that are approved by the Planning Commission after review of graphic and written documentation that is submitted with the Master Plan. B. Main Entrance 1. Location of main entrance The main entrance of each primary structure must face the street or courtyard. With buildings that have more than one (1) main entrance only one (1) entrance must meet this requirement. A building must include a front porch or stoop at all main entrances that face a street. The porch or stoop shall adjoin the main entrance, and the main entrance shall be accessible from the porch. 2. Porches Porches used to satisfy the design criteria established herein shall comply with the following: a. Porches shall be covered by a roof. The roof shall not be located more than twelve (12) feet above the floor of the porch. b. The covered area provided by the porch must be at least twenty (20) square feet and a minimum of six (6) feet wide. Article Design and Improvement Standards Original Adopted Version,

17 City of Frederick 605 Landscaping Standards 3. Openings between porch floor and ground Openings of more than one (1) foot between the porch floor and the ground must be covered with an acceptable material that meets the purpose of this section and provides appropriate screening as determined by the Planning Commission. C. Vehicle and Pedestrian Areas, Generally 1. Alleys If the lot or dwelling is served by an alley, access to the garage for motor vehicles must be from the alley, not from a street frontage. 2. Location Parking areas other than driveways may not be located in the front setback. Parking may be provided in the rear yard, and access may be provided through alleys, where the front yard is insufficient to accommodate a driveway. 3. Vehicle areas between the porch and the street Except for driveways, vehicle areas may not be located between the building s porch or porches and an adjacent street unless an acceptable alternative is approved by the Planning Commission at the time of site plan approval. 4. Walkways A walkway shall extend from the sidewalk or street to the main entrance. The walkway shall be at least three (3) feet but may be wider to accommodate the design and functionality of the overall master plan with Planning Commission review and approval. Original Adopted Version, Article 6 Design and Improvement Standards

18 605 Landscaping Standards City of Frederick D. Driveways Restrictions on driveway areas are designed to avoid the domination of front yards by large expanses of impervious surfaces which increase stormwater runoff, create an environment that is hostile to pedestrian activity, and which creates visual blight. 1. Width and Size Driveways and other impervious surfaces shall not comprise more than fifty percent (50%) of the front yard. In no event shall a driveway exceed sixteen (16) feet in width, except for shared driveways which may be twenty two (22) feet. 2. Driveway Entrances Driveway entrances shall not comprise more than fifty percent (50%) of the front lot line and be in conformance with Table Separation Standards. E. Garages 1. Detached garages Detached garages are consistent with the traditional design of Frederick s neighborhoods. These standards encourage detached garages as an alternative to frontloaded attached garages. a. Detached garages are permitted in any zoning district. Detached garages shall be located in the rear yard, and shall comply with the following standards: b. The garage walls shall not exceed the height of the principal structure. c. The garage shall not comprise more than twenty-five percent (25 %) of the principal structure. d. The Planning Commission may modify this section with documentation that demonstrates the design is appropriate. Article Design and Improvement Standards Original Adopted Version,

19 City of Frederick 605 Landscaping Standards F. Roofs 3. Street-facing garage walls a. Applicability This section applies to garages that are accessory to single-family dwelling units or duplexes. Where a proposal is for an alteration or addition to existing development, the standard applies only to the portion being altered or added. Garages that are accessory to attached houses, development on flag lots, or development on lots which slope up or down from the street with an average slope of fifteen percent (15%) or more are exempt from this standard. b. Maximum Length and Size The length of that portion of a garage wall facing the street shall not exceed forty percent (40%) of the length of the street-facing building façade. There may be no more than two (2) individual garage doors. On corner lots, only one (1) street-facing garage wall must meet this standard. Where the street-facing façade of the building is less than twenty-four (24) feet long, the garage wall facing the street may be up to twelve (12) feet long if there is interior living area above the garage 1. Slope Principal structures must have a visible roof that is sloped, with a pitch that is no flatter than four units (4) of horizontal rise to twelve units (12) of horizontal run. 2. Architectural Features The roof of a principal structure shall include the following architectural details: a. At least one (1) dormer facing the street. b. Dormers shall be of a size and scale of the particular architectural character of the project. Supp. No. 1, Article 6 Design and Improvement Standards

20 605 Landscaping Standards City of Frederick 3. Roof Eaves Roof eaves must project from the building wall at least eight (8) inches, measured horizontally to face of gutter, on at least the front and rear elevations. The roof of no less than three (3) attached units must be distinct from the other through either separation of roof pitches or direction, or other variation in roof design unless the Planning Commission allows a modification support by the overall design of the project. G. Exterior Finish Materials 1. Plain concrete block, plain concrete, corrugated metal, are not allowed as exterior finish material. 2. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to nine (9) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are nine (9) inches or less in width. H. Windows and Entryways 1. At least fifteen percent (15%) of the area of a streetfacing facade excluding roof area and garage must include windows or main entryways. 2. All street-facing windows must meet the following requirements. Windows in rooms with a finished floor height four (4) feet or more below grade are exempt from this standard. a. Windows shall have a vertical to horizontal ratio of at least one and one-half to one (1.5:1) but not more than four to one (4:1); or Article Design and Improvement Standards Original Adopted Version,

21 City of Frederick 605 Landscaping Standards (c) b. a horizontal window opening may be created when: two (2) or more vertical windows are grouped together to provide a horizontal opening, and they are either all the same size, or no more than two (2) sizes are used. Where two (2) sizes of windows are used in a group, the smaller window size must be on the outer edges of the grouping. The windows on the outer edges of the grouping must be vertical; the center window or windows may be vertical, square, or horizontal; or the windows are recessed into the face of the building and broken up with smaller panes of glass. 3. The Planning Commission may grant a modification of this requirement after review of graphic and written testimony providing other options that are in keeping with the character of the overall design of the project. Multi-Family Dwelling Units Purpose: the purpose of this section is to provide reasonable design standards for multi-family residential developments and single-family attached residential developments which: provide design flexibility; accommodate affordable housing for current and future residents of the City; protect the health, safety and general welfare of the general public and occupants of the units; protect the property values of surrounding dwelling units; promote a pedestrian-friendly, walkable streetscape; and provide for aesthetically pleasing development patterns. (1) Applicability A. Unless otherwise specified in this Code, this section applies to any of the following uses that are subject to the performance standards of 407: Performance Standards. multiple family dwellings; and townhouses. Original Adopted Version, Article 6 Design and Improvement Standards

22 605 Landscaping Standards City of Frederick B. This section applies to any other use where it is made applicable by a specific section of this Code. (2) Classification The following classification system is adopted for the design elements listed below: A. Class A Dwellings (DR, DBO, DB, MXE,NC, and MU districts) shall include at least five (5) of the elements, prescribed below. B. Class B Dwellings (PND district) shall include at least four (4) of the elements, prescribed below. C. Class C Dwellings (RC, all R districts, RO, PB, MO, GC, and IST districts) shall include at least three (3) of the elements, prescribed below. (3) Elements A. Main Entrance (Subsection A Below) B. Vehicle and Pedestrian Areas (Subsection B below) C. Building Modulation (Subsection C below) D. Roofs (Subsection D Below) E. Exterior Finish Materials (Subsection E below) F. Windows and Entryways (Subsection F below) G. Other elements may be approved by the Planning Commission with a finding that the design is compatible with the intent of this section. Graphic and written justification must be submitted with the application for their review. A. Main Entry Entryways shall face a street, sidewalk, or common area. Buildings shall not face the rear of other buildings on the same lot or parcel unless the rear does not include an entrance. Article Design and Improvement Standards Original Adopted Version,

23 City of Frederick 605 Landscaping Standards B. Vehicle and Pedestrian Areas, Generally 1. Pedestrian Facilities Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to: parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or linear parks and on-site amenities such as recreation areas. These interior sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in 611(s) Street Improvement Standards. Sidewalks, in combination with curbs and gutters, shall be required adjacent to all public streets that provide access to the development. 2. Alleys If the site is served by an alley, access to garage or off street parking for motor vehicles must be from the alley, not from a street frontage. 3. Vehicle areas between the porch and the street Vehicle areas may not be located between the building s porch or porches and an adjacent street. 4. Walkways A walkway shall extend from the sidewalk or street to the main entrance. The walkway shall be at least three (3) feet but may be wider to accommodate the design and functionality of the overall master plan with Planning Commission review and approval. C. Building Modulation The following standards shall apply to building design: 1. Building walls shall not exceed two hundred (200) feet in length or consist of more than ten (10) units. Original Adopted Version, Article 6 Design and Improvement Standards

24 605 Landscaping Standards City of Frederick 2. Facades of the individual units greater than fifty (50) feet in length, measured horizontally, shall incorporate wall plane projections or recesses. Ground floor facades that face public streets shall have arcades, windows, entry areas, awnings, or other such features along no less than sixty percent (60%) of their horizontal length. 3. Multi-family buildings that face single-family homes shall be articulated at intervals consistent with the single family lot lines or the lot lines of the opposing block. Long, continuous buildings have a barracks like character and are not permitted. The massing of buildings should be broken into smaller modules at the street level, especially where facing single-family homes. D. Roofs 1. Slope Principal structures must have a visible roof that is sloped, with a pitch that is no flatter than twelve units (12) of horizontal run to four units (4) of horizontal rise. Article Design and Improvement Standards Original Adopted Version,

25 City of Frederick 605 Landscaping Standards 2. Architectural Features The roof of a principal structure shall include the following architectural details: a. At least one (1) dormer facing the street. b. Dormers shall be of a size and scale of the particular architectural character of the project 3. Roof Eaves Roof eaves must project from the building wall at least eight (8) inches, measured horizontally from face of gutter, on at least the front and rear elevations. The roof of not less than three (3) attached unit must be distinct from the other through either separation of roof pitches or direction, or other variation in roof design. E. Exterior finish materials A. Plain concrete block, plain concrete, corrugated metal, plywood and sheet pressboard are not allowed as exterior finish material. Composite boards manufactured from wood or other products, such as hardboard or hardplank, may be used when the board product is less than six (6) inches wide. B. Where wood products are used for siding, the siding must be shingles, or horizontal siding, not shakes. C. Where horizontal siding is used, it must be shiplap or clapboard siding composed of boards with a reveal of three (3) to six (6) inches, or vinyl or aluminum siding that is in a clapboard or shiplap pattern where the boards in the pattern are six (6) inches or less in width. Original Adopted Version, Article 6 Design and Improvement Standards

26 605 Landscaping Standards City of Frederick F. Windows and Entryways A. At least fifteen percent (15%) of the area of a streetfacing facade must include windows or main entryways. B. All street-facing windows must meet the following requirements. Windows in rooms with a finished floor height four (4) feet or more below grade are exempt from this standard. 1. Windows shall have a vertical to horizontal ratio of at least one and one-half to one (1.5:1) but not more than four to one (4:1); or 2. A horizontal window opening may be created when: Two (2) or more vertical windows are grouped together to provide a horizontal opening, and they are either all the same size, or no more than two (2) sizes are used. Where two (2) sizes of windows are used in a group, the smaller window size must be on the outer edges of the grouping. The windows on the outer edges of the grouping must be vertical; the center window or windows may be vertical, square, or horizontal; or There is a band of individual lights across the top of the horizontal window. These small lights must be vertical and cover at least fifteen percent (15%) of the total height of the window; or the windows are recessed into the face of the building and broken up with smaller panes of glass. Article Design and Improvement Standards Original Adopted Version,

27 City of Frederick 605 Landscaping Standards 11(d) Commercial and Institutional Buildings (1) Applicability A. Unless otherwise specified in this Code, this section applies to any commercial buildings that are subject to the performance standards of 407B. B. This section applies to any other use where it is made applicable by a specific section of this Code. C. This section does not apply to any of the following: 1. Car Wash 2. Car, boat or marine craft dealers 3. Flea markets (out-of-doors) or farmers markets 4. Gasoline stations / Service Stations 5. Lumber yard and building material sales with outside storage, wholesale or retail 6. Lumber yard and building material sales within enclosed buildings only, wholesale or retail 7. Car Rentals 8. Nurseries 9. Vehicle repair and service (2) Classification The following classification system is adopted for the design elements listed below: A. Class A Buildings (DR, DBO, DB, MXE, NC, and MU districts) shall include at least seven (7) of the elements prescribed below. B. Class B Buildings (PND district) shall include at least six (6) of the elements, prescribed below. C. Class C Buildings (RC, all R districts, RO, PB, MO, GC, and IST districts shall include at least four (4) of the elements prescribed below. Supp. No. 3, Article 6 Design and Improvement Standards

28 605 Landscaping Standards City of Frederick (3) Elements A. Building Orientation (Subsection A below) B. Building Structure / Alignment ( Subsection B below) C. Frontage Buildout (Subsection C below) D. Building Modulation ( Subsection D below) E. Ground Floor Design (Subsection E below) F. Streetwall Standard (Subsection F below) G. Windows and Entryways (Subsection G below) H. Active Uses (Subsection H below) I. Mechanical Equipment (Subsection I below) J. Amenities (Subsection J below) K. Other elements may be approved by the Planning Commission with a finding that the design is compatible with the intent of this section. Graphic and written justification must be submitted with the application for their review. A. Building Orientation Buildings subject to this section shall be oriented to the street. A building is oriented to the street where: 1. The distance from the sidewalk or, if there is not sidewalk, the street right-of-way line, to the nearest enclosed portion of the principal building or group of buildings does not exceed twenty (20) feet. A street lot line or front lot line means any lot line that abuts a public street. 2. Principal entrances to buildings face a street or open to a square, plaza, or sidewalk. 3. All street level uses with sidewalk frontage are furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided. 4. No more than ten percent (10%) of the required offstreet parking is located between the building s principal entrance and the street. 5. Pedestrian access from the public sidewalk, street right-of-way or driveway to the principal structure is provided through a paved surface. Article Design and Improvement Standards Original Adopted Version,

29 City of Frederick 605 Landscaping Standards B. Building Structure/Alignment 1. Buildings exceeding two (2) stories shall incorporate a base, a middle, and a cap as described below: a. The base shall include an entryway with transparent windows as set forth in the Ground Floor Design Standards, below, and a molding or reveal placed between the first and second stories or over the second story. The molding or reveal shall have a depth of at least two (2) inches and a height of at least four (4) inches. b. The middle may include windows and/or balconies. c. The cap shall include the area from the top floor to the roof of the building, and shall include a cornice or a roof overhang. C. Frontage Build-out At least seventy percent (70%) of the lineal area within the minimum and maximum front setback must be occupied by buildings. Lot lines Building out the frontage creates a pedestrian friendly streetwall by bringing buildings closer together Lack of frontage buildout creates gap that disrupts streetwall Original Adopted Version, Article 6 Design and Improvement Standards

