§ 107-1. Purpose.

1. To promote the health, safety, morals, and the general welfare of the community by regulating and restricting the height, number of stories and size of buildings and other structures; the percentage of a lot that may be occupied; the size of lots, yards, courts and other open spaces; and the location and use of buildings, structures and land for trade, industry, residence and other purposes.
2. To provide for adequate light and air.
3. To prevent congestion and undue crowding of land.
4. To secure safety from fire, panic and other dangers.
5. To conserve the value of property.
6. To provide adequately for schools, parks and other public requirements and for other purposes.

§ 107-2. Territory affected.

This chapter shall apply to all lands, buildings and properties lying within the corporate boundaries of Berlin, Maryland.

§ 107-3. Interpretation of provisions.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements not intended to prohibit the use or application of higher standards, but where this chapter imposes a greater restriction than is imposed or required by other provisions of the law or by other rules, regulations or ordinances or by private restrictions, the provisions of this chapter shall control, unless a use is expressly permitted in a zone or unless permitted by the Board of Zoning Appeals.

§ 107-4. Word usage.

In the interpretation and construction of this chapter, certain words and phases shall be understood to have particular or limited meanings as herein defined, except where the context otherwise requires. In general, the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "used" shall include arranged, design, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.

§ 107-5. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING — A structure subordinate to an existing principal building on the same lot and serving a purpose customarily incidental to the use of the principal building or land use.

ACCESSORY LIVING QUARTERS — An accessory building used solely as the temporary dwelling of guests of the occupants of an existing principal use; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

ACCESSORY USE — A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with such primary use.

AGRICULTURE — The use of land for agricultural purposes, including field cropping, pasturing, aquaculture, horticulture, floriculture, viticulture, forestry, tree farming and the necessary accessory uses for packing, treatment or storing the produce thereof; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities and provided further that the above uses shall not include the business of keeping poultry or garbage feeding of hogs or other animals, or fur farms, or the raising of such animals as rats, mice, monkeys, reptiles and the like.

ALLEY — A public or private way affording secondary means of access to abutting property, having a width more than 10 feet, but less than 16 feet in width, which has been dedicated or deeded to the public for public use.

BASEMENT — A story where the floor is more than 12 inches but not more than 1/2 of its story height below the average level of the adjoining ground.

BED-AND-BREAKFAST — A dwelling or part thereof, where meals and/or lodging is provided for compensation for transient persons and designed for or used exclusively as the primary residence of one family.

BILLBOARDS AND SIGNS

1. BILLBOARD — Any off-premise structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for commercial advertising purposes other than the name and occupation of the user of such premises or the nature of the business conducted thereon or the principal products sold or manufactured thereon.
2. COMBINATION SIGN — A sign incorporating any combination of the features of pole, projecting, wall and roof signs.
3. DISPLAY SURFACE — The area made available by the sign structure for the purpose of displaying the advertising message.
4. ELECTRIC SIGN — Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.
5. GROUND SIGN — A billboard or similar type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign or pole sign, as defined by this chapter.
6. MARQUEE — A permanent roofed structure attached to and supported by the building and projecting over public or private property.
7. POLE SIGN — A sign wholly supported by a sign structure in the ground.
8. PORTABLE DISPLAY SURFACE — A display surface temporarily fixed to a standardized advertising structure, which is regularly moved from structure to structure.
9. PROJECTING SIGN — A sign other than a wall sign which, projects from and is supported by a wall of a building or structure.
10. REAL ESTATE SIGN — A sign advertising for sale or rent the premises on which it is located.
11. ROOF SIGN — A sign erected upon or above a roof or parapet of a building or structure.
12. SIDEWALK SIGN — An accordion type sign which may be placed on the sidewalk displaying only the name and nature of the business.
13. SIGN — Any sign, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint on the surface of a building.
14. SIGN STRUCTURE — Any structure, which supports or is capable of supporting a sign as defined by this chapter.
15. TEMPORARY SIGN — Any sign, banner, pendant valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time.
16. WALL SIGN — Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.

BOARD — The Board of Appeals established hereunder. BOARDINGHOUSE — A dwelling containing not more than 6 guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for persons not in transients.

BUILDING — Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or chattels, and any tent, cabin or mobile house. When such a structure in single ownership is divided by one or more unpierced walls extending from ground up, it shall be considered one building for the purpose of applying the provisions of this chapter.

BUILDING, HEIGHT OF — The vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

CELLAR — A story having more than 1/2 of its height below average finished grade. A cellar is counted as a story for the purpose of height regulations only if used as a separate dwelling.

CONDITIONAL USE — A use which may be permitted in a district through the granting by the Board of Appeals of a special exception as defined in § 1.00 of Article 66B of the Annotated Code of Maryland, as amended upon a finding by the Board that it meets specified conditions.

CONSTRUCTION, START OF — The combining of labor and material into any portion of the structure on the site thereof.

COURT — An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

DAY-CARE CENTER — A nursery school or child-care facility providing adult supervision and care for not fewer than 5 persons not members of the caregiver's family in the caregiver's home or in a building outside of the home.

DAY-CARE, RESIDENTIAL — A dwelling unit in which daytime adult supervision is provided for up to six children not members of caregiver's family under the age of 16 and in which the dwelling is the primary residence of the caregiver.

DISTRICT — A designated geographical area of the municipality within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter. The term "R District" shall mean any R-1, R-2, R-3 and R-4 District; the term "B District" shall mean any B-1, B-2, and B-3 District; the term "M District" shall mean any M-1 and M1-A District; the term "H District" shall mean any H 1 District.

DOMICILIARY CARE UNIT — Any institution, which admits four or more non-related aged or disabled persons, maintains the necessary facilities and provides a protective institutional or home-type environment to persons of advanced age or mental or physical disability. This shall not include "limited dwellings."

1. DWELLING, SINGLE-FAMILY — A detached building designed for or used exclusively for residence purposes by one family or housekeeping unit.
2. DWELLING, TWO-FAMILY — A detached building designed for or used exclusively for residential purposes by not more than two families or housekeeping units.
3. DWELLING, MULTIFAMILY — A detached building designed for or used exclusively for residence purposes by more than two families or housekeeping units.
4. DWELLING, TOWNHOUSE — A single-family attached dwelling unit with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced party walls in common with an adjoining dwelling and having yards on at least two sides.
5. DWELLING, LIMITED — A dwelling unit consisting of no more than two rooms, exclusive of bath facilities, designed or intended for retirement living or temporary assisted living, including nursing homes, assisted living facilities and retirement housing having shared dining and recreational facilities.

ESSENTIAL SERVICES — Facilities owned or maintained by public utility companies or public agencies, located in public ways or in easements provided for the purpose or on a customer's premises and not requiring a private right-of-way, and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication or similar services to adjacent customers, but not including any building or any yard, station or facility requiring a site in excess of 400 square feet and not including any cross-country pipeline or transmission line on towers or any line requiring a private right-of-way.

FAMILY — A person living alone or two or more persons living together as a single housekeeping unit, but not including a group of persons occupying a boardinghouse, lodging house, hotel, dormitory or institution.

FARM — A parcel of land not less than five acres in size used for agricultural purposes as defined herein.

FENCE — A fixed structure designed to define a designated area or property.

FLAG LOT — A polygonal-shaped lot that has the appearance of a flag with staff or panhandle in which the handle or staff is used as the point to a street or road. The term "flag lot" and "panhandle" are synonymous. [Added 7-25-2005 by Ord. No. 2005-5]

GARAGE, PRIVATE — a garage intended for and used for the storage of the private motor vehicles of the families resident upon the premises.

GARAGE, PUBLIC — A space or structure other than a private garage for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.

HOME OCCUPATION — A business conducted in a dwelling or a single accessory building and in accordance with the provisions of § 107-51.

JUNKYARD — Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, parked, stored, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building and not including pawnshops and establishments for sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged materials as a part of manufacturing operations.

LAND USE PLAN — The long-range plan for desirable use of land, as officially adopted and as amended from time to time by the Planning Commission, the purpose of such plan being, among other purposes, to serve as a guide in zoning and progressive changes in the zoning of land to meet changing community needs, in the subdividing and use of undeveloped land and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools and public buildings.

1. LOT, CORNER — A lot abutting upon two or more streets at their intersection or upon two parts of the same street and, in either case, forming an interior angle of less than 135°.
2. LOT, THROUGH — A lot having frontage on two nonintersecting streets as distinguished from a corner lot.

LOT DEPTH — The mean horizontal distance between the front and rear lot lines. LOT LINE, FRONT — The line separating the lot from the street right-of-way upon which it fronts. LOT LINE, REAR — The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE — Any lot line other than the front or rear lot line.

LOT LINE, STREET OR ALLEY — Any lot line separating the lot from a street or alley.

LOT WIDTH — The width of the lot measured at right angles to its center line at the front setback line.

MOTEL OR HOTEL — Any establishment consisting of two or more guest rooms or suites, with separate outside entrances and adjacent parking spaces, designed and maintained for the accommodation of transients; or any establishment for the accommodation of transients which proclaims itself a "motel."

NONCOMBUSTIBLE — As applied to building construction material means a material which, in the form in which it is used, is either one of the following:

1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to specifications in the Building Code in effect in the Town and other applicable codes shall be considered noncombustible.
2. Material having a structural base of noncombustible material as defined in Subsection A above, with a surfacing material not over 1/8 inch thick, which has a flame-spread rating of 50 or less.

NONCONFORMING USE — An existing building, structure or premises legally devoted to or occupied by or for a use that does not conform to the use provisions of this chapter, or amendments thereto, for the district in which it is located.

OPEN SPACE — The area of a lot or parcel unoccupied by principal or accessory structures, streets, driveways or parking areas, but including areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees.

PARKING LOT, COMMERCIAL — A surfaced area of one or more parking spaces designed or used for the parking of vehicles and available to the public whether for a fee or as an accommodation to clients or customers.

PARKING SPACE — A surfaced area either within a structure or in the open, exclusive of driveways or access drives, for the parking of one vehicle.

PLANNED UNIT DEVELOPMENT (PUD) — A residential and/or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, which may be waived or varied by the Planning Commission to allow flexibility and creativity in site and building design and location in accordance with general guidelines.

PLANNING COMMISSION — The Berlin Planning Commission.

ROADSIDE STAND — A structure designed or used for the display or sale of neighborhood agricultural products or goods produced on the premises upon which a stand is located.

SETBACK LINE — The minimum building line along the front or rear of a lot, or along the side of a corner lot adjoining the side street, as determined by the yard requirements of this chapter or of any superior regulation.

SEWAGE DISPOSAL PLANT — A plant or lagoon for the treatment of sewage, which serves the municipality or any group of properties, as distinguished from a private septic tank or package treatment plant which is accessory to and located on the same premises with a principal use.

STABLE, PRIVATE — A stable with a capacity of not more than two animals.

STORY — That portion of a building, other than a cellar as defined herein, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the ceiling next above it.

1. STORY, GROUND — The lowest story, or ground story, or first story of any building, the floor of which is not more than 3 1/2 feet below the average contact ground level at the exterior walls of the building, except that any basement used as a separate dwelling by other than a janitor or caretaker or his family shall be deemed a ground or first story.
2. STORY, HALF — A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a separate dwelling, other than for a janitor or caretaker and his family, shall be deemed a full story.

STREET — A public right-of-way 50 feet or more in width which provides a means of public access to abutting property, or any such public or private right-of-way not less than 30 feet in width which existed prior to the enactment of this chapter. The term "street" shall include road, avenue, drive, lane, circle, square, court, highway, beach, way or similar term.

STREET LINE — The right-of-way or property line.

STREET, MAJOR — A street or highway designated as a major street or expressway on the official Major Street Plan of Berlin.

STRUCTURAL ALTERATION — Any change in the structural members of a building, such as bearing walls columns, beams or girders or as may be defined by the Building Code in effect in the Town of Berlin.

STRUCTURE — Anything constructed, the use of which requires a fixed location on the ground or is attached to something having such location, but not including sidewalks, driveways, curbs or essential services defined herein.

TRAILER — Any vehicle or structure constructed in such a manner as to provide sleeping and cooking facilities or the conduct of any business, trade or occupation, or use as a selling or advertising device, and so designed that it is or may be mounted on wheels and transported over highways and streets, propelled or drawn by its own or other power.

TRAILER PARK — Any park, tourist park, camp court, site, lot, parcel or tract of land which is designed, maintained or intended for the purpose of supplying a location or accommodation for two or more trailers for living purposes or upon which two or more trailers are parked or mounted for living purposes.

USE FIRST PERMITTED — A use, which in the sequence of successively listed zoning districts, occurs as a permitted use for the first time in a special zoning district.

1. FRONT YARD, LEAST WIDTH — The shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 107-59, and the front lot line.

YARD, REAR — An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article VII.

1. REAR YARD, LEAST DEPTH — The shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 107-59, and the rear lot line.

YARD SALE — The temporary display and sale of personal property along any public or approved private road.

YARD, SIDE — An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as herein specified in Article VII.

1. SIDE YARD, LEAST WIDTH — The shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 107-59, and the nearest side lot line.

ZONING CERTIFICATE — A written statement issued by the Zoning Inspector authorizing the use and occupancy of buildings, structures, or premises consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

ZONING INSPECTOR — The Zoning Inspector or an authorized representative, appointed in accordance with the provisions of Article VIII.

ZONING MAP — The Zoning Map of the Town of Berlin, Maryland, dated April 5, 1966, together with all amendments, thereto subsequently adopted.

§ 107-6. Districts established.

For the purpose of this chapter, the incorporated territory of Berlin is hereby divided into the following districts:

§ 107-7. Zoning Map.

The boundaries of the districts are hereby established as shown on the Zoning Map of the Town of Berlin, Maryland, which map together with all notations, references and other matters thereon shall be and hereby made a part of this chapter. Said Zoning Map, properly attested, shall be and remain on file in the office of the Zoning Inspector.

1. Except where referenced on the Zoning Map to a street line or other designated line by dimensions shown on the Map, the district boundary lines are intended to follow property lines, lot lines or the center lines of the streets, alleys, railroads, small streams or other identifiable landmarks as they existed at the time of the adoption of this chapter, but where a district line obviously does not coincide with the property line, lot lines or such center lines, or where it is not designated by dimensions, it shall be deemed to be 200 feet back from the nearest street line in case it is drawn parallel with a street line, or its location shall be determined by scaling in other cases.
2. Where a district boundary line, as established in this article or as shown on the Zoning Map, divides a lot which was in single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 50 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.
3. Questions concerning the exact location of district boundary lines shall be determined by the Board of Appeals, as provided in § 107-69B and in accordance with rules and regulations which it may adopt.

§ 107-9. Extensions of district boundaries.

Whenever any street, alley or other public way is abandoned by official action as provided by law, the zoning districts adjoining the sides of such public way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way of the public way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.

§ 107-10. Classification of territory not included within specific districts.

In case any territory has not been specifically included within a district, or where territory becomes a part of the incorporated area of Berlin by annexation or otherwise, such territory shall automatically be classified in the R-1 District until otherwise classified.

§ 107-11. Conformance required.

Except as hereinafter specified, no land, building, structure or premises shall hereinafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered, except in conformity with the regulations herein specified for the district in which it is located.

§ 107-12. Continuation of existing uses.

Except as provided in § 107-13, any lawful use, building or structure existing at the time of the enactment of this chapter, (including a seasonal use) may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

§ 107-13. Nonconforming uses.

1. Substitution.

1. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.
2. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted use.
3. When authorized by the Board of Appeals according to the provisions of § 107-69E(1), a nonconforming use of land may be changed to another nonconforming use, or a nonconforming use of a building may be changed to one of a less restricted classification.

2. Discontinuance.

1. No building, structure or premises where a nonconforming use has ceased for one year or more or where the nonconforming use has ceased and changed ownership shall again be put to a nonconforming use.
2. All nonconforming uses of land not involving any building or structure having an assessed value for tax purposes of more than $2,000 at the time of becoming nonconforming, must comply within one year of becoming nonconforming.

3. Extensions.

1. A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on adjoining premises on the date such building became nonconforming, and provided that the floor areas of such additions and extensions shall not exceed, in aggregate, 35% of floor area of the existing building devoted to a nonconforming use. Any other extension of a nonconforming building or use of land shall be subject to the Board of Appeals approval as provided in § 107-69E. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of § 107-13B.
2. A non conforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this chapter, provided that no structural alterations are made except as required by law.
3. Any dwelling lawfully existing at the time of enactment of this chapter, not located on a lot having frontage on a street as required herein, may be continued and may be enlarged, without increasing the number of dwelling units therein, provided that no such addition shall extend closer to the street than the setback line for the existing building.

4. Replacing damaged buildings. Any nonconforming building or structure, or group of related buildings comprising one enterprise or establishment and under one ownership, which may become damaged more than 60% of its then fair market value, exclusive of the foundation, by accidental fire, flood, explosion, war, riot or act of God, shall not be restored or reconstructed and used as before such happenings, but if less than 60% damaged it may be restored or reconstructed and used as before, provided that this is done within one year.

§ 107-14. Unsafe buildings.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by proper authority.

§ 107-15. Effect on pending applications for zoning certificates.

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required zoning certificates have been granted before the enactment of this chapter, the construction for which conformably with such plans shall have been started within six months after the effective date of this chapter and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

§ 107-16. Lot requirements.

1. Every building or group of related buildings shall be located on a lot, as herein defined, having at least the area, width, lot area per family and yards herein prescribed for the district in which such building is located.
2. No lot shall be used for dwelling purposes which does not abut for at least 40 feet on a street, as herein defined, except as provided in § 107-54.
3. Not more than one dwelling structure shall be located on a lot as herein defined, except as provided for in §§ 107-36 and 107-37.

1. No accessory building shall be located in any required court or in any yard other than a rear yard except as provided hereinafter. Accessory buildings shall be distant at least six feet from alley lines and from any other building on the same lot and at least six feet from lot lines of adjoining lots, which are in any R District.
2. Accessory buildings, except stables, may be erected as a part of the principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided that all yard requirements for a principal building are complied with.
3. In any R District, where a corner lot adjoins in the rear a lot fronting on the side street and located in an R District, no part of any accessory building on such corner lot shall be nearer the side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot; and in no case shall any part of such accessory building be nearer to the common lot line than the least width of a side yard required for the principal building.

§ 107-18. Reduction of required yard.

No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter, and if already less than the minimum required, said yard or open space shall not be further reduced. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be considered as part of a yard or other open space required under this chapter for any other building or structure.

§ 107-19. Off-street parking and loading.

In every district, spaces for off-street parking and for loading or unloading of vehicles shall be provided in accordance with the requirements in Article VI. Off-street parking and loading areas may occupy all or part of any required yard or open space except as specified in §§ 107-45 and 107-46.

§ 107-20. Transitional uses.

In any R-1 or R-2 District, a transitional use shall be permitted on a lot, which adjoins either directly or across an alley, a B or M District. The permitted transitional uses for any such lot shall be of any use permitted in the R-3 District. In such case, the requirements governing lot area per family, off street parking, yards and other open spaces shall be the same as in an R-3 District. Any transitional use shall not extend more than 75 feet from the district boundary line.

§ 107-21. Measurement of front yard depth.

Each front yard depth or setback specified herein shall be measured at right angles (or radial) from the nearest street right-of-way line, except that where the right-of-way of any existing street is less than 40 feet wide in the case of a minor street, or less than 60 feet wide in the case of a major street, the front yard or setback shall be measured from a line 25 feet or 30 feet, as the case may be, from the center line of the street. The foregoing rules shall apply also to the measurement of a side yard on the street side of a corner lot.

§ 107-22. Court requirements.

Where a court is provided in any building other than a single-family dwelling, for the purpose of furnishing light and air to rooms in which persons are to live, sleep or work, except storage rooms, such court shall comply with the regulations as specified in the Building Code, in effect in the Town of Berlin, Maryland, and all amendments, as may be adopted by the Mayor and Council.

§ 107-23. Yard requirements along zoning boundary lines.

Along any zoning line, on a lot adjoining such boundary line in the less restricted district, any abutting front yard, side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width or depth equal to the average of the required minimum widths or depths for such yards or courts in the two districts on either side of such zoning boundary line. In case the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum width or depth of the yard or court for such structure shall be determined by increasing the minimum width or depth required for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in said more restricted district.

§ 107-24. Traffic visibility across corner lots.

In any district on any corner lot, no fence, structure or planting that would interfere with traffic visibility, as determined by the Zoning Inspector, across the corner shall be erected or maintained within 25 feet of the intersection of the street lines.

§ 107-25. Conversion of dwellings.

The conversion of a building into a dwelling or the conversion of a dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district.

§ 107-26. Essential services exempted.

Essential services, as defined in § 107-5, shall be permitted in any district, as authorized and regulated by law and ordinances, it being the intention hereof to exempt such essential services from the application of this chapter.

§ 107-27. Distance requirement.

All uses, buildings or premises for which compliance with the distance requirement in this section is stipulated elsewhere in this chapter shall be distant at least 200 feet from any lot in any R District.

§ 107-28. Temporary buildings.

Temporary buildings and structures, including trailers, for uses incidental to construction work on the premises shall be permitted in any district where such construction is being done by a responsible contractor or builder under a contract having a definite completion date and on condition that such temporary buildings and structures shall be removed upon the completion or discontinuance of construction.

1. The moving of all buildings, structures and dwellings from one location to another within the municipality, or the moving of buildings from outside the municipality to a location within the municipality or from within the municipality to a location outside the municipality, is permitted only as a special exception to this chapter, as herein provided in Article IX, and shall require site plan review in accordance with § 107-61 of this chapter.
2. Notice of special house moving exceptions shall comply as provided in Article IX, § 107-68D. In addition, all adjacent property owners shall be notified by regular mail.

§ 107-30. Townhouse and multifamily developments.

1. Townhouse buildings.

1. Townhouse buildings shall consist of a group of not less than three and not more than six townhouse dwellings attached to each other by party walls. No more than two adjacent townhouse dwellings in any townhouse building shall have the same back and front setback line. The minimum variation of front and back setback lines shall be four feet.
2. The minimum building width shall be 18 feet for each dwelling.
3. Minimum horizontal distances.

1. The minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls shall be as follows:

1. Where two facing walls both contain a window or windows, not less than 35 feet.
2. Between two facing walls only one of which contains a window or windows, not less than 30.
3. Between two facing walls neither of which contains a window or windows, not less than 25 feet.

2. Facing walls are walls opposite to and parallel with one another and/or any opposite walls whose lines, if extended, would intersect at angles of less than 65°.

4. Maximum height shall not exceed two stories or 30 feet, except that the basement floor of any dwelling may open to grade at the rear only.

2. Multifamily buildings.

1. Multifamily buildings shall consist of a group of not more than 12 dwelling units.
2. No building shall have any wall greater than 100 feet in horizontal length and shall be separated by at least 25 feet from other buildings on the lot.
3. The provisions of § 107-30A(3), relating to minimum horizontal distances between facing walls, shall also apply to multifamily developments.

3. All townhouse and multifamily developments shall provide sidewalks, curbs, and gutters in accordance with the specifications.

§ 107-31. Open space areas and landscaping.

Open space and landscaping shall be provided in accordance with the following:

1. Amount of open space. All nonresidential uses, townhouse and multifamily developments and single-family subdivisions involving three or more dwelling units or lots shall provide open space (see definition of "open space" in § 107-5) in accordance with the following table:

<>Zoning District	Minimum Percentage of Lot Area Required in Open Space
R-1	40%
R-2	35%
R-3	30%
R-4	30%
B-1	10%
B-2	15%
B-3	15%
M-1	25%
M-1A	25%

§ 107-32. Common areas in multifamily-unit developments.

In multifamily-unit developments, at least 500 square feet per unit, with a minimum of 5,000 square feet, of the open space per project shall be devoted to usable common area open space. Common area open space may include such areas as playgrounds and landscaped or seating areas. Common open space areas shall be improved by grading, seeding, landscaping and the installation of benches, playground equipment, landscape features or the like as shown on the approved site plan. Such improvements shall be provided and maintained at the sole expense of the developer, subdivision owner or bona-fide community association.

1. Purpose. The purpose of this section is to enhance, maintain, preserve and improve the appearance of the open space, vehicular use areas and property abutting public rights-of-way; to require buffering between noncompliant land uses; to protect, preserve and promote the aesthetic appeal, scenic beauty, character and value of the Town of Berlin, and to promote public health and safety through the reduction of noise pollution, stormwater runoff, air pollution, visual pollution, and artificial light glare.
2. Landscaping plan. A landscaping plan shall be submitted for all nonresidential uses, townhouse and multifamily developments and single-family subdivisions with three or more dwelling units for review and approval prior to final plat or site plan approval.
3. Landscaping criteria. Landscape plans shall be in accordance with landscape criteria adopted by the Planning Commission.
4. Landscaping to be installed. Landscaping must be installed and maintained in accordance with the approved landscape plan.
5. Installation of landscaping; bond. Installation of landscaping shall be complete or bonded in the same manner in which other site improvements are required to be installed or bonded prior to the approval of the subdivision plat or issuance of a zoning certificate or other approval.
6. Maintenance bond. The Planning Commission shall require a maintenance and replacement bond for required landscaping for a period not to exceed two years and in an amount not to exceed 100% of the installation cost.

ARTICLE V
District Regulations

107-34. R-1 Residence District.

1. Principal permitted uses:

1. Single-family dwellings.
2. *Churches and parish houses.
3. *Schools and colleges for academic instruction.
4. Agriculture, grazing and the usual agricultural buildings and structures, but not including chicken farms, hog farms or fur farms, provided that any heating plant, horse barn, cow barn, feeding pen or other building in which farm animals are kept shall comply with the distance requirement in § 107-27.
5. Silvaculture.
6. *Publicly owned buildings and properties of an administrative or public service type but not including such uses as storage yards, warehouses or garages.
7. *Publicly owned areas and buildings, such as parks playground, community centers, and buildings or properties of a cultural or conservative nature.
8. Residential day care, provided that there is established and maintained in connection therewith a completely fenced and screened play lot of adequate size located at least 15 feet from any residential lot line.

2. Conditional uses requiring Board authorization in accordance with §§ 107-69 and 107-70 of this chapter and site plan review pursuant to § 107-61:

1. Country clubs, public and private golf courses, swimming clubs and other social and recreational clubs and facilities for private noncommercial use, provided that any such establishment shall have an area of at least three acres and every principal building or swimming pool shall comply with 1/2 the distance requirement in § 107-27.
2. Public utility structures and properties other than essential services defined in § 107-5, but not including production, construction, maintenance or storage buildings or yards.
3. Cross-country electric transmission or communication line, cables or towers; oil, gas, water, sewer, or other pipelines; railroad lines; or any other utility located on a private right-of-way.
4. The new construction of a dwelling or the conversion of an existing dwelling as of the effective date hereof into a bed-and-breakfast facility, which shall be a single-family owner-occupied dwelling in which overnight sleeping rooms are rented on a short-term basis to transients subject to the following restrictions:

1. No bed-and-breakfast facility shall contain more than four guest sleeping rooms.
2. Only designated rooms shall be used for sleeping.
3. A minimum of one full bathroom with lavatory, toilet and shower or tub or combination thereof shall be available for every two guest rooms as well as one for the owner-occupant.
4. No guestroom shall contain more than two beds.
5. On-site off-street parking in the rear or side yard in accordance with the code shall be provided at the rate of one space per guestroom and two spaces for the owner-occupant.
6. No cooking facilities shall be permitted in any guestroom.
7. Upon conversion of an existing dwelling to a bed-and-breakfast facility no additional entrance shall be permitted in the front facade.
8. No guest shall be permitted in a bed-and-breakfast facility for more than 10 consecutive nights.
9. No more than four persons shall simultaneously occupy any one guest room in a bed-and-breakfast facility.
10. There shall be no more than two nonresident employees in or about the bed-and-breakfast facility.
11. There may be only one on-premises advertising sign, which shall not exceed more than four square feet. The sign shall not be self-illuminated.
12. Breakfast only shall be served only to overnight guest.

5. Day-care centers.

3. Accessory uses: accessory buildings and uses customarily incidental to any principal use or authorized conditional use, including:

1. Private garages, parking areas, stables, swimming pools and other customary outbuildings and structures, provided that any stable shall comply with 1/2 the distance requirement in § 107-27.
2. Temporary real estate signs complying with the regulations in § 107-50.
3. Identification signs complying with the regulations in § 107-50.
4. Security signs not exceeding two square feet.
5. One bulletin board or sign for any permitted church, school or other public or semipublic institution not exceeding 32 square feet in size, which sign may be indirectly lighted.
6. Customary home occupations, provided that the home occupation is clearly and obviously subordinate to the principal use of a residential use. Home occupations shall be conducted wholly within the primary structure or an existing accessory building on the premises and pursuant to § 107-51 of this chapter.
7. The keeping of not more than one roomer or border by a resident family.
8. An accessory living quarters as defined pursuant to § 107-5 of this chapter.
9. Yard sales, provided that the personal property shall be removed 12 hours after the yard sale. a. Any item remaining on site for more than two days shall be declared a nuisance.

4. Height regulations. No principal structure or part thereof, except as provided in § 107-55, shall exceed 2 1/2 stories or 30 feet in height, and no accessory structure shall exceed 1 1/2 stories or 25 feet in height.
5. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements in Article VII:

				Side Yard Width
Use	<>Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Lot Areaper Family (square feet)	Front Yard Depth1 (feet)	Least Width (feet)	Sum of Widths (feet)	Rear Yard Depth(feet)
Dwelling	10,000	80	10,000	25	10	25	35
Churches*	2 acres	200	—	35	25	50	40
Schