25-205.1.6 Building Height.
a. Building Height and Stories. The maximum building height and stories shall be in accordance with Schedule A, Schedule of Zoning District Regulations and paragraph b. below.
b. Third Story Permitted. The building height may be increased thirty-seven feet (37') by an additional story not to exceed fourteen feet (14') in height inclusive of the height required for the roof, provided that said story be set back from the front yard setback line a minimum of ten feet (10') and provided further that any roof line facing the front yard shall not penetrate an imaginary line formed by an angle of forty-one degrees (41) from the horizontal, struck in a due east or west direction. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.7 Lot Area.
The minimum lot area shall be in accordance with Schedule A, Schedule of Zoning District Regulations. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.8 Lot Width.
The minimum lot width shall be in accordance with Schedule A, Schedule of Zoning District Regulations. (Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.1.9 Front Yard.
A front yard shall be required on every lot. The minimum setback for each lot shall be in accordance with one (1) of the following requirements:
a. The front yard shall be the average setback of the adjacent buildings on the entire block face as determined by a survey of existing setback lines of adjacent buildings, to be supplied by the developer.
b. In the absence of any structures on the block the minimum setback shall be four feet (4'). (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.10 Rear Yard.
A four foot (4) rear yard shall be required on every lot in the C-B Zone. (Ord. #0219; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.11 Side Yards.
a. Two (2) side yards shall be required when said floors are used for residential purposes on the second and/or third floors as permitted accessory uses; said residential side yards shall each be-a minimum of four feet (4')
b. An elevator and/or stairwell to a second and/or third floor residential use may encroach not more than eighteen inches (18") into one (1) residential side yard area. (Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.1.12 Maximum Lot and Impervious Surface Coverage.
The maximum lot and impervious surface coverage shall not exceed ninety percent (90%). (Ord. #02-19; Ord. #03-22, §,1; Ord. #04-13, §3)
25-205.1.13 Off-Street Parking.
a. A minimum of two (2) parking spaces shall be provided for each new residential dwelling unit constructed within this zone, unless the first floor of said structure is used for commercial purposes, in which case one (1) parking space shall be provided for each new residential dwelling unit constructed within this zone.
1. In the event an existing residential dwelling unit is rehabilitated or renovated, there shall be no requirement for parking for said unit if the first floor of the structure in which the unit is located is used for commercial purposes. If the first floor is not used for commercial purposes, two (2) parking spaces shall be required for each existing residential dwelling unit which is rehabilitated or renovated.
b. The provisions of subsection 25-300.12.4b. shall not apply to this zone:
c. The provisions of subsection 25-300.12.5 shall not apply to this zone. (Ord. #96-20, §1; Ord. #96-32, §1; Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.14 Building Design.
a. Transparent glass equal in area to not less than fifty-five percent (55%) of the front wall (street-side) area of the ground-level commercial unit is required.
The area of glass shall be calculated by measuring the height (from grade to top of plate) and width of the front exterior wall of the commercial unit, and the amount of glass within the main frame(s) of the windows and doors. The frames and/or edges of the windows and doors shall not be included in this calculation.
b. The minimum interior floor-to-ceiling height required in the ground-level commercial unit shall be ten feet (10'). (Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.15 Signs.
In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1.16 Maximum Dwelling Unit Density and Minimum Commercial Floor Area.
Twenty-nine (29) dwelling units per acre. The minimum commercially used floor area shall not be less than twenty-five percent (25%) of the gross floor of said building. (Ord. #02-19; Ord. #02-29, § 14; Ord. #03-12, §4; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.1.17 Design Standards.
All improvements to the curb and sidewalk areas on Asbury Avenue between 6th Street and 11th Street shall comply with the standards adopted by the Special Improvement District. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.1 Purpose.
The Central Business-1 Zone established in Section 25-201.2 of this Ordinance is intended to provide for more diversity in the mix of permitted uses. The ground floor unit must be used for commercial, retail, service or office use. Upper floors may be used for commercial and/or residential uses. (Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.1A.2 Permitted Uses.
One or more of the following uses shall be permitted on any lot in the CB-1 Zone.
a. Retail sales and retail service;
b. Banks, savings and loan associations and other fiduciary institutions;
c. Professional offices;
d. Personal service shops, such as barber shops and beauty shops;
e. Restaurants other than fast food restaurants;
f. Bicycle rentals and sales;
h. Mixed use consisting of residential and professional office or retail, provided the residential use does not occupy the first (grade-level) floor of any building;
i. Contractor's office, showroom, garage, warehouse and shop; provided all materials and equipment are stored within a completely enclosed building. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.3 Conditional Uses.
a. Quasi-public uses.
b. Churches. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.4 Permitted Accessory Uses.
a. Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed;
b. On-site storage of goods incidental to the daily conduct of the on-site retail business;
c. Signs in accordance with this Ordinance;
d. Solid waste storage. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.5 Bulk Requirements.
The following schedule applies to the Central Business-1 Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage. (Ord. #02-19; Ord. 03-22, § 1; Ord. #04-13, §3)
25-205.1A.6 Side Yards.
a. Two (2) side yards shall be required when said floors are used for residential purposes on the second and/or third floors as permitted accessory uses; said residential side yards shall each be a minimum of four feet (4').
b. An elevator and/or stairwell to a second and/or third floor residential use may encroach not more than eighteen inches (18") into one (1) side yard. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.7 Off-Street Parking.
a. A minimum of two (2) parking spaces shall be provided for each new residential dwelling unit constructed within this zone, unless the first floor of said structure is used for commercial purposes, in which case one (1) parking space shall be provided for each new residential dwelling unit constructed within this zone.
b. In the event an existing residential dwelling unit is rehabilitated or renovated, there shall be no requirement for parking for said unit if the first floor of the structure in which the unit is located is used for commercial purposes. If the first floor is not used for commercial purposes, two (2) parking spaces shall be required for each existing residential dwelling unit which is rehabilitated or renovated.
c. The provisions of subsection 25-300.12.4b, shall not apply to this zone.
d. The provisions of subsection 25-300.12.5 shall not apply to this zone. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.8 Building Design.
a. Transparent glass equal in area to not less than fifty-five percent (55%) of the front wall (street-side) area of the ground-level commercial unit is required.
The area of glass shall be calculated by measuring the height (from grade to top of plate) and width of the front exterior wall of the commercial unit, and the amount of glass within the main frame(s) of the windows and doors shall not be included in this calculation.
b. The minimum interior floor-to-ceiling height required in the ground-level commercial unit shall be ten feet (10'). (Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.9 Signs.
In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19; Ord. #03-22, §1; Ord. #04-13, §3)
25-205.1A.10 Maximum Dwelling Unit Density and Minimum Commercial Floor Area.
Thirty-two and two-tenths (32.2) for lots located on the eastern side of West Avenue, twenty-nine (29) dwelling units per acre elsewhere in the CB-1 Zone. The minimum commercially used floor area shall be not less than twenty-five percent (25%) of the gross floor area of said building. (Ord. #02-19; Ord. 02-29, §15; Ord. #03-12, §4; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.1A.11 Design Standards.
All improvements to the curb and sidewalk areas on Asbury Avenue between 6th Street and 11th Street shall comply with the standards adopted by the Special Improvement District. (Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, §3)
25-205.2.1 Purpose.
The Drive-in Business Zone established in Section 25-201.2 of this Ordinance is intended to reserve certain areas in Ocean City for the location of commercial uses which by their nature require a large traffic volume to sustain their trade. These land uses characteristically generate a large volume of automobile traffic of their own and need to be located adjacent to traffic arteries. (Ord. #02-19; Ord. #03-22, §1)
25-205.2.2 Permitted Uses.
One (1) or more of the following uses shall be permitted on any lot in the DB Zone.
a. Retail stores and other structures for the purpose of dispensing goods or services directly to the public including department and variety; apparel and accessory; home furniture, furnishings and equipment; household appliance; consumer radio, television and electronics; eating places; drug; used merchandise, sporting goods, bicycle; book and stationery; jewelry; hobby; photography; gift and novelty; luggage and leather goods; sewing; florists and related retail stores or shops included in the following Standard Industrial Classification groups or numbers;
b. Business and professional offices, newspaper and printing offices and similar facilities;
c. Banks, savings and loan associations and other fiduciary institutions;
d. Passenger terminal facilities, including taxi stands, bus stations and similar uses;
e. Restaurants including fast food and drive-in restaurants;
f. Major amusement facilities such as golf ranges, ice and roller-skating rinks, swimming pools and theaters;
g. Bowling alleys;
h. Municipal facilities deemed necessary and appropriate by the governing body of the City of Ocean City;
i. Laundry, cleaning and garment services;
j. Personal service shops, such as photographic studios, barber and beauty shops;
k. Shoe repair shops;
l. Miscellaneous repair services including electrical; watch, clock and jewelry and upholstery and furniture;
**Webmasters Note: The previous sections, 25-204.26 through 25-205.2.2.l, have been amended as per Supplement No. 2.
m. Animal hospitals in conjunction with veterinarians;
n. Grocery, meat and fish, fruit and vegetable, produce markets, bakeries and other food stores.
o. Car washes;
p. Lumber yards, paint, glass and wallpaper stores, hardware stores and retail nurseries, lawn and garden supply stores;
q. New or used car lots;
r. General and refrigerated warehousing and storage, and furniture and household goods warehousing;
s. Shopping centers comprised of two (2) or more uses permitted in paragraphs a, b, c, e, i, j, k, l and n, above;
u. Essential services. (Ord. #02-19; Ord. #03-22, §1)
25-205.2.3 Conditional Uses.
a. Churches;
b. Private and quasi-public recreational, philanthropic and eleemosynary uses;
c. Filling stations;
d. Automobile repair garages, auto body repair shops;
e. Funeral homes;
f. Senior citizen housing. (Ord. #02-19; Ord. #03-22, §1)
25-205.2.4 Permitted Accessory Uses.
a. Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed, provided that said manufacturing use shall not produce beyond its property boundaries any excessive noise, fumes, noxious odors or other nuisances;
b. Fences;
c. Signs; and
d. Parking lots. (Ord. #02-19; Ord. #03-22, § 1)
25-205.2.5 Bulk Requirements.
Building height, habitable stories, lot area, lot width, side yard, maximum building coverage, maximum impervious surface coverage shall be in accordance with Schedules A, B, C and the Height Limits Map. (Ord. #02-19; Ord. #03-22, § 1)
25-205.2.6 Front Yard.
A front yard shall be required on. every lot in accordance with Schedule A, Schedule of Zoning Regulations.
Car sales operations shall in no case place any vehicle offered for sale nor any light standard within fifteen feet (15') of the front property line. (Ord. #02-19; Ord. #03-22, §1)
25-205.2.7 Off-Street Parking.
Off-street parking shall be provided as required by Section 25-300.12 of this Ordinance. (Ord. #03-22, § 1)
25-205.2.8 Signs.
In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19; Ord. #03-22, § 1)