30 605 Landscaping Standards City of Frederick D. Building Modulation Façade width shall not exceed the following: Table Façade Width Zoning District / Development Technique / Comprehensive Plan Land Use Category Maximum Façade Width (maximum) Average of all Any Facade facades RO, NC, DB, DR, DBO, MU, TND 30 feet 60 feet PND, MXE 40 feet 80 feet PB, MO, GC 60 feet 120 feet Façade width refers the length of any facade that faces or is parallel to a public or private street. A "street" means a public street. "Façade" means the exterior side of a building and includes the entire building walls, including wall faces, parapets, fascia, windows, doors, canopy and visible roof structures of one complete elevation. The sum total of the façade areas on a lot may exceed the maximum façade width described in this section by dividing the buildings into two or more buildings, or into distinct modules that incorporate visible changes in the façade elevation through the use of wall plane projections, piers, columns, colonnades, arcades, or similar architectural features that create a distinct façade division. Each module shall have separate windows and entryways. Large building broken into separate modules Article Design and Improvement Standards Original Adopted Version,

31 City of Frederick 605 Landscaping Standards E. Ground Floor Design The ground floor of the entryway shall align with the sidewalk elevation. Sunken terraces or stairways to a basement shall not constitute entryways for purposes of this subsection or subsection (9), below. It is not the intent of this section to preclude the use of below-grade entryways provided, however, that such entryways shall not constitute a principal entryway and shall not be used to satisfy the distancing requirements of subsection (9). F. Streetwall Standards In order to bring buildings closer together, thereby forming a "streetwall" effect, the side setback shall be a minimum of zero (0) and a maximum of ten (10) feet. G. Windows and Entryways 1. Windows above the ground floor shall have a ratio of height to width of at least two to one (2:1). 2. The ground floors of all buildings shall be designed to encourage and to complement pedestrian-scale activity by the use of windows and doors arranged so that the uses are visible from and/or accessible to the street on at least fifty percent (50%) of the length of the first floor street frontage. Between sixty percent (60%) and ninety percent (90%) of the total surface area of the front elevation shall be in public entrances and windows (including retail display windows). Where windows are used, they shall be transparent. 3. Solid walls shall not exceed twenty (20) feet in length. 4. All street level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided. This standard shall not apply to any lot with a street frontage of less than twentyfour (24) feet. Original Adopted Version, Article 6 Design and Improvement Standards

32 605 Landscaping Standards City of Frederick 5. Doors shall be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. An entryway shall not be less than one (1) square foot for each one thousand (1,000) square feet of floor area, and in all cases shall not be less than fifteen (15) square feet. 6. The maximum setback requirements may be waived by the Planning Commission or Department for an area not to exceed ninety percent (90%) of the frontage in order to accommodate courtyards. 7. Canopies, awnings, and similar appurtenances may be constructed at the entrance to any building, subject to the criteria established in the City's Building Code. H. Active Uses In order to stimulate pedestrian activity, the first floor (street level) of any new building abutting a Major Arterial Street, Minor Arterial Street or major Collector Street shall devote at least fifty percent (50%) of the net first floor area to active uses. Residential dwellings shall be permitted above or below the first floor of any building with commercial and/or retail uses. I. Mechanical Equipment Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall not be visible from the front property line. Exterior screening materials shall be the same as the predominant exterior materials as the principal building. In cases where the front property line is higher than the roof line of the subject building, no screening shall be required for a line of sight exceeding five foot six inches (5'6") above the finished elevation of the building at the front property line. Article Design and Improvement Standards Original Adopted Version,

33 City of Frederick 605 Landscaping Standards J. Amenities At least one (1) linear foot of seating shall be provided for each fifty (50) linear feet of sidewalk or two hundred (200) square feet of open space area. For the purposes of this section, open space area shall include all areas in a lot not covered by a building footprint or parking areas. Seating dimensions shall comply with the requirements of the Americans with Disabilities Act and/or the Maryland Accessibility Code, as applicable. At least two (2) of the following amenities shall be provided in an open space area: ornamental fountains, ornamental lamp posts, stairways, waterfalls, sculptures, or other public art, arbors, trellises, planted beds, drinking fountains, clock pedestals, awnings, or canopies. Original Adopted Version, Article 6 Design and Improvement Standards

34 605 Landscaping Standards City of Frederick Sec. 605 LANDSCAPING STANDARDS Purpose: The purpose of landscaping is to aid in reducing the harmful effects of noise, dust, glare of artificial light, and wind; to control storm water runoff, prevent soil erosion and allow surface water to be absorbed into the ground; to aid in making different land uses compatible by providing a buffer or screening effect between land uses; to enhance the natural environment by reducing the visual effect of unsightly activities; and to generally create an aesthetically pleasing appearance. The purpose of screening is to provide an effective visual barrier at street level between an unsightly or distracting activity and adjacent properties or public ways to preserve property values and assure compatibility of uses. (a) Plan Required Site plans as required by 309 of this Code shall include plans for landscaping and screening which meet all of the requirements set forth below. A Landscaping Plan shall be provided that conforms to the submittal requirements in Article : Landscaping Plan. 12(b) Minimum Standards for Landscaping (1) Plantings shall conform to the Approved Plant List established in Article 12, 1202: City of Frederick Trees, Shrubs, and Plants. The Planning Department may approve trees or shrubs that are not on the approved plant list if they find that: A. the tree or shrub is not invasive; and B. the tree or shrub is suitable for long-term maintenance and survival based on the soil and climate conditions of the subject property and the City of Frederick; and C. the tree or shrub provides a legitimate landscaping or screening function, as recited in the purpose statement of this Section; and D. the tree or shrub does not require more irrigation than species found on the Approved Plant List. (2) Existing landscaping on the subject site that complies with minimum standards of this Section may be used to meet the requirements of this Code. If existing vegetation on the site is to remain, the landscape plan should indicate the methods that will be used to protect and preserve the existing growth. Protection devices include, but are not limited to, fences, berms, curbing, and tree wells. The Zoning Administrator may require replacement or Article Design and Improvement Standards Supp. No. 3, 9-06

35 City of Frederick 605 Landscaping Standards repair of such landscaping or screening destroyed during development. (3) The landscaping plan shall take into account mandatory preservation of non-invasive trees that are in a good, healthy condition with a caliper equal to or greater than fifty (50) feet in circumference. Health and caliper of a tree shall be determined by a certified landscape architect, arborist, forester, or a qualified forest conservation professional. (4) All trees planted within a public right-of-way or parkland that is dedicated to the City must conform to the City's approved street tree list established in Article 12, 1202: City of Frederick Street Tree List and / or be in conformance with an approved forest conservation plan. City staff shall review and approve all trees to be planted in parklands or other property to be dedicated to the City. (5) Landscaping shall not be located within all below-ground utility easements or within ten (10) feet of said utility line if there is not an easement. Landscaping no more than five feet in height may be located within an above-ground utility easement area in accordance with this paragraph. The Planning Department may permit landscaping within an above-ground utility easement area only if it first receives a letter from the utility provider stating that the provider has no objections to the proposed landscaping. If the utility provider recommends allowing the landscaping subject to any restrictions, the Planning Department may incorporate the restrictions as conditions of its approval of the landscaping. (6) Landscape plantings shall not impede visibility of pedestrians or vehicles, and shall comply with sight triangle provisions of 611(t). (7) Landscaping materials shall consist of a proportional mix of grass, shrubs, and trees that is acceptable to the Planning Department or Planning Commission. (8) Site grading shall preserve topsoil and contain four (4) to six (6) inches in areas to be planted with landscape materials. (9) In addition to compensatory plantings, shade trees, and buffering, a site design may include additional landscaping elements, such as walls or fences, but shall comply with the provisions of 605(d)(2). Supp. No. 3, Article 6 Design and Improvement Standards

36 605 Landscaping Standards City of Frederick 2(c) Property Landscaping Requirements (1) In addition to the minimum standards set forth in subsection (b) above, zone-specific landscaping requirements are set forth in this subsection (c). (2) In all R districts, RC, MU, and PB districts, at least one tree of any type shall be planted on the property for each 3,000 square feet of lot or part in excess of 1,000 square feet. (3) In the DB and DBO districts, one (1) percent of the total project cost for new buildings shall be devoted to landscaping or other public art or amenities, such as landscaped plazas, fountains, etc. The applicant shall submit construction cost estimates, along with a detailed breakdown of landscaping/ public art/ amenities to the Planning Department for confirmation of the one (1) percent contribution at the building permit stage. No building permit will be issued until the City has reviewed and approved the one (1) percent contribution. This subsection does not apply to properties within the Carroll Creek Overlay. (4) In all NC, GC, MXE, MO, and IST districts, at least one tree of any type shall be planted on the property for each 6,000 square feet of lot or part in excess of 3,000 square feet. (5) In the M1 and M2 districts, at least one tree of any type shall be planted on the lot for each 8,000 square feet of lot or part in excess of 4,000 square feet. (6) Properties that are located in any overlay or floating zone shall be required to follow the more stringent landscape requirements located in the specific sections of this code for the base zone that is on the property and additional requirements for the overlay or floating zone. (d) Screening 3 (1) Screening Levels Established; General Standards A. Any use permitted as a Conditional Use shall follow the more stringent landscape requirements between 308, Article8, and this section. B. Trees (evergreen or deciduous) shall be spaced twenty (20) feet on center. Shrubs shall be spaced ten (10) feet on center. Article Design and Improvement Standards Supp. No. 1, 9-05

37 City of Frederick 605 Landscaping Standards C. Openings are permitted where needed for access or permitted signs. D. Any existing screening on the subject site that complies with standards set forth in this subsection may be used to satisfy requirements of this Code. E. Fences shall be composed of stockade or board-on-board design, unless the proposed development is located in the Historic District Overlay. In the HDO, fences shall comply with the regulations established in 423 (Historic District Overlay). A fence shall be constructed so that the finished side of the fence faces the adjacent properties with the unfinished side interior. F. Walls shall be composed of brick or masonry. G. Berms shall not exceed a slope of 3:1, and shall be planted with turf or ground cover materials. The survival of any shrubs or trees that are placed on a berm shall be noted on the landscape plan and be certified by a landscape architect. The composition of the fill must be noted on the landscape plan. A bond for a two (2) year period should be required for any shrubs or trees placed on a berm. (2) Screening Specifications, Generally The specifications for each screening category are as follows: Table Level Buffer width (feet) Buffer Categories and Specifications Planting units per 100 lineal feet Structures I 6 5 Evergreen or Deciduous -- trees II 10 5 evergreens or deciduous 6 feet minimum high wall or hedge III 20 1 Canopy tree 4 Understory trees 6 Shrubs 10 Evergreen trees 6 feet minimum high stockade fence or masonry wall IV 50 7 Canopy trees 10 Understory trees 40 Shrubs 15 Evergreen trees 6 feet minimum high stockade fence or masonry wall, or 4 feet minimum high berm Supp. No. 1, Article 6 Design and Improvement Standards

38 605 Landscaping Standards City of Frederick Table (3) Minimum Planting Specifications Planting shall conform to the Approved Plant List and the following: Minimum Planting Specifications Species type Minimum height at planting Minimum caliper at planting Evergreen 4 feet -- Deciduous 6 feet 2 inches Shrub 4 feet -- (4) Level III Screening. A. Level III screening shall consist of a twenty (20) feet wide buffer yard to contain a six (6) feet high wall plus a planting strip on the inside of the wall. The wall shall be composed of brick or stone, and shall comply with 605(d)(2). The planting strip shall contain trees specified in subsection (d)(2) of this Section, with a minimum height of four (4) feet at planting and spaced fifteen (15) feet on center. B. The Planning Commission may increase any fence or wall up to ten (10) feet in height at their discretion based on the impact of a particular use on adjacent residential property(ies). (5) Level IV screening Level IV screening shall consist of a fifty (50) feet wide buffer area, which may contain an earth berm, wall, or natural vegetative screening, or a combination thereof. Species, which would be placed in the fifty (50) feet wide buffer, will be deciduous and coniferous trees and shrubs and shall be developed at the time of appropriate plan submissions and approvals. The Level IV screening area may be used for forest conservation plantings. The planting numbers, spacing and survival of plantings in forest conservation area plantings shall conform to the Maryland Department of Natural Resources, Forest Conservation Technical Manual (1997), which document is hereby incorporated by reference. [Cross-reference: landscaping requirements for the MO, M1, and M2 districts, see 406(d)] Article Design and Improvement Standards Original Adopted Version,

39 City of Frederick 605 Landscaping Standards (e) Landscape Buffers and Berms Buffer and screening requirements by district or use categories is as follows: 4, 13, 19 Table Buffer and Screening by District or Use Situation Subject property zoning district or uses Adjacent zoning district or use Distance Screening level Lot lines Parking lots Outdoor Storage Outdoor merchandise display R4, R6, R8, R12, R16, R20, RO, PB, MO, NC, MU, IST or GC** RC, R4, R6, R8, R12, R16, R20, RO, PB, MO, IST, PRK, NC, or GC M1, M2, MXE RC, R4, R6, R8, R12, R16, R20, PRK, DR, MO, or residential areas of MU or IST Rear of through lots and in the front of panhandle lots if adjoining the rear of another lot 10 or more spaces in R4, R6, R8, R12, R16, R20, RO, DR, PB, MO, MU, IST or NC Abutting Abutting Level I Any Abutting Level I Any 10 or more spaces in GC RC, R4, R6, R8, R12, R16, R20, RO, DR, MU, IST, PB, PRK, MO or NC 10 or more spaces in M1, M2, or MXE RC, R4, R6, R8, R12, R16, R20, RO, PB, MO, MU, IST, PRK, or NC Level III or IV Level II < 25 feet Level II < 25 feet Level III 10 or more spaces in M1, M2, or MXE RC, R4, R6, R8, R12, R16, R20, RO, PB, MO, MU, IST, PRK, DR < 50 feet Levels III or IV NC Street or right of way < 50 feet Level II NC Street or right of way < 100 feet Level I M1, M2, MXE or GC RC, R4, R6, R8, R12, R16, R20, < 50 feet Level III RO, DR, MU, IST, PB, PRK, MO or NC M1, M2, MXE or GC M1, M2, GC, MXE < 50 feet Level II M1, M2, MXE or GC RC, R4, R6, R8, R12, R16, R20, RO, DR, MU, IST, PB, PRK, MO, or NC > 50 feet Level IV M1, M2, GC, or MXE M1, M2, GC > 50 feet Level I Any district RC, R4, R6, R8, R12, R16, R20, > 50 feet Level IV RO, DR, MU, IST, PB, PRK, MO, NC Any district RC, R4, R6, R8, R12, R16, R20, RO, DR, MU, IST PB, PRK, MO, NC < 50 feet Level III Any district Street or right of way < 50 feet Level I ** This landscape requirement does not require buffering between individual housing units. Supp. No. 5, Article 6 Design and Improvement Standards

40 605 Landscaping Standards City of Frederick (f) Street tree landscaping requirements: Purpose: this subsection implements Policy LU.11 of the Comprehensive Plan, which requires the City to assess street tree requirements to determine the best way to maintain a tree-lined urban fabric, while accounting for the potential conflict between tree roots and underground utilities. This section requires street trees in order to provide shading of pedestrians, and to minimize urban heat islands that accumulate on street and sidewalk pavement. Adequate planting areas are required in order to ensure the survivability of trees over time. Trees are located between sidewalks and streets in order to maximize shading, and to buffer pedestrians from traffic. (1) Applicability This subsection applies to: all developments with five (5) or more parking spaces; and all developments requiring Subdivision or Site Plan review. Streetscape Planting Standards shall not apply to any Street classification unless Street Trees are required by the Street Improvement Standards, 611(e) (geometric design), for the particular street classification. This subsection applies to all expansions, reuse and/or modifications of existing development. (2) Waivers Should existing site conditions and/or existing development of the property render the planting of Street Trees impracticable, within the public right-of-way the Applicant may submit a waiver or modification request in accordance with subsection (h) of this Section, 309(m) (Site Plan review), or 507(e) (Subdivision Plat review) of this Code. In lieu of the waiver, the applicant shall provide the street tree requirement on his property with an easement in place of the street trees, if possible. Article Design and Improvement Standards Original Adopted Version,

41 City of Frederick 605 Landscaping Standards (3) Streetscape Planting Strip A continuous Streetscape Planting strip, exclusive of easements, shall be located in areas adjacent to the paved surface of an existing or proposed public street. The width of the planting strip shall vary by the street tree species (see Article 12, 1202), as follows: Table Streetscape Planting Strip Planting Space Required for Tree Species Minimum Width of Streetscape Planting Strip 20 square feet 4.5 feet 30 square feet 5.5 feet 40 square feet 6.5 feet The width of the planting strip shall be measured from the back of the curb (BOC). The planting strip shall be located generally parallel to the existing or proposed street and shall not be located in drainage areas, BMP areas, or other public improvement projects. (4) Location Street Trees Street trees shall be planted within the Streetscape Planting Strip. (5) Planting Density The planting density of street trees shall be as follows: Table Street Tree Planting Density Street Classification (Comprehensive Plan, Map T-1 and as designated on subdivision plat or site plan) Arterial or Collector Local Community Design Street Boulevard or Arterial Community Design Street Main Street Planting Density (by frontage, average spacing, on center, in feet) 100 feet 50 feet 40 feet 40 feet Note: see 611(e) (geometric design) for street specifications. The required spacing shall be measured as an average of the Street frontage along the particular Street. However, the distance between Street Trees shall not exceed the average spacing prescribed above by more than twenty (20) feet. The Planning Commission may modify the street tree planting density where other public utilities such as streetlights or overhead wires create a conflict. Original Adopted Version, Article 6 Design and Improvement Standards

42 605 Landscaping Standards City of Frederick (g) Parking lot interior landscaping requirements This subsection applies to any surface parking lot with twenty (20) or more spaces. Interior landscaping shall consist of ornamental plantings and shade trees. The following minimum area of the parking lot shall be landscaped in addition to landscaping required elsewhere which excludes perimeter screening and landscaping: 14 Table Parking Lot Interior Landscaping Percentage Zoning District R4, R6, R8, R12, R16, R20, RO, PB, MO, NC, MU, GC, IST, MXE M1, M2 Minimum area of parking lot to be landscaped 10% Article Design and Improvement Standards Supp. No. 3, 9-06

43 City of Frederick 605 Landscaping Standards 15(h) Waivers and Modifications (1) The requirements of this Section may be waived or modified at the master plan review stage by the Planning Commission or the site plan review stage by the Planning Commission or Department in any of the following circumstances provided the intent of this Section is preserved. A. Where compensating architectural, landscaping, or other site development features are utilized by the developer and approved by the Department or Planning Commission. A Letter justifying the request for a waiver or modifications must be submitted with the formal application submittal. (2) The Planning Commission or Planning Department may attach additional conditions, waivers, or modifications which would assure that the intent of this Section is preserved. Such body shall have the authority to designate landscape spacing, specific type or size when reasonable circumstances or land use intensity warrants such action. (i) Installation and Maintenance of Landscaping and Screening (1) All required landscaping and screening shall be installed within six months after the issuance of a conditional occupancy certificate. (2) The property owner or his agent shall maintain, repair, and replace all (100%) of the required landscaping and screening materials. All plant materials shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept-free of refuse and debris. Fences and walls shall be maintained in good repair. (3) The property owner shall replace trees or repair barriers that die, are destroyed, or are removed. The replacement or repair shall be completed within six (6) months after receiving a notice of violation from the Planning Department. Supp. No. 3, Article 6 Design and Improvement Standards

44 605 Landscaping Standards City of Frederick (j) (k) Guarantee of Landscaping and Screening The Planning Commission or Department shall require as a condition of site plan approval a guarantee of installation of landscaping and screening required by this Code. Such guarantee shall be acceptable to the Commission or Department. A site plan enforcement agreement, pursuant to 309(q), must be prepared that states that all landscaping will be maintained in perpetuity. Said agreement shall be recorded at the expense of the applicant with the Frederick County Register of Deeds. Landscaping or Screening May Be Provided In Conjunction with Forest Conservation Plans The landscaping, buffer, or screening requirements of this Section may be met with retained forest or areas for afforestation or reforestation upon a finding by the Commission or Department that the overall purpose of this section will be achieved. Article Design and Improvement Standards Original Adopted Version,

45 City of Frederick 606 Lots and Blocks Sec. 606 (a) LOTS AND BLOCKS General Requirements (1) All yards as required by this Code shall be maintained as open space and kept free of structures, fences, parking, and other appurtenances, except as permitted elsewhere in this Code. (2) No part of a yard or an off-street parking or loading space that is required for any building, structure or use to comply with this Code may be included as part of a required yard or off-street parking or loading space required for another building, structure or use, except as specifically provided in this Section. (3) A required yard shall be located on the same lot or parcel as the building or structure to which it relates. 5(b) Lot and Block Design Principles This section sets forth the general regulations which provide the basis for the design of lots within a subdivision. (1) Lots shall be designed in light of potential uses, with adequate buildable area for required yards and buffers. Where a minimum lot size is specified for a particular type of use, new lots shall meet this requirement and existing lots shall not be reduced below the minimum except as provided for in this Code. (2) Every lot shall front on a public street or access. Lots shall be designed with adequate frontage for the purpose of providing direct physical access to the property for vehicles and utilities and for public safety equipment. The Planning Commission may modify this requirement in the case of lots with no frontage with the recommendations of the Fire Engineer and the Engineering Department provided access for vehicles, utilities and emergency vehicles will be insured through the use of common area agreements or private easements. A justification supporting a modification must be provided at the time of submittal of the development plan application to the Planning Department. (3) Lots shall comply with the dimensional requirements of the zoning district ( 405). (4) To the greatest extent possible, side lot lines shall be at right angles to street lines, except as provided in subsection (4), below. Supp. No. 1, Article 6 Design and Improvement Standards

46 606 Lot and Blocks City of Frederick (5) To the greatest extent possible, for cul-de-sacs or curvilinear street right-of-ways, side lot lines shall run radial to the curve. (6) The Zoning Board of Appeals may adjust the requirements of subsections (3) and (4) to the extent that topographical or physical conditions render the requirements impractical. (7) Residential lots that front on arterial streets shall have a minimum depth of three (3) times the minimum frontage required or 200 feet, whichever is less. This requirement does not apply to lots that front on separate service roads. (8) If a parcel is subdivided into larger tracts than the minimum lot size required for the zoning district, such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets. (9) The following lotting patterns are prohibited: A. Reversed frontages of lots at street intersections. (c) Blocks B. Lots extending through the block, except in the downtown districts. In DB, DR, and DBO where these lots are allowed, there must be building frontage on all public streets. (1) Each block shall include two rows of lots, except as provided in subsection (2) below. (2) A single row of lots may be platted to back up to a highway. Such lots shall have no access to the highway. (3) Block length shall conform to the maximum block length for the particular street classification, as established in 611(e) (geometric design). (d) Lot Size Minimum lot size requirements are established by Table 405-1, Column (B). Where a lot is located in more than one zoning district, the minimum gross land area required of the lot is the sum of the areas derived by multiplying the minimum gross land area required for each represented district by the proportion of the lot located within that district. Article Design and Improvement Standards Supp. No. 1, 9-05

47 City of Frederick 606 Lots and Blocks (e) Frontage (1) Except as modified below or elsewhere by this Code, all parcels to be used for building purposes shall have direct frontage on a public street at least equal to the minimum frontage required by 405, Table 405-1, Column (D). This same requirement is in (b) (2) above. (2) On the "bulb" end of a cul-de-sac, a wedge shaped lot may have frontage on the arc of the bulb if: A. the minimum lot width is provided at the minimum building restriction line; and B. the frontage is at least fifty (50) percent of the minimum required width or the actual width at the building line; and C. the frontage is at least twenty-five (25) feet; and D. the lot area is not reduced beyond the minimum lot size (if one applies). Original Adopted Version, Article 6 Design and Improvement Standards

48 606 Lot and Blocks City of Frederick (f) [RESERVED] (g) Yards - Generally; How Measured (1) Yards shall be open and unoccupied so as to allow light and air to buildings, but may contain accessory buildings and allowed projections as provided in this Code and parking areas necessary to satisfy requirements of this Code. However, if the yard contains a buffer area, then structures, loading, parking, outside storage, dumpsters, outside display areas and other activities specifically associated with the business conducted on the subject lot are prohibited from the buffer area of the yard. (2) Yards shall be measured from property lines or, subject to subsections (3) and (4), from proposed street lines as shown on the Comprehensive Plan or other State or County road widening or location plan. The least distance between such line and any part of a building or other structure regulated by this Code shall determine whether it meets yards requirements specified in this Code. (3) In case of uncertainty regarding the location or width of a proposed street right-of-way, the Planning Commission shall be allowed not more than 120 days from date of application for a site plan, subdivision, or zoning certificate approval to establish such proposed street right-of-way. The maximum right-of-way widths for Comprehensive Plan highway and street classifications are: Major arterial 135' Minor arterial 120' Collector street 90' Local street 50' A lesser right-of-way may be used for measuring required yards in primarily developed areas of the City where in the opinion of the Commission the maximum Master Highway Plan proposed rightof-way is not feasible due to preexisting lots and developments. The Commission may refer to the Constrained Road and Corridors' Map (Map T-8 of the Comprehensive Plan), which is incorporated herein by this reference, in making this determination. In such cases, the right-of-way on record in the City Engineer's office may be used for the purpose of establishing required yards. Article Design and Improvement Standards Original Adopted Version,

49 City of Frederick 606 Lots and Blocks (4) If a yard is measured from proposed street lines, the gross density and intensity of development shall be that allowable by the underlying zoning district measured from the property line. However, as a condition of approval of the development, such density and intensity shall be transferred to portions of the site that lie outside the proposed street lines. Such transfer may result in a greater net density on the developed portion of the project. This section is not intended to grant approval to the location of development in environmentally sensitive or otherwise protected lands within the project site. It is intended to allow approval of the transfer of density or intensity within the contiguous lands of the project, without additional review procedures beyond the review for a subdivision, site plan or zoning certificate. (5) In case the right-of-way of the street on which the lot fronts is less than fifty (50) feet wide, the front yard shall be the following distance measured from the center line of the street: A. the required front yard for zoning district, plus B. twenty-five (25) feet. (h) Required Yards for Through Lots (1) Through lots shall be considered as having and shall provide a full front yard along each property line which abuts a street right-ofway. (2) A through lot abutting the right-of-way of a denied access street as established by the Planning Commission shall be considered as having and shall provide only one front yard along the street where access is permitted. In such a case, the yard area abutting the denied access street shall be considered a rear yard, and shall be subject to the provisions of this Code regarding rear yards. (3) Notwithstanding the above through lot provisions, if a through lot is created by resubdividing an existing lot with an existing residential structure on the lot, and the original access to a higher functionally classified road is removed and a flag lot entrance off of a internal cul-de-sac street is created, then the front yard shall be the original front yard prior to the resubdivision, and the rear yard shall be along the flag lot entrance. Original Adopted Version, Article 6 Design and Improvement Standards

50 606 Lot and Blocks City of Frederick 6(i) Required Yards for Corner Lots (1) Corner lots shall be considered to have a front yard bordering on each street line, and a side yard opposite each front yard. Where a lot fronts on two (2) intersecting streets forming an angle of sixty (60) degrees or less, front yards shall be provided on both streets, with no opposing side yard. (2) A corner lot that backs to another corner lot may reduce the front yard setback to a fifteen (15) foot side yard along the street side. (3) In the case of a reversed-frontage lot situation, where the lots to the rear of the corner lot have their frontage on the side street, then the corner lot shall meet the front yard requirements on both streets. (j) Yard Modifications (1) Modification to side yards. In primarily developed areas where the actual yards of abutting properties generally differ from those required by 405 of this Code, the required yards may be modified by the Planning Department to more closely correspond with the actual yards of adjacent properties. No such modification shall totally cut off access, light or air to an adjacent property or otherwise contradict the purpose and intent of this Code. (2) Modification to Front Yards. A. The Planning Department may modify the front yard required by 405 in primarily developed areas where actual front yards on a majority of the lots within the block differ from the required front yard in the district. In such cases, the front yard may be the average depth of existing front yards in the block or the average depth of the existing front yards on the two lots immediately adjoining, whichever is greater. In the case of a corner lot the average yard of adjoining lots shall be the front yard of the lots immediately adjoining. B. The Planning Commission or Planning Department may determine that an existing building is structurally unsound and may be disregarded in determining the front yard for a proposed building, but may not modify the required front yard. Article Design and Improvement Standards Supp. No. 1, 9-05

51 City of Frederick 606 Lots and Blocks (3) Yard Modifications A. Minimum lot areas and widths, specified in 405, may be modified in new developments using the Planned Neighborhood Developments (see 410) or Traditional Neighborhood Development (see 411) options. B. Yards specified in 405 of this Code may be modified at time of subdivision plat or site plan approval by the Planning Commission or Department in order to protect trees or retain forested areas when there is an approved forest conservation plan and subject to the following limitations. 1. The modification is the minimum necessary to achieve forest retention, tree protection objectives. 2. Compensating architectural or other measures may be required to off set the effects of reduced yards. 3. Increased density of development shall not result from yard modifications. (k) Projections and Encroachments into Yards (1) Table establishes permitted yard encroachments for architectural features, structures, and other appurtenances. An "encroachment" is the distance beyond the otherwise required setback that the structure may extend. (2) The Planning Commission may waive the provisions of Table 606-1, subsections G and H, at the time of PND, Preliminary Subdivision plat or site plan approval subject to the following: A. a typical stair, stoop, or disability ramp is shown on the particular development; and B. the feature does not obstruct access to a public utility easement, or obscure an architectural feature of the building or structure; and C. the structure does not obscure site distance. Original Adopted Version, Article 6 Design and Improvement Standards

52 606 Lot and Blocks City of Frederick Table Yard Encroachments Feature Yards / Other A. Any cornice, eave, chimney, or bay window, but not including a bump-out. B. An unenclosed carport, decks (excluding associated steps and landings), balcony, cellar door, fire escape, or open porch. C. An open stair and landing, deck, cellar door, or fire escape. A deck on townhouse may be closer than 5 feet, if the adjacent property owner approves. D. Canopies or non-enclosed structures, at least eight (8) feet above the sidewalk or average grade elevation. Any Rear Side Right of way Encroachment permitted Up to three (3) feet E. Accessory structures and uses. See Article F. At grade steps and walkways. Front Up to lot line G. Open uncovered stairways, open uncovered Front stoops, and ramps for disabled accessibility that do not obscure site distance. H. Roofed stairways and/or stoops that are cantilevered and are not enclosed. Any Up to one-half (½) of rear yard distance Within five (5) feet of side lot line Up to five (5) feet into right of way, but not extending over the curb line See Article Up to one-third (⅓) the required front yard Up to three (3) feet I. Air conditioning units Side There must be three (3) feet of clear path between the unit and the side lot line. (l) Multiple Structures, Uses Per Lot Multiple buildings, structures or uses shall be permitted on a single lot only when: (1) development is in accord with an approved site plan; and (2) vehicular access is provided to each building or structure consistent with the standards established in 601; and (3) the development: A. is a multi-family dwelling unit that is located in the R12, R16, or R20 zoning districts, or is located in the PB, NC, GC, M-O, M1, M2, DB, DR, DBO, IST, MXE, or MU zoning districts; or B. is an accessory apartment, accessory detached dwelling unit, or mixed use development that complies with the applicable requirements of Article 8, 801 (accessory apartments), 802 (accessory detached dwelling units), 835 (mixed use, horizontal), and 836 (mixed use, vertical). Article Design and Improvement Standards Original Adopted Version,

53 City of Frederick 606 Lots and Blocks (m) Right-of-Way Areas Excluded from Lot Area and Yard Requirements Those areas of a parcel which lie in the right-of-way of a proposed or established street as indicated on the City or County Comprehensive Plan, whichever is applicable, shall not be considered part of the minimum yard requirements. (n) Panhandle Lots (1) Residential Lots A. In a residential subdivision, no more than five (5) percent of the total lots in any development shall be panhandle lots. No panhandle stem shall exceed eighty 80 feet in length nor be less than twelve (12) feet in width. The lot width of a panhandle lot shall be that required minimum for the zone within which it is located, and such width shall be measured by the minimum linear distance between side lot lines tangent with the exterior front wall of the proposed building. B. Two parallel twenty (20) feet panhandles serving two (2) or more lots may be approved by the Planning Commission provided there are ingress/egress easements and maintenance agreements covering al the properties using the panhandle for access. C. A panhandle must provide usable access to the lot. (2) Non-residential Lots A panhandle serving one lot in a nonresidential development shall have sufficient width to provide adequate vehicular access and turn radii needed for the specific use of the lot. In no case shall the width provided be less than twenty six (26) feet. A. A thirty-six (36) foot access drive within the combined panhandle area shall be provided unless modified by the Planning Commission at time of site plan review for a specific low traffic generator. Original Adopted Version, Article 6 Design and Improvement Standards

54 606 Lot and Blocks City of Frederick (o) Lot Grading The following policies set forth general guidelines to be followed in establishing the grading plan for a development. (1) Developments shall be designed so that stormwater is managed to provide positive drainage flow towards approved drainage facilities. Plans for drainage facilities shall be approved by the Engineering Department. (2) Site grading plans shall provide adequate buildable areas, off-street parking required by this Code, accessory buildings and, in the case of residential developments, required parks and open space. (3) Drainage and grading plans shall be designed to satisfy the standards of this Code regarding stormwater runoff, erosion and sedimentation control, and wetlands. The Zoning Administrator shall refer to the Engineering Department for consideration all plans and specifications provided to meet the policies for site grading. Article Design and Improvement Standards Original Adopted Version,

55 City of Frederick 607 Parking and Loading Standards 27 Sec. 607 PARKING AND LOADING STANDARDS Purpose: The purpose of this section is to provide a sufficient on-site parking area off the public street to meet the need generated by each property in order to minimize traffic congestion and traffic hazards. In order to provide for more compact, pedestrian-friendly development, design flexibility, and to match development regulations to the existing built form, these regulations also allow on-site parking requirements to be reduced through the payment of a fee in lieu of parking. In order to encourage infill development in a certain area of the downtown, these regulations also exempt development projects proposed to be located in such area from the minimum parking requirements imposed on other development projects. It is not the intent of the City to compensate for such exemption by providing public parking for downtown development projects, and this section shall not be construed to obligate the City in any way with regard to the provision of parking areas. (a) General Requirements (1) No property shall be developed, nor any building or structure erected, structurally altered or enlarged, nor its use changed or intensified unless permanently maintained off-street parking and loading spaces are provided on the property for the existing or proposed building, structure, or use, in accordance with the provisions of this Section, except as herein provided. (2) If the existing use of a building or structure is changed to a new use, such new use shall comply with the provisions of this Section, as follows: A. If the parking spaces are increased by not more than fifty percent (50%), then additional parking and loading requirements are required only in the amount by which the requirements for the new use exceed the amount required for the existing use. B. If the parking spaces are increased by more than fifty percent (50%), the existing and new parking areas must conform to this Section. C. If the building is expanded to provide for disabled persons accessibility, to meet the fire code, or to provide for accessory uses that do not generate additional parking over and above the specific use, additional parking is not required. (Reference: See nonconforming uses and parking, Article 9, 903) Supp. No. 10, Article 6 Design and Improvement Standards

56 607 Parking and Loading Standards City of Frederick (3) All required off-street parking and loading areas shall be kept available for parking and loading purposes. No storage of equipment, recreational vehicles, or other material shall take place in any required off-street parking or loading area. (b) Parking Calculations in General (1) Unless otherwise regulated by this Section, parking space requirements for various uses shall be determined by Table below. (2) Where a conflict should exist between this Section and the Frederick City Fire Prevention Code (FCFPC), the stricter provisions shall prevail. (3) Should a fraction of a space result from computing parking or loading space requirements a fraction less than fifty (50) percent can be rounded down, a fraction fifty (50) percent or greater shall be rounded up requiring one (1) full space. (4) Unless otherwise regulated by this Section, in the event more than one activity takes place within a single business or on a single lot, the parking requirements for that business or lot shall be determined on the basis of the proportion of the total business or lot devoted to each separate activity. (5) Garages and parking spaces shall be counted as one full space if assured access is provided. Garages and parking spaces with limited access, as a result of having access through a single counted parking space shall be counted as half (.5) of a parking space. (6) Garages and parking spaces accessed sequentially through more than one counted parking space (stacking more than two deep) shall not be counted as parking spaces. (7) A parking space shall not overlap the public sidewalk area. In the event that a requirement is waived for the installation of side walks, the space where the sidewalks would have been installed, or may be installed in the future, shall not be utilized by counted parking spaces. (8) Shared Parking Developments which contain a mix of uses on the same parcel, as set forth in table below, may reduce the amount of required parking in accordance with the following methodology: Article Design and Improvement Standards Supp. No. 10, 2-13

57 City of Frederick 607 Parking and Loading Standards A. Determine the minimum parking requirements in accordance with Table for each land use as if it were a separate use, B. Multiply each amount by the corresponding percentages for each of the five time periods set forth in columns (B) through (E) of Table 607-1, C. Calculate the total for each time period, and D. select the total with the highest value as the required minimum number of parking spaces Table Shared Parking Land Use Weekday Weekend (A) Daytime (9 a.m. 4 p.m.) (B) Evening (6 p.m. midnight) (C) Daytime (9 a.m. 4 p.m.) (D) Evening (6 p.m. midnight) (E) Nighttime (midnight 6 a.m.) Office/Industrial 100% 10% 10% 5% 5% Retail 60% 90% 100% 70% 5% Hotel 75% 100% 75% 100% 75% Restaurant 50% 100% 100% 100% 10% Entertainment/ Commercial 40% 100% 80% 100% 10% Supp. No. 10, Article 6 Design and Improvement Standards

58 607 Parking and Loading Standards City of Frederick 17, 20, 24, 26 Table Parking Schedule Parking Use Minimum Parking Spaces Maximum Parking Spaces Minimum Bicycle Parking Accessory uses Accessory uses Not applicable Not applicable Not applicable Accessory Apartment Not applicable Not applicable Not applicable Antennas/Satellite Dishes Not applicable Not applicable Not applicable Caretaker's dwellings Not applicable Not applicable Not applicable Deck Not applicable Not applicable Not applicable Driveways Not applicable Not applicable Not applicable Farm tenants dwelling Not applicable Not applicable Not applicable Fences Not applicable Not applicable Not applicable Garage Not applicable Not applicable Not applicable Gazebos Not applicable Not applicable Not applicable Greenhouses Not applicable Not applicable Not applicable Home Occupation Not applicable Not applicable Not applicable Home tutoring Not applicable Not applicable Not applicable Landscaping Not applicable Not applicable Not applicable Off-street Loading Not applicable Not applicable Not applicable Parking Lot, Parking Garage Not applicable Not applicable Not applicable Residential Accessory Uses Not applicable Not applicable Not applicable Sign Not applicable Not applicable Not applicable Storage Shed Not applicable Not applicable Not applicable Stormwater management facilities Not applicable Not applicable Not applicable Swimming Pool (accessory) Not applicable Not applicable Not applicable Tennis Courts (accessory) Not applicable Not applicable Not applicable Utilities Not applicable Not applicable Not applicable Residential Uses Duplex 1.5 per unit 2.5 per unit Not applicable Mixed Use w/ Accessory Retail 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Mobile Homes/ Manufactured Home 2 per unit Not applicable Not applicable Multi-Family 1.5 per unit 2.5 per unit 1 per 10 vehicle spaces Multi-Family with Accessory Retail 1 per 600 sf 1 per 150 sf 1 per 10 vehicle spaces Residential/ Commercial Mixed Use See Shared Parking See Shared Parking 1 per 10 vehicle spaces Single-family 2 per unit Not applicable Not applicable Townhouse 2 per unit 3.0 per unit Not applicable Two-family 2 per unit 3.0 per unit Not applicable Article Design and Improvement Standards Supp. No. 10, 2-13

59 City of Frederick 607 Parking and Loading Standards Parking Use Accommodations and Group Living Minimum Parking Spaces Maximum Parking Spaces 1 per guest Bed and breakfast inn bedroom plus 2 for owner Domiciliary care facility.3 per room 1 per room Not applicable Minimum Bicycle Parking Not applicable Group Home 1 per 375 sf 1.5 per 375 sf 1 per 10 vehicle spaces Hotel, Motel, and tourist court 1 per room plus 1 per 800 sf of public meeting and restaurant space 1 per room plus1 per 400 sf of public meeting area and restaurant space 1 per 10 vehicle spaces Multi-family housing for elderly persons.3 per room 1 per room 1 per 10 vehicle spaces Nursing Home 0.3 per room 1 per room Not applicable Rooming House 0.3 per room 1 per room Not applicable General Sales or Service Animal Care Services (including 1 per 1,500 sf 1 per 150 sf Not applicable grooming) Antiques 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Apparel 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Arts, crafts, or hobby supplies 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Art Gallery, including framing 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces 1 per 500 sf 1 per 375 sf including including service Automobile Filling Station service bays, wash 1 per 10 vehicle spaces bays, wash bays bays and retail areas and retail areas Automobile Parts or Accessories 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Sales & Service Center (dealership) 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Sales Lot (new or used) 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Bakery (retail) 1 per 75 sf 1 per 50 sf 1 per 10 vehicle spaces Barber/ Beautician 1 per 500 sf 2 per 500 sf 1 per 10 vehicle spaces Bicycle (non motorized) Sales and/or Repair 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Boats & Marine Supplies 1 per 500 sf 1 per 150 sf Not applicable Books, Magazines, newspapers, etc. 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Broadcasting, Recording Studio 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Building Supplies, lumber 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Carpenter, Cabinetmaker 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Electrician 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces General Building Contractor 1 per 600 sf 1 per 300 sf 1 per 10 vehicle spaces (without outdoor storage areas) Heating, Air Conditioning, Refrigeration 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Locksmith 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Plumber 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Pipe Fitter, Construction 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Equipment Fabricator Roofer 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Sheet Metal Shop 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Sign Contractor 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Supp. No. 10, Article 6 Design and Improvement Standards

60 607 Parking and Loading Standards City of Frederick Use Minimum Parking Spaces Parking Maximum Parking Spaces Minimum Bicycle Parking Utility Contractor 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Window, Glass, Mirror 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces Building Tradesmen Not Otherwise Listed Business Machines/ Business Service Centers Camera sales & photo processing (including development & printing services) 1 per 1,500 sf 1 per 300 sf 1 per 10 vehicle spaces 1 per 300 sf 1 per 200 sf 1 per 10 vehicle spaces 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Car Wash 1 per 500 sf 1 per 150 sf Not applicable Cards, stationary 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Caterer 1 per 300 sf of GFA 1 per 200 sf of GFA 1 per 10 vehicle spaces Commercial Use in Historic 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Structures Construction Equipment, Sales & Rental 1 per 500 sf 1 per 150 sf Not applicable Convenience Stores, with gas sales 1 per 500 sf 5 per 500 sf 1 per 10 vehicle spaces Convenience Stores, without gas sales 1 per 200 sf 2 per 200 sf 1 per 10 vehicle spaces Dance, Music Instruction 1 per 200 sf 1 per 150 sf 1 per 10 vehicle spaces Data or Word Processing Services 1 per 300 sf 1 per 200 sf 1 per 10 vehicle spaces Delicatessen 1 per 75 sf 1 per 50 sf 1 per 10 vehicle spaces Department stores 1 per 150 sf of sales area 1 per 150 sf of sales area 2 per 150 sf of sales area 2 per 150 sf of sales area 1 per 10 vehicle spaces Discount Store 1 per 10 vehicle spaces Drive-in window or drive-through Refer to applicable facilities, retail, restaurant or 1 per 75 sf 1 per 50 sf principal use bank Drugs, cosmetics 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Dry Cleaning 1 per 500 sf 2 per 500 sf 1 per 10 vehicle spaces Electrical 1 per 500 sf 1 per 150 sf Not applicable Electrical Repair, General 1 per 500 sf 1 per 150 sf Not applicable Electrical Repair, Light 1 per 500 sf 1 per 150 sf Not applicable Eyeglasses, hearing aids 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Fabrics, Sewing Supplies & Machines 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Farm Machinery Sales 1 per 500 sf 2 per 500 sf Not applicable Farm Supplies & Hardware (including landscape, and garden supply sales ) 1 per 300 sf 1 per 150 sf Not applicable Farmers Markets 1 per 500 sf of market area 1 per 150 sf of market area 1 per 10 vehicle spaces Fast Food Restaurants 1 per 75 sf 1 per 50 sf 1 per 10 vehicle spaces Fertilizer Sales 1 per 300 sf 1 per 150 sf Financial Services (Bank, Savings 1 per 300 sf 1 per 200 sf 1 per 10 vehicle spaces and Loan, Credit Union office) Floor covering 1 per 500 sf 1 per 150 sf Not applicable Flowers (Florist Shop) 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Furniture and/or Appliances 1 per 500 sf 1 per 150 sf Not applicable Garden center, including sales of trees, shrubs, garden supplies 1 per 500 sf 2 per 500 sf Not applicable Article Design and Improvement Standards Supp. No. 10, 2-13

61 City of Frederick 607 Parking and Loading Standards Parking Use Minimum Maximum Parking Minimum Bicycle Parking Spaces Spaces Parking Greenhouse Not applicable not including sale of trees, shrubs, gardening supplies 1 per 500 sf 2 per 500 sf Not applicable including sale of trees, shrubs, garden supplies 1 per 500 sf 2 per 500 sf Not applicable Grocery Stores 1 per 300 sf 1 per 200 sf 1 per 10 vehicle spaces Handicraft Items (such as Pottery, Stained Glass, Woodwork) 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Hardware, inside storage 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Hardware, outside storage 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Household Furnishings 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Ice Cream Parlor 1 per 75 sf 1 per 50 sf 1 per 10 vehicle spaces Industrial equipment, plumbing supplies and other heavy consumer goods not otherwise 1 per 500 sf 1 per 150 sf Not applicable listed, sales and service, with outdoor storage. Interior Decorator 1 per 200 sf 1 per 200 sf 1 per 10 vehicle spaces Jewelry 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Laundromat 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Lighting, Electrical Supplies 1 per 500 sf 1 per 150 sf Not applicable Liquor, Beer, Wine 1 per 300 sf 1 per 150 sf Not applicable Luggage, Leather Goods 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Meats, butcher shop 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Medical Supplies 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Mobile Homes, Trailers, Recreational Vehicles 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Motorcycles, ATV's, Sales and Repair 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Music & Records, Sales and 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Repair Musical Instruments 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Novelties, Souvenirs, Gifts 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Office Furniture 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Office Supplies 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Offices, Business 1 per 1,000 sf 1 per 200 GFA 1 per 10 vehicle spaces Offices, Regional (Bank, Savings and Loan, Credit Union, Insurance) 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Offices, Professional 1 per 1,000 sf 1 per 200 GFA 1 per 10 vehicle spaces Other Retail Sales Uses 1 per 350 sf 1 per 200 sf 1 per 10 vehicle spaces Paint, Wallpaper 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Personal Services (e.g., nail salons, barbers, shoe repair, and similar establishments), not otherwise listed 1 per 500 sf 2 per 500 sf 1 per 10 vehicle spaces Pet store or pet supply store 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Photography Studio 1 per 300 sf 1 per 200 sf 1 per 10 vehicle spaces Photo Processing Picture Framing 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Professional Services Not Otherwise Listed 1 per 1,000 sf 1 per 150 sf 1 per 10 vehicle spaces Supp. No. 10, Article 6 Design and Improvement Standards

62 607 Parking and Loading Standards City of Frederick Parking Use Minimum Maximum Parking Minimum Bicycle Parking Spaces Spaces Parking Radio, TV Sales and Repair 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Residential/Commercial Mixed See Mixed Use See Mixed Use Use Section Section 1 per 10 vehicle spaces Restaurant, General 1 per 4 seats 1 per 2.5 seats 1 per 10 vehicle spaces Restaurant, Fast Food 1 per 3.5 seats 1 per 2 seats 1 per 10 vehicle spaces Restaurant with Entertainment 1 per 75 sf 1 per 50 sf 1 per 10 vehicle spaces Retail Sales or Service, Not 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Otherwise Listed Shoes 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Shopping Center 1 per 250 sf 1 per 150 sf 1 per 10 vehicle spaces Sporting goods 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Tailoring 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Taxidermy 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Tires, Batteries, Mufflers 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Tobacco Products 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Toys 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Truck Sales & Rental (Over 1 ton) 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces Upholstery, Curtain, Drapery Service Used Merchandise Auction Vehicle Services, Generally Vehicle Services, Auto Repair Shop Vehicle Services, Other Vehicle Repair and Service Shop Vehicle Services, Truck (1-ton+) Service and Repair Shop 1 per 500 sf 1 per 150 sf 1 per 10 vehicle spaces 1 per employee plus 1 per 4 spaces of seating area 1 per 500 sf including service bays, wash tunnels and retail areas 1 per 500 sf including service bays, wash tunnels and retail areas 1 per 500 sf including service bays, wash tunnels and retail areas 1 per 500 sf including service bays, wash tunnels and retail areas 1.2 per employee plus 1 per 4 spaces of seating area 1 per 375 sf including service bays, wash tunnels and retail areas 1 per 375 sf including service bays, wash tunnels and retail areas 1 per 375 sf including service bays, wash tunnels and retail areas 1 per 375 sf including service bays, wash tunnels and retail areas 1 per 10 vehicle spaces Not applicable Not applicable Not applicable Not applicable Veterinary Clinic 1 per 1,500 sf 1 per 150 sf Not applicable Videotape (Sales or Rental) 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Warehouse clubs and superstores 1 per 250 sf 1 per 150 sf 1 per 10 vehicle spaces Winery 1 per 500 sf 1 per 75 sf 1 per 10 vehicle spaces Industrial & Manufacturing Uses Aircraft, Industrial Assembly 1 per 1,500 sf 1 per 300 sf Not applicable Production Appliances, Assembly Production 1 per 1,500 sf 1 per 300 sf Not applicable Automobile, Assembly Production 1 per 1,500 sf Not applicable Not applicable Brick, Tile, Clay Products Manufacture 1 per 1,500 sf 1 per 300 sf Not applicable Cement Manufacture 1 per 1,500 sf Not applicable Not applicable Chemicals & Plastics Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Clothing, Cloth Goods Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Article Design and Improvement Standards Supp. No. 10, 2-13

63 City of Frederick 607 Parking and Loading Standards Parking Use Minimum Maximum Parking Minimum Bicycle Parking Spaces Spaces Parking Concrete, Asphalt Batching 1 per 1,500 sf Not applicable Not applicable Construction Equipment, Assembly Production 1 per 1,500 sf 1 per 300 sf Not applicable Distribution center for products manufactured and/or assembled elsewhere if the manufacture or 1 per 1,500 sf 1 per 300 sf Not applicable assembly of that product is permitted in the PB district Distilled Products, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Electronic Components, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Electronic Equipment, Assembly Production 1 per 1,500 sf 1 per 300 sf Not applicable Fabricated Metal Products, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Farm Equipment & Machinery, Assembly Production 1 per 1,500 sf 1 per 300 sf Not applicable Fertilizer, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Glass, Ceramic Products, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Infectious Waste Disposal Service Not applicable Not applicable Not applicable Janitorial Services 1 per 300 sf 1 per 200 sf Not applicable 1 per 2 employees at peak shift, plus 1 per 5,000 sf of land area devoted to Junk Yards material storage, plus one for each company vehicle at peak shift 1 per 300 sf Not applicable Manufacturing, Not Otherwise 1 per 1,500 sf 1 per 300 sf Not applicable Listed Medical Laboratory 1 per 1,500 sf 1 per 300 sf Not applicable Natural Resource, Bulk Plant 1 per 1,000 sf 1 per 300 sf Not applicable Natural Resource, Other Uses 1 per 1,000 sf 1 per 300 sf Not applicable Newspaper Printing 1 per 1,500 sf 1 per 300 sf Not applicable Offices, Laboratories, Testing, Manufacturing & Processing in Conjunction with Scientific or Industrial Research & Development Other Industrial Assembly, Production, Manufacturing, or Processing uses not expressly listed above which will not generate heavy customer traffic, which comply with all M-O district provisions and performance standards set forth in Sections 4.04(3)(a) Paint, Allied Product, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf 1 per 1,000 sf 1 per 300 sf Not applicable 1 per 1,500 sf 1 per 300 sf Not applicable Supp. No. 10, Article 6 Design and Improvement Standards

64 607 Parking and Loading Standards City of Frederick Use Minimum Parking Spaces Parking Maximum Parking Spaces Minimum Bicycle Parking Paper Product, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Pharmaceutical, Cosmetic, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Primary Metals, Foundries, Manufacturing and Processing 1 per 1,500 sf 1 per 300 sf Not applicable Printing, Blueprinting Services 1 per 1,500 sf 1 per 300 sf Not applicable Quarries; sand, gravel or clay extraction 1 per employee Not applicable Not applicable Sawmill 1 per employee Not applicable Not applicable Services & Trades, Other 1 per 1,500 sf 1 per 300 sf Not applicable Solar Energy Products Manufacturing 1 per 1,500 sf 1 per 300 sf Not applicable Stone Crushing 1 per 1,500 sf 1 per 300 sf Not applicable Stone Monuments (excludes engraving) 1 per 1,500 sf 1 per 300 sf Not applicable Stone Monuments (including engraving) 1 per 1,500 sf 1 per 300 sf Not applicable Textiles, Synthetic Fabrics 1 per 1,500 sf 1 per 300 sf Not applicable Tools, Industrial Machinery, Mechanical Equipment 1 per 1,500 sf 1 per 300 sf Not applicable Trucks, Trailers and Other Vehicle, Industrial Assembly Production 1 per 1,500 sf 1 per 300 sf Not applicable Vehicle Storage Yards (RVs, etc.) 1 per 1,500 sf 1 per 300 sf Not applicable Wood Products 1 per 1,500 sf 1 per 300 sf Not applicable Wood, Pressure Treating of 1 per 1,500 sf 1 per 300 sf Not applicable Warehousing and Storage Uses Bulk Plants for Nonhazardous liquids & gases 1 per 1,000 sf 1 per 300 sf Not applicable Coal Storage 1 per 500 sf 1 per 150 sf Not applicable Distribution Center, Freight Terminal 1 per 1,000 sf 1 per 350 sf Not applicable Outdoor Storage of construction equipment, generally 1 per 1,000 sf 1 per 350 sf Not applicable Self Storage 1 per 1,000 sf Not applicable Not applicable Sheltered Workshop Not applicable Storage Warehouse 1 per 1,000 sf 1 per 350 sf Not applicable Storage Yards 1 per 1,000 sf 1 per 350 sf Not applicable Trucking Offices & Storage, Repair Shop Arts, Recreation & Entertainment Adult Bookstore and/or Adult Entertainment Centers 1 per 1,000 sf 1 per 350 sf Not applicable 1 per 75 sf 1 per 50 sf Not applicable Arcade (pinball, video) 1 per 300 sf 1 per 150 sf 1 per 10 vehicle spaces Bowling 2 per lane 4 per lane 1 per 20 vehicle spaces 1 per 600 sf 1 per 500 sf outdoor Carnival, Circus outdoor area area 1 per 20 vehicle spaces Church 1 per 4 seats 1 per 1.5 seats 1 per 20 vehicle spaces Conference Center 1 per 6 seats 1 per 4 seats 1 per 20 vehicle spaces Article Design and Improvement Standards Supp. No. 10, 2-13

65 City of Frederick 607 Parking and Loading Standards Parking Use Minimum Maximum Parking Minimum Bicycle Parking Spaces Spaces Parking Fair 1 per 6 seats or 1 1 per 4 seats or 1 per per 30 sf if no 50 sf if no permanent 1 per 20 vehicle spaces permanent seats seats Fine Arts Studio 1 per 300 sf 1 per 200 sf Golf Course & Club 4 per hole 6 per hole Not applicable Golf Driving Range 1 per tee 1.5 per tee Not applicable Health Club or Spa 1 per 650 sf 6 per 650 sf 1 per 10 vehicle spaces Indoor Sports Complex 1 per 650 sf 3 per 650 sf 1 per 10 vehicle spaces Miniature Golf 1 per hole 2 per hole 1 per 20 vehicle spaces Park Not applicable Not applicable Pool, Billiards 5 per 1,000 sf 6 per 1,000 sf 1 per 20 vehicle spaces Private Club 1 per 3 person Not applicable Reception Facility 1.5 per 1000 sf 10 per 1000 sf Recreation, Social Service Center 1.5 per 1000 sf 10 per 1000 sf 1 per 20 vehicle spaces Recreational Uses, Other Private 1.5 per 1,000 sf 10 per 1,000 sf 1 per 20 vehicle spaces Skating Rink 1 per 1,000 sf 1 per 500 sf 1 per 20 vehicle spaces Swimming (non-accessory pools) Tennis, Racquet Sports 1 space per 100 sf of water surface area, plus 1 space for 50 sf of site area used for spectator seating 1 per 6 seats or 1 per 30 sf if no permanent seats 1 space per 60 sf of water surface area, plus 1 space for 30 sf of site area used for spectator seating 1 per 4 seats or 1 per 50 sf if no permanent seats 1 per 10 vehicle spaces 1 per 10 vehicle spaces Theater 1 per 6 seats 1 per 4 seats 1 per 20 vehicle spaces Indoor Recreation Complex 1 per 650 sf 3 per 650 sf 1 per 10 vehicle spaces Other Similar Uses Education, Public Administration, Health Care, and Institutional 1 per 200 sf or 1 per 4 students, Academic, Colleges whichever is greater Adult Day Care Center 1 per 375 sf 1.5 per 375 sf 1 per 150 sf or 1 per 2 students, whichever is less 1 per 10 vehicle spaces Administrative Offices, Public Building 1 per 1,000 sf 1 per 125 sf GFA Cemetery Not applicable Not applicable Not applicable Child Day Care Center 1 per 375 sf 1.5 per 375 sf Not applicable Cultural Centers (Museum, Library, etc.) 1 per 1,000 sf 1.5 per 1,000 sf 1 per 60 sf of 2 per 60 sf of seating Funeral Home seating area area 1 per 60 sf of 2 per 60 sf of seating Funeral Home with crematorium seating area area Hospital 1 per 400 sf Not applicable 1 per 20 vehicle spaces Institutional Public Uses, Other 1 per 500 sf 1 per 300 sf 1 per 10 vehicle spaces Public Safety (police, fire, 1 per 200 sf Not applicable ambulance) Public Storage Yards, Shops, Maintenance Areas 1 per 1,000 sf 1 per 350 sf Religious or Social Mission 1 per 8 seats 6 per 8 seats Schools, Public 1 per classroom 2.5 per classroom Parking Supp. No. 10, Article 6 Design and Improvement Standards

66 607 Parking and Loading Standards City of Frederick Use Vo-tech or Trade Schools Minimum Parking Spaces 1 per 200 sf or 1 per 4 students, whichever is greater Maximum Parking Spaces 1 per 150 sf or 1 per 2 students, whichever is less Minimum Bicycle Parking Other Similar Uses 1 per 500 sf 1 per 300 sf 1 per 20 vehicle spaces Transportation, Communication, Information, and Utilities 1 per 4 seating accommodations for waiting passengers, plus 1 Airfield, General Aviation parking space per each 2 employees on shift of largest employment Not applicable Not applicable 1 per 4 seating accommodations Bus Depot for waiting Not applicable passengers plus 0.5 per employee Heliport 1 per 4 seating accommodations for waiting Not applicable Not applicable passengers plus 0.5 per employee Helistop 1 per 4 seating accommodations for waiting Not applicable Not applicable passengers plus 0.5 per employee Parking Lot, Parking Garage Not applicable Not applicable Truck Stop Utility Uses & Structures Communication Antenna on existing city-owned water towers and existing athletic lighting structures, over sixty (60) feet in height, on public land Communication Towers and Antennas Telecommunication Antennas enclosed within an existing structure or building subject to Section 4.04(14) Agriculture Agricultural Production Agricultural Production & Support Functions, Not Otherwise 1 per 500 sf including service bays, wash tunnels, and retail areas 1 per 375 sf including service bays, wash tunnels, and retail areas Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Mentioned Canning Not applicable Not applicable Not applicable Commercial kennel 1 per 500 sf 2 per 500 sf Not applicable Dairy, bottling 1 per 1,500 sf 1 per 300 sf Not applicable Farm Equipment & Machinery 1 per 500 sf 1 per 300 sf Not applicable Farm Supplies & Hardware 1 per 500 sf 1 per 300 sf Not applicable Feed, grain mill 1 per 1,500 sf 1 per 300 sf Not applicable Feed, Grain, & Seed Sales 1 per 500 sf 1 per 300 sf Not applicable Article Design and Improvement Standards Supp. No. 10, 2-13

67 City of Frederick 607 Parking and Loading Standards Parking Use Minimum Maximum Parking Minimum Bicycle Parking Spaces Spaces Parking Fertilizer Sales 1 per 500 sf 1 per 300 sf Not applicable Greenhouse, commercial 1 per 500 sf 2 per 500 sf Not applicable 1 per employee on Livestock Sales longest shift Not applicable Not applicable Meat, poultry packing or 1 per 1,500 sf processing 1 per 300 sf Not applicable Roadside Stand 1 per employee Not applicable Not applicable Temporary buildings, incidental to development Not applicable Not applicable (c) Downtown Parking Regulations (1) The minimum parking requirement in the DB and DBO district is onehalf of the minimum parking requirement established for the use in Section 607, Table (2) The minimum parking space requirements of Table and this subsection do not apply to new buildings or additions to buildings that have a gross floor area of 40,000 square feet or less and are constructed on parcels that are: A. Zoned DB, DBO, or M1; and B. Located within the area depicted in figure Figure 607-1, Downtown areas where parking standards are not applicable. Supp. No. 10, Article 6 Design and Improvement Standards

68 607 Parking and Loading Standards City of Frederick (3) For those properties that are subject to the minimum parking requirements and are zoned DB or DBO, parking must be provided as follows: A. Additional parking is not required for the change of use of a building or an addition to a building that is 5,000 square feet or less if the building existed as of January 18, B. Additional parking is not required for a new building that is 5,000 square feet or less on a lot of record existing as of January 18, C. For an addition to an existing building, as of January 18, 2007, totaling between 5,000 and 10,000 square feet, or a new building totaling between 5,000 and 10,000 square feet on a lot of record as of January 18, 2007, parking must be provided for that portion of the addition or new building over 5,000 square feet. Parking is not required for the first 5,000 square feet, provided that the entire addition or new building does not exceed 10,000 square feet. D. Any proposed addition to an existing building, as of January 18, 2007, over 10,000 square feet, or a new building over 10,000 square feet, shall be required to provide parking in accordance with the standards of Section 607(b), as modified by Section 607(c)(1)A for the entire building. (4) Transit Availability A. The minimum parking requirement in the DB and DBO district may be reduced by the Planning Commission by 25% for development projects that are within 1,320 feet of a public transit or bus stop. B. The distance prescribed in subsection (a) above shall be measured along the frontage of public streets with sidewalks. C. A continuous system of sidewalks or pedestrian pathways, as defined below, shall link the proposed development and the transit station or bus shelter. Sidewalks or pedestrian pathways are considered continuous if they are interrupted only by Street intersections, but shall not be considered continuous if interrupted by natural or man-made barriers to pedestrian movement or by a street that consists of more than four (4) lanes of traffic. Article Design and Improvement Standards Supp. No. 10, 2-13

69 City of Frederick 607 Parking and Loading Standards (5) Payments in Lieu of Parking A. In lieu of providing the minimum parking requirement, the Planning Commission may authorize a payment in lieu of parking spaces which shall be contributed to a parking fund specifically set aside to provide public parking within the downtown. B. The amount of the payment for each space shall be established by resolution of the Board of Aldermen and shall be reasonable and based on the actual or estimated cost to provide such spaces. C. A request for fee-in-lieu of parking may be granted only when the applicant demonstrates, and the Commission finds, that: 1. Granting the fee in lieu of parking is not contrary to the public interest; 2. The installation of parking onsite cannot reasonably be done or will require the demolition of historically significant structures; and 3. The City s capital improvement program shows that the parking needs generated by the proposed development will be accommodated by construction of additional parking in this area of the downtown, within two years of the fee-in-lieu of parking payment. D. The fee-in-lieu of parking resolution shall establish a benefit area for the fees in lieu of parking. The benefit area shall include an area where new offsite parking improvements will benefit applicants paying a fee-in-lieu of parking. E. The "parking improvement fund" established by this subsection is hereby created for a special City fund into which all fees in lieu of parking fees shall be deposited. Special accounts shall be created within the parking improvement fund for each benefit area established under subsection D, above. Monies in these accounts must be expended only for public parking improvements within the applicable benefit area. The Board of Aldermen may, by resolution, direct that other funds be transferred into the fund to be used for the purposes of the fund. Supp. No. 10, Article 6 Design and Improvement Standards

70 607 Parking and Loading Standards City of Frederick F. No building permits shall be issued until complete payment has been received. (d) Modification of Parking Requirements The minimum parking requirements in all zoning districts may be modified by the Planning Commission at the time of site plan review as provided below or where provided in an application of the Supplemental Use Regulation. (see Article 8) (1) Joint Use Parking area or loading area required for one activity may be used to satisfy the parking and loading requirements of another activity provided that all of the following conditions exist. If the conditions no longer exist, the joint use of parking facilities shall cease and required parking must be provided for each use independently. A. The activities must be located on the same lot or adjacent lots which are connected by way of sidewalks. B. The activities sharing parking and/or loading areas will not be opened or operated at the same time. C. There must be a written joint use agreement between the owners of each use in effect for as long as the joint use is necessary for the parties to meet the parking requirements. D. The parking and/or loading area must have sufficient capacity to meet the requirements of any one activity using the areas. (2) Off-Site Parking Off-site and off-street parking may be calculated towards the minimum parking requirement provided that all the following conditions are met. A. Off-site parking areas may be no more than 1320 feet from a site as measured from the nearest point of the off-site parking lot to the nearest point of the building, structure or use served by such parking lot. B. Except in the DR, DB or DBO districts, such off-site parking spaces shall not exceed fifty percent (50%) of the required parking. Article Design and Improvement Standards Supp. No. 10, 2-13

71 City of Frederick 607 Parking and Loading Standards C. The off-site parking property owner must have sufficient parking for all uses on the off-site lot in addition to the subject site. D. If such off-site parking spaces are not in the same ownership as the use being served by the parking spaces, then a parking easement between the owner of the off-site parking area and the owner of the use shall be submitted to the Planning Department. The easement shall assure the continued availability and usability of the off-site parking for as long as required by the use and shall be recorded at the expense of the applicant in the Land Records of Frederick County. E. Loss of the minimal number of committed off-site or on-site parking spaces will void any applicable zoning or occupancy certificate. (3) Tree Protection, Forest Retention Parking and loading space or drive dimensions may be modified in order to retain forest or protect individual trees provided that the modifications are the minimum necessary to assure public safety and are not contrary to the overall purpose and the intent of this section and provided that individual trees or forested areas are retained through a protective easement. (e) (4) The number of motor vehicle spaces may be reduced by one (1) space for every five (5) bicycle spaces provided above the minimum number of bicycle spaces required by Table of this Section, with a maximum credit of three parking spaces, if the applicant demonstrates the proposed use will not need the required parking. Parking Space Design - Motor Vehicle Spaces (1) Dimensions A. The minimum dimensions of parking spaces shall conform to the Standard Specifications, Sheets S-10 and S-10a. B. The minimum width of access drives shall be as follows: Table Parking Stall Dimensions Drive Widths Parking Angle One Way One Way in DB, DBO, DR Two Way Two Way in DB, DBO, DR Window Service 9 Supp. No. 10, Article 6 Design and Improvement Standards

72 607 Parking and Loading Standards City of Frederick C. Driveways serving single-family dwellings, duplexes, or twofamily dwelling shall not measure less than nine feet in width, provided the driveway length is less than 40 feet. In all other cases driveways shall be as required above. D. The Planning Commission may modify drive aisle widths within the DB, DBO, and DR districts. (2) Parking Area Lighting A. This subsection applies to any parking and loading areas and access drives except those serving single-family and duplex dwellings. B. A lighting plan consistent with the requirements of Article 11 shall be provided with the application for development approval. C. The lighting plan shall demonstrate that the parking lot will achieve the recommended maintained illuminance values as established in Illuminating Engineering Society of North America, Lighting for Parking Facilities (IESNA RP-20-98, January 1, 1998), Table 1, which document is hereby incorporated by this reference. The top level of parking garages that are open to the sky shall achieve the "enhanced security" values, while all other parking facilities shall achieve the "basic" values. D. Such lighting shall be arranged to contain the light within the property boundaries. E Parking lot lighting in residential areas shall not be higher than 20 feet from ground level. F. Parking lot lighting in nonresidential areas may exceed 20 feet in height, but shall demonstrate through the illumination plan that no light trespasses on to adjacent residential properties. (3) Paving A. All parking areas shall be paved with a dust-free, durable, and stable surface such as asphalt or concrete. Parking areas located within the 100-year floodplain need not be of an impervious material provided the proposed surface material meets the standards for permeable pavement established in subsection (4). Article Design and Improvement Standards Supp. No. 10, 2-13

73 City of Frederick 607 Parking and Loading Standards B. All parking area surfaces shall be kept in good repair and maintained in such a manner as to preserve their dust-free, durable, and stable characteristics as long as the parking area is utilized. (4) Permeable Pavement Permeable pavement is permitted if the location and design complies with the following: A. Permeable pavement shall be located only on soils having a permeability rating of Moderate Rapid to Very Rapid (see definition of Permeability in Article 10 of this Code). B. Permeable pavement shall not be located in soils with an apparent or perched high water table. C. Permeable pavement shall not be located on any slope exceeding ten percent (10%) over twenty (20) feet. D. The Permeable pavement area shall be vacuum-swept and washed with a high-pressure hose at least four (4) times per year. (5) Striping/Marking A. All parking and loading areas and access drives, except those serving single-family and two-family residential properties, shall be clearly striped or otherwise marked to identify parking and loading spaces. Access drives shall be marked or signed, as necessary, to facilitate safe traffic circulation. If more than twenty five percent (25%) of the parking spaces have striping that is no longer clearly visible to a motorist, these areas must be repainted to the approved dimensions by the property owner. B. All striping, markings, and signs shall be maintained as long as the area is utilized or is required for parking or loading purposes. (6) Maximum Length of Access Drive in Residential Developments No residential parking space shall be located more than six hundred (600) feet from a public street right-of-way at least fifty (50) feet wide to which it has access as measured along the center line of the access drive. Supp. No. 10, Article 6 Design and Improvement Standards

74 607 Parking and Loading Standards City of Frederick (7) Disabled Parking All parking areas shall comply with the Maryland Accessibility Code (COMAR et seq.). Disabled parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. The accessible route of travel shall not cross lanes for vehicular traffic, unless the Zoning Administrator finds that such location would be inconsistent with the Maryland Accessibility Code or the City Fire Prevention Code (Article 9 of the City Code). When crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk. Every disabled parking space located in a parking lot shall be identified by a sign as specified in COMAR D. (8) Turn Around Required Except for single-family, two-family, and duplex uses, where driveways measure less than forty (40) feet in length, the parking area shall be designed in such a manner as to afford turn-around areas enabling vehicles to exit in a forward motion onto public streets or alleys. (f) Bicycle Spaces - Number and Design Bicycle racks or spaces required by Table shall conform to the following: (1) Bike racks shall be located not more than fifty (50) feet from the principal entry to a building or structure, or along a walkway that leads directly to the principal entry. Bike racks shall not be located farther than the closest motor vehicle parking space. In the downtown districts where spaces cannot physically be accommodated within fifty (50) feet of the principal entry to the building, the required bicycle parking spaces may be located in a public parking garage that is located within 1,320 feet, or in the rear of the building. (2) The spaces shall not be located behind any wall, shrubbery, or other visual obstruction lying between the principal structure and the bicycle spaces. (3) Bicycle spaces may be provided through spaces or bicycle storage racks. (4) Bicycle spaces shall be at least 2 6 in width and 6 0 in length with a minimum seven (7) feet of vertical clearance, and shall be separately marked. Bicycle parking space shall be on asphaltic concrete, portland cement, brick, or similar hard surface material. Article Design and Improvement Standards Supp. No. 10, 2-13

75 City of Frederick 607 Parking and Loading Standards An access aisle at least five (5) feet wide shall be provided and maintained beside or between each row of bicycle parking. (5) In order to provide security, bicycle parking spaces shall include either a lockable enclosure in which the bicycle can be stored or a stationary rack upon which the bicycle can be locked. (6) Bicycle rack design must accommodate both U shaped locks and cables and include, but are not limited to, such shapes as an inverted "U" design or a "ribbon." Bicycle racks shall be securely anchored to a walkway, parking lot, building, or similar permanent structure. Exterior materials for bicycle racks shall use durable finishes that are not damaged by the constant abrasion from the bicycles. (g) Parking Area Setbacks (1) Setback from Right-of-Way A. Parking facilities shall be set back at least 10 feet from a street right-of-way line or vehicular easement line. B. Parking areas for shopping centers must be set back from all street or alley right-of-way lines a minimum of 25 feet, except as provided in subsections C and D, below. C. In the downtown districts parking may be within 3 feet of a public right-of-way provided curbing or wheel stops are used. D. In the M1 and M2 districts adjacent to any R districts, parking setbacks shall conform to the buffer requirements as set forth in Section 605. (2) Setback from Residential Districts Parking facilities for uses not allowed in residential zoning districts shall be set back at least thirty (30) feet from residential zoning districts. Parking facilities for uses allowed in residential zoning districts shall be set back at least 15 feet from all other perimeter property lines. This section does not apply to driveways. (3) The Planning Commission may modify these setbacks in accordance with Section 309(k). Supp. No. 10, Article 6 Design and Improvement Standards

76 607 Parking and Loading Standards City of Frederick (h) Loading Space Requirements Purpose: this section establishes minimum off-street loading space requirements in order to avoid the blocking of traffic on public streets from loading and deliveries. The City finds and determines that in some areas and structures, such as the City's historic downtown and small building modules, the public interest of minimizing impervious surface and promoting compact design outweighs the need for off-street loading. Accordingly, these areas are exempt, or subject to minimal off-street loading requirements. (1) This subsection applies to all uses in all zoning districts, except for the DB and DBO, districts or principal buildings or structures with less than 2,000 square feet of gross floor area. (2) Off-street loading spaces shall be provided and permanently maintained on the same lot for every separate use requiring the storage or delivery of goods consistent with Table 607-4, below. In the event more than one activity takes place within a single business or on a single lot, the parking requirements for that business or lot shall be determined on the basis of the proportion of the total business or lot devoted to each separate activity. The Planning Commission may modify the off-street loading space size requirements of Table 607-4, based on the applicant demonstrating the unique loading requirements of the use. The Planning Commission may also reduce the number of loading space based on the applicant demonstrating the loading requirements of the site. The Planning Commission shall not reduce the required loading spaces below 50% of the required amount. (3) There shall be two (2) sizes of off-street truck loading spaces designated: large and small." Each large space shall have an unobstructed vertical height of at least fifteen (15) feet, shall be at least twelve (12) feet wide, and shall be at least fifty (50) feet long, exclusive of access or maneuvering area, platform, and other appurtenances. Each small space shall have an unobstructed vertical height of at least ten (10) feet, shall be at least nine (9) feet wide, and shall be at least twenty (20) feet long, exclusive of access or maneuvering area, platform and other appurtenances. (4) Loading spaces and delivery spaces shall be distinct from parking spaces and access drives and their use shall not obstruct or otherwise conflict with the use of parking spaces and access drives. All loading and unloading spaces berths shall have signs and markings indicating that the space is reserved for loading or unloading. Article Design and Improvement Standards Supp. No. 10, 2-13

77 City of Frederick 607 Parking and Loading Standards (5) Loading docks, service areas or similar features shall be screened from view from all public streets. Screening shall conform to the following specifications of Table Table Minimum Off-Street Loading Spaces Use Classification Gross floor area (square feet) Minimum Loading Space Requirements Retail, office or industrial > 2000 but < 5,000 1 small uses Retail 5,000-40,000 1 large Retail over 40,000 1 large + 1 per each additional 40,000 square feet Office 5, ,000 1 large Office over 100,000 1 large + 1 per each additional 40,000 square feet Industrial and wholesale 5,000-40,000 square 1 large feet Industrial and wholesale 40, ,000 square 2 large feet Industrial and wholesale 100, ,000 square 3 large feet Industrial and wholesale 160, ,000 square 4 large feet Industrial and wholesale 240, ,000 square 5 large feet Industrial and wholesale 320, ,000 square 6 large feet Industrial and wholesale Each 90,000-above 400,000 square feet 1 large Table Loading Characteristics Location and Characteristics of Loading Areas Abutting a commercial or industrial district lot line Facing a residential district or a public street, unless it is within 100 feet of a residential district (see below). Within 100 feet of a residential district and less than 20,000 square feet Within 100 feet of a residential district and at least than 20,000 square feet Screening Specifications (see 605) Level I Level III Level IV Level V Supp. No. 10, Article 6 Design and Improvement Standards

78 608 Parks and Open Space City of Frederick 25 Sec. 608 PARKS AND OPEN SPACE Purpose and Findings: This section implements Policies PR.1 through PR.7 of the Comprehensive Plan. The City finds that public parks and common open space controls congestion; promotes health and the general welfare; provides adequate light and air; promotes the conservation of natural resources and natural hazard areas; prevents environmental pollution; avoids undue concentration of population; and facilitates the adequate provision of recreation and parks. These regulations have been made with reasonable consideration of, among other things, the demand for park area created by residential developments of different types and densities; the need to apply the size of the project or the number of additional dwelling units created; and the need to grant certain reasonable exceptions from these regulations to those projects which have obtained a certain level of approval and are progressing on the basis of that approval in a timely fashion, and which have already made parkland dedications or commitments which are reasonably consistent with public parkland needs as established in the Comprehensive Plan and in these regulations. The City finds that the park dedication provisions of this Section are proportionate to the impacts of new residential development. It is also recognized that infill residential development, while placing additional demands on public parkland, is different than new residential development in that some existing parkland is nearby and the need for additional parkland is less because of the existing parks. (a) Applicability (1) This Section applies to all properties in the City that are proposed to be developed or redeveloped for residential purposes in a manner which will increase the number of units from that which presently exists on the property. (2) The Planning Commission and Recreation and Parks Commission, after considering existing parkland in the vicinity of the proposed development may deem the addition of a new park on a particular parcel to be unnecessary and recommend to the Mayor and Board of Aldermen to waive the parkland requirement for the development. (3) Prior to the Planning Commission making its recommendation on a request for waiver of parkland for proposed townhouse and multifamily developments, the Planning Commission shall evaluate the proposed private open space to determine if it is reasonably functional to serve the development. (4) The Planning Commission shall not recommend waiver of parkland in areas identified in the Comprehensive Plan as locations for future Article Design and Improvement Standards Supp. No. 10, 2-13

79 City of Frederick 608 Parks and Open Space parks. (5) Within 60 days of receiving recommendations from the Planning Commission and the Recreation and Parks Commission, the Mayor and Board of Aldermen shall conduct a public hearing and approve or deny the request for waiver of parkland. The Board of Aldermen s decision on waiver of parkland shall precede unconditional approval of the proposed preliminary subdivision plat or final site plan, which ever is being considered first. (b) Parkland Standards (1) One thousand square feet of parkland shall be dedicated to the City for each new residential unit except as provided below in subsections (b)(2) and (b)(3). (2) Five hundred square feet per dwelling unit shall be dedicated to the City for accessory detached dwelling units in new developments. (3) Five hundred square feet per dwelling unit shall be dedicated to the City for new infill development. Accessory detached dwelling units in infill developments shall dedicate 250 square feet per unit. For the purpose of determining a new infill residential development, the following criteria must be met: A. The infill residential development must be adjacent to, or abutting on at least three sides, developed properties with improvements, which are on lots of record or platted lots recorded at least 15 years earlier. B. The infill residential development is located within one half (1/2) mile of an existing public park. The distance established in this subsection shall be measured in a straight line, provided that the distance shall not be interrupted by an existing primary arterial street or freeway (4) Parkland design shall be neighborhood or community parks as defined in Table PR.1 of the Comprehensive Plan, and shall conform to the following standards: Supp. No. 8, Article 6 Design and Improvement Standards

80 608 Parks and Open Space City of Frederick Table 608-1: Parkland Standards (A) Category and Description Natural Areas: Environmentally sensitive areas left undisturbed to provide an amenity for the development. Linear Parks Passive open space improved only with pedestrian or bicycle passageways. Linear parks may link subdivisions to other subdivisions and to activity centers or define the edge of a subdivision or a community. Green: An improved, passive open space surrounded by streets, and triangular or irregular in shape. Square: An improved, passive open space surrounded by streets and building frontages, and limited in area to one block. (B) Improvement and Maintenance Requirements Maintenance is limited to a minimum removal or grading to avoid hazards, nuisances, or unhealthy conditions. Natural watercourses shall be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels. The Linear Park shall be an average of at least onehundred (100) feet in width and at least fifty (50) feet at any point. There is no tree planting requirement along rightsof-way for Linear Parks except where street trees are required elsewhere in the Code. The following uses are permitted within the Linear Park: (1) Forest Conservation Areas, or (2) linear parks improved with Greenways, benches, and/or playground equipment. Benches and playground equipment shall not be considered impervious surfaces for purposes of computing impervious surface. Greens shall be landscaped with trees at the edges and open lawns at the center. Greens shall contain no structures other than benches, pavilions, and memorials. Pedestrian pathways are optional Squares shall be planted along the perimeter or may be used to preserve a specimen tree or small stand of trees. The geometric pattern of the Square shall be square or a rectangle with a length not exceeding twice the width. Article Design and Improvement Standards Original Adopted Version,

81 City of Frederick (A) Category and Description Parks: Open space areas improved with playground equipment or other active open space improvements. These may be surrounded by street frontages and building frontages, but this is not necessarily required. Playgrounds, Tot Lots and open play fields: Open space areas improved with playground equipment or other active open space improvements. Plaza: A hard-surfaced area adjoining the front of non-residential, multifamily or civic buildings. (Greens and squares, by contrast, are not hard-surfaced). Buildings directly adjoin the plaza, rather than facing it across a street. Dog Park: Fenced in areas designed 608 Parks and Open Space (B) Improvement and Maintenance Requirements Parks shall be bounded by Streets on a minimum of fifty percent (50%) of their perimeter (subject to lot line configurations). Trees shall be planted parallel to all perimeter rights-of-way with one species type, a minimum of twenty (20) feet to a maximum of fifty (50) feet on center. Playgrounds shall have playing surfaces covered in sand, wood chips, or other equivalent material. Paths and walkways may be paved in concrete, crushed gravel, brick paver, or similar material, or partially paved. Minimum Size: 2,500 square feet Maximum Size: 20,000 square feet At least one (1) playground shall be provided for every 50 dwelling units in a townhouse or multifamily development. Parking is permitted only at the edge of the plaza. Plazas shall be paved in brick or other type of paver, or crushed stone. Plazas shall be level, stepped, or gently sloping (less than five percent (5%) grade). At no time shall a Plaza s horizontal length or width be greater than three (3) times the height of the surrounding building(s). Minimum size: 2,000 square feet Maximum size: 30,000 square feet Plazas may be left unplanted. If planted, the trees shall frame the plaza space or the structure which the plaza services. Tree spacing shall be a minimum of twenty (20) feet and a maximum of twenty-five (25) feet on center. Surface materials should be mulch or stone dust. Minimum size: 1 acre Original Adopted Version, Article 6 Design and Improvement Standards

82 608 Parks and Open Space City of Frederick (A) Category and Description to allow for unleashed play areas for dogs. (B) Improvement and Maintenance Requirements Maximum size: N/A Amenities should include: Minimum 5 tall chain link fence Double gate at entrance Water fountain for humans/dogs. (c) Location (1) Parks shall be located such that: A. not less than seventy five (75) percent of the lots are within one-quarter (¼) mile (1,320 feet) from a parkland provided pursuant to this section; and B. no lot or dwelling unit is located further than one half (1/2) mile from parkland provided pursuant to this section. (2) The distance established in subsection one (1) shall be measured in a straight line, provided that the distance shall not be interrupted by an existing arterial street or freeway. The distance may be measured from parkland open space provided pursuant to this section, or public open space areas not provided by the applicant. (3) The locations of park maintenance equipment access easements shall be provided on plats of dedication and are subject to modifications by the Department of Engineering. (4) If the applicant proposes to dedicate the parks to the City, the dedication shall be in the form of a fee simple interest. Easements or other ownership interests shall not be accepted. (d) Minimum Standards of Park or Open Space Land Dedicated The following areas shall be excluded from the parkland dedication requirements and shall not be counted towards meeting public or private parkland requirements: (1) Areas devoted to streets, drives, overhead utilities, or private yards. (2) Except as approved by the Planning Commission and the Department of Parks and Recreation and the Recreation and Parks Article Design and Improvement Standards Original Adopted Version,

83 City of Frederick 608 Parks and Open Space Commission, no storm water management pond area shall be used to satisfy these park requirements. (3) Proposed parkland configured as a narrow strip shall not be accepted, without substantial demonstration as its purpose and function to serve the general public. (e) Review of Proposed Park Dedication (1) A copy of the application for development approval shall be submitted to the City Department of Parks and Recreation for review by the Recreation and Parks Commission. The Recreation and Parks Commission shall submit a recommendation to the Planning Department as to the suitability of the proposed area for parkland dedication. (2) The Planning Department shall submit a recommendation as to whether the proposed dedication shall be accepted by the Planning Commission as part of the application approval process. (3) At the time of subdivision or site plan review, the Planning Commission shall review each proposed park dedication for its suitability for public recreation in terms of its location, accessibility, topography, shape, size, relationship to surrounding properties (especially other park areas), and the Comprehensive Plan. Approval of a subdivision or site plan shall constitute approval of the park dedication. (4) Areas in forest or proposed for afforestation or reforestation on a forest conservation plan may be found to be suitable as public parkland by the Planning Commission with the approval of the Mayor and Board of Aldermen. (5) The utility of the proposed parkland shall be evaluated against the recreation needs of the community. The following standards of useable parkland shall be followed, unless modified by the Planning Commission: A. No more than seventy (70) percent of the required parkland to be dedicated shall be within the 100 year floodplain or have an average slope in excess of eight (8) percent. B. No more than twenty-five (25) percent of the required parkland shall be within the 25 year floodplain or have an average slope in excess of eight (8)percent. Original Adopted Version, Article 6 Design and Improvement Standards

84 608 Parks and Open Space City of Frederick C. For the purpose of meeting parkland requirement, nontidal wetlands shall not be counted toward meeting the parkland dedication requirement. If nontidal wetlands are proposed to be included in the dedicated parkland and permitting has been submitted to the State for construction activities, the wetland area must have been included in that permitting. (6) No change to a park s classification as described in the Comprehensive Plan and adopted as part of the preliminary subdivision plat or final site plan shall occur without a public hearing by the Planning Commission and review of the appropriate infrastructure needed for the reclassification of the park. (f) Fee in Lieu of Dedication (1) If the Planning Commission deems the proposed park dedication to be unsuitable for public recreation purposes in whole or in part, the Planning Commission may require the dedication of another area of the property which is suitable or may require the developer to pay a fee in lieu of dedication. If the Planning Commission deems appropriate, a combination of a fee and a minimum dedication of land may be made. (2) The fee shall be determined by the Board of Aldermen and shall be equal to the fair market value for the land in question based upon a recent appraisal of the tract being developed or subdivided. It shall be the responsibility of the developer/subdivider to provide the appraisal report to the Board. The appraisal shall be prepared by a qualified land appraiser. The monies acquired by the City in a fee in lieu of parkland dedication must be used for City parkland acquisition. (3) At the request of the applicant, the Planning Commission may determine that all or part of the parkland dedicated will serve residents beyond the proposed development. The value of the parkland dedicated and cost of new improvements provided by the applicant shall be credited against any park impact fee for offsite parkland improvements to the extent that they are attributable to improvements that do not exclusively benefit the proposed development. If the applicant fails to request a credit as provided in this subsection, the applicant shall be deemed to have waived any right to request an offset or credit pursuant to the park impact fees ordinance. (4) For those parcels located entirely within either the Carroll Creek Overlay District or the Frederick Historic District, National Register Article Design and Improvement Standards Original Adopted Version,

85 City of Frederick 608 Parks and Open Space of Historic Places, the fee in lieu of parkland dedication is not applicable, instead, a fee of $1,000 shall be applied to each new dwelling unit created in the development which will be used to fund parkland improvements within the defined area. (g) Offsite Parkland Dedication The Planning Commission may approve an offsite dedication of parkland upon review of thereof in accordance with Section 608 (e) and provided that the following conditions are met: (1) Approval for an offsite dedication of parkland shall only be granted if the location of the parcel of land proposed for dedication is located no more than one half (1/2) mile from the proposed development. The distance established in this subsection shall be measured in a straight line, provided that the distance shall not be interrupted by an existing primary arterial street or freeway. (2) Offsite parkland dedication shall not be approved unless access from the proposed development to the offsite parkland is provided via a pathway system within the proposed development and/or a sidewalk system that connects the proposed development to the offsite parkland. Notwithstanding the foregoing, no offsite parkland shall be accepted if access to the offsite parkland from the proposed development crosses a primary arterial street or freeway unless such crossing is provided by pedestrian bridge or tunnel. (3) An owner/developer may request approval for a combination of onsite parkland, offsite parkland and the payment of fee in lieu of parkland dedication in order to meet the parkland dedication requirements of Section 608(b). (h) Park Area Size, Private Open Space (1) The Planning Commission may approve a combination of a fee for public parkland and dedication of land to private, rather than public, ownership if: A. the proposed public park dedication does not by itself or in conjunction with other abutting park areas result in a parcel of at least three acres in size; or B. the proposed development is multifamily housing for elderly persons in which the applicant shall demonstrate that passive park features are incorporated throughout the elderly development in acreage comparable to the parkland dedication requirement. Original Adopted Version, Article 6 Design and Improvement Standards

86 608 Parks and Open Space City of Frederick (2) The private owner shall be either a property owners' association created under the provisions of this Code or the owner of a multifamily project. The combination of fee and private open space shall meet the standards prescribed by subsection (b). (3) If subsection (1) A applies, the private open space shall not be applied to fulfill more than twenty percent (20%) of the total parkland area required. This percentage represents the portion of total parkland made up by neighborhood parks as prescribed by the Comprehensive Plan. (i) Park Improvements Required (1) Before any proposed park dedication shall be accepted by the City, a site plan shall be prepared for all active parkland areas. The parkland site plan shall be reviewed with the City Park and Recreation Department, approved by the Recreation and Parks Commission, and the Planning Commission. (2) Before any proposed park dedication shall be accepted by the City, the site shall be cleared of debris, weeds, and other undesirable material and graded, if necessary per plan approval, and the surface stabilized by grass seeding or other acceptable methods at the expense of the owner of the property in accordance with a plan prepared by the owner which has been reviewed and approved by the Engineering Department. (3) No building permit/zoning certificate shall be approved by the Building Department for the development in question until the payment of a fee or satisfactory guarantee by the owner of the site improvements required by this Section is accepted by the Mayor and Board. At the time of master plan, final site plan, or preliminary plat review, the applicant shall submit an offer to dedicate parkland. (4) At the time of site plan and/or final plat review, the applicant shall: A. If parkland is not dedicated onsite, pay the fee in lieu of parkland dedication payment and/or the park improvement fee established under subsection (f)(4); and B. Provide all improvement guarantees for grading and seeding for the park improvements that are provided onsite. Article Design and Improvement Standards Original Adopted Version,

87 City of Frederick 608 Parks and Open Space (5) Following approval of a final site plan and subdivision plat, not more than fifty percent (50%) of all building permits for dwelling units may be issued prior to the acceptance of dedication. No building permit may be issued to any of the remaining dwelling units until all park improvements have been dedicated and constructed as provided in this Section. Sec. 609 RESERVED Sec. 610 (a) (b) SITE DESIGN USING CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) Required Application of CPTED Site plan and building design shall incorporate standard CPTED design principles to improve the overall safety of the built environment and discourage potential criminal activity. Such design elements shall be balanced with other site/building plan design factors such as aesthetics and conflict with standard engineering and building codes. Design Features During the review of the site plan, the Planning Commission or Planning Department shall evaluate the inclusion of CPTED. Design features shall include, but not be limited to, creating natural surveillance, controlling access, and territorial reinforcements. Such goals shall be accomplished through property building/structure location and orientations, parking lot placement, general lighting, landscaping, fencing, security cameras and other applicable site design features. Original Adopted Version, Article 6 Design and Improvement Standards

88 611 Street Improvement Standards City of Frederick Sec. 611 STREET IMPROVEMENT STANDARDS Purpose: This section establishes standards regarding the manner in which the public street system of a development is planned. (a) Administration The Engineering Department, in cooperation with the Planning Department, shall administer the street identification system. The Planning Department shall examine the street number or names on all proposed plats and submit a recommendation to the Planning Commission. The Engineering Department shall also, from time to time, examine the identification of existing public streets and recommend to the Planning Commission such changes as deemed necessary in furtherance of the City street identification system. (b) Improvements Required (1) Streets shall be graded to the full width of the right-of-way in accordance with grades submitted to and approved by the Engineering Department. All street paving, grading and gravel base construction shall conform to approved engineering plans. (2) Grading shall be completed prior to the installation of applicable underground utilities. Base course construction shall be undertaken after the installation of the utilities. (3) Following the Engineering Department s approval of street grading and utility installation, streets shall be surfaced and provided with curb and gutter consistent with the approved plans of construction. (4) No final grading, sidewalk or pavement construction or the installation of utilities shall be permitted in the bed of any proposed street in a subdivision until the Engineering Department has approved the improvement plans, financial guarantees provided, and the plat is approved by the Planning Commission in final form and placed on record. Article Design and Improvement Standards Original Adopted Version,

89 City of Frederick 611 Street Improvement Standards (c) Street Layout (1) Generally The design of the proposed street system shall be consistent with the policies of the Comprehensive Plan. The design of proposed streets shall accommodate: A. The location, width and grade of existing or planned streets; B. Existing and finished topographical conditions; C. The potential uses of the land to be served by the street; and D. The manner the streets will be integrated in to the runoff control system. (2) Hazardous areas Street layout shall avoid hazardous areas such as floodways, cliffs, sinkholes, or ravines. A secondary means of access shall be provided when the sole primary means of access into a subdivision traverses a flood plain area. Such secondary access should be designed no more than two (2) feet below the flood protection elevation. (3) Hierarchy A hierarchy of streets shall be established in the application according to the following principles: A. Local streets shall be laid out to intersect with a higher order street when anticipated ADT (as determined in the Traffic Impact Study see Article 12) will exceed 1,000 vehicles per day. B. Local streets shall intersect with two streets of equal or higher classification, except where cul-de-sacs are permitted by this section. C. Alleys shall intersect with local or collector streets. D. Where the layout of the development is such that the anticipated ADT will exceed 3,000, a collector street network shall distribute traffic to the major street system identified on the Comprehensive Plan. Original Adopted Version, Article 6 Design and Improvement Standards

90 611 Street Improvement Standards City of Frederick E. Where it is the purpose to restrict private access to collectors, arterials or expressways or where the development of a residential subdivision utilizing rear access is planned, alleys shall be provided. Blocks with alleys shall be platted with no access along the lot frontages paralleling the alley. F. Residential lots shall access off of the lowest road classification. (d) Street Classification Classification of an existing or proposed street not already identified on the Comprehensive Plan, for the purpose of determining the appropriate design of a street or development, or for the purpose of determining the appropriateness of a location for a proposed use, shall be done by the Planning Department in consultation with the Engineering Department. In determining the classification of a street, factors to be considered include the following existing or proposed features: (1) Facility Geometrics, including the number and width of traffic lanes, turning lanes, and parking lanes. (2) Access Conditions, including any restrictions on access, the spacing of private accesses, and average lot frontages. (3) Traffic Characteristics, including ADT, percentage of trucks, average operating speed, percentage of turning movements, origindestination characteristics of the traffic, and peak hour characteristics of traffic. Article Design and Improvement Standards Original Adopted Version,

91 City of Frederick 611 Street Improvement Standards (4) Adjacent Land Uses. Utilizing this information in conjunction with the Comprehensive Plan Map and the narrative descriptions for each Street classification provided in the Comprehensive Plan, the Planning Department staff shall determine which of the Comprehensive Plan designations apply to the street under consideration. A r t e r i a l Open Space Open Space A r t e r i a l Collector Collector GRIDDED LOCAL / COLLECTOR / ARTERIAL SYSTEM Collector Collector A r t e r i a l Open Space Open Space A r t e r i a l Figure Street Classifications Original Adopted Version, Article 6 Design and Improvement Standards

92 611 Street Improvement Standards City of Frederick (e) Geometric Design Standards The requirements of this Section shall be used in conjunction with the documents published by the Engineering Department and entitled "Standard Design and Construction Details" and dated April 1985, as amended, which documents are incorporated by reference in this Code, to guide the design of street improvements within the City of Frederick. (1) The geometric design of standard streets shall conform to Table 611-1, below: 22 Table Conventional Street Design Design factor (see subsections below for explanation) Reference Alley (1-way) Right-of-Way (minimum - ft) (r) See Table Travel Lanes (number required) (v) See Table Parking Lanes (number required) (v) Pavement Width (minimum - ft) (o) Corner Radius (minimum - ft) (m) Centerline Radius (minimum - ft) (i) Drainage (l) CG CG CG CG CG CG Median (n) P P Block Length (ft) (h) Sidewalks (number required) (s) Planting Strip (ft) (p) Bike Lanes (g) Yes - - Street Trees 605(f) - - Yes Yes Yes Yes Maximum Grade (degrees) (l) Alley (2-way) Local Street Collector Arterial, Major Arterial, Minor Article Design and Improvement Standards Supp. No.5, 11-07

93 City of Frederick 611 Street Improvement Standards (2) The geometric design of streets for TND developments (See 411) and MU developments (See 417) shall conform to Table 611-2, below, unless modified by the Planning Commission through the Master Plan approval process: Table Community Design Streets (for TND/MU) Design factor (see subsections below for explanation) Reference Path Promenade Greenway Lane Road Large Road Small Street Street Large Street Rural Street Avenue Main Street Boulevard Parkway Right-of- Way (minimum - ft) Travel Lanes (number required) Parking Lanes (number required) Pavement Width (minimum - ft) Corner Radius (minimum - ft) Centerline Radius (minimum - (r) 5-10 ft) Drainage (l) CG, SH, SW (v) (v) (o) (m) (i) CG (1 or both sides) - CG, SH, SW CG, SH, SW CG, SH, SW CG, SH, SW CG CG CG CG CG CG CG or SH Median (n) Yes Yes Block (h) Length (ft) Sidewalks (number required) (s) Planting (p) Strip (ft) Bike Lanes (g) Yes - Yes Yes Street Trees 605(f) - - Yes - - Yes Yes Yes Yes Yes Yes Yes Yes Yes Maximum Grade (degrees) (l) Original Adopted Version, Article 6 Design and Improvement Standards

94 611 Street Improvement Standards City of Frederick (f) Alleys (1) The number of dwelling units that take access pursuant to this section shall not exceed forty (40) for a street with two connections, or twenty (20) for a cul-de-sac. Alleys that do not connect on both ends must facilitate vehicle turn-around. (2) Where an alley turns abruptly or intersects another alley, the corner shall be cut off by a chord of at least ten feet back from the corner in each direction. (3) Residential lots that do not have alley access shall have utility easements that are at least ten feet wide, if required by the Engineering Department. (g) Bike Lanes Bicycle lanes, if required, shall be placed in the outside lane of a street, or adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. (h) Block Length Subsection (e), Table 611-1(e)(geometric design) establishes the maximum block length, in feet, for each street classification. (i) Centerline Radius Where a street changes direction, a curve shall be used having a minimum radius at the center line as prescribed in the geometric design standards (subsection (e), above). Between reverse curves there shall be a tangent at least one hundred feet long. Article Design and Improvement Standards Original Adopted Version,

95 City of Frederick 611 Street Improvement Standards (j) Connectivity (1) Generally A. All streets which are designated as part of the planned road classifications in the Comprehensive Plan (Map T-1) shall be coterminous with adjoining links in said system and at the same or greater widths. B. All proposed streets shall be continuous and in alignment with existing streets. C. Where necessary to give access or to permit the reasonable future subdivision of adjacent land, right-of-ways and improvements, streets shall be extended to the boundary of the development. Construction of a temporary turnaround shall be provided where the dead end exceeds five hundred (500) feet in length. The platting of partial width right-ofways is prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated or established by other means. (2) Connectivity Ratio All streets within a proposed subdivision shall achieve a connectivity ratio of at least the amount designated below. For purposes of this subsection, connectivity ratio is the number of street links divided by the number of nodes. A link is each portion of a street defined by a node at both ends or at one end. A node is the intersection of two (2) or more streets, a cul-de-sac head or a dead-end. Connections with existing streets and stubouts to adjacent properties to accommodate future street connections are not considered nodes. Table Connectivity Ratio Type of Subdivision Ratio Development subject to Performance Standards for Flexible Zoning Techniques [Reserved for future reference] Traditional Neighborhood Development See 411(h) Mixed Use District See 417(c)(7)B All other Subdivisions 1.0 Original Adopted Version, Article 6 Design and Improvement Standards

96 611 Street Improvement Standards City of Frederick (3) Projecting Streets Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall provide for the projection of streets into unsubdivided areas. Parcels shall be arranged to allow the opening of future streets and logical further subdivision. Existing streets in adjoining areas shall be continued. The centerline of streets in the proposed subdivision shall align with the existing streets. Continuation of an existing street is not required where it would cause a street to project into a floodplain, bluff, or other natural feature that is subject to Article 7 of this Code. (4) Secondary Access At least one access point into a single-family residential subdivision shall be provided for everyone hundred and fifty (150) feet of frontage. Where a single family residential subdivision exceeds thirty (30) dwelling units, a secondary access is required. Article Design and Improvement Standards Original Adopted Version,

97 City of Frederick 611 Street Improvement Standards (5) Reserve strips Reserve strips of land for the sole purpose of controlling access to streets or circumventing right-of-way dedication are prohibited. (6) Half streets Half streets are prohibited, except where the planning commission determines that it will be practical to obtain the dedication of the other half of the street right-of-way when the adjoining property is developed. (k) Cul-de-Sac or Dead-End Streets (1) Dead-end or cul-desac streets designed to be permanently closed at one (1) end shall not exceed three-hundred fifty (350) feet in length. The distance of the cul-de-sac shall be measured from the edge of the right of way for the through road and the center point of the turnaround at the end of the cul-de-sac. A through road means a road with more than one access. Figure Cul-de-sac length (2) Closed ends of cul-de-sac streets shall be provided with a radialshaped turnaround having a minimum right-of-way radius of fifty (50) feet. (3) Cul-de-sacs that have no potential for future extension shall include a permanent area in the center of the turnaround which shall be landscaped by the developer prior to street acceptance. A covenant, or other suitable legal instrument, shall be placed on property deeds to all lots abutting the cul-de-sac turnaround indicating that the owners of such lots shall maintain the landscaped area. Such covenant shall be recorded in the land records of Frederick County. Original Adopted Version, Article 6 Design and Improvement Standards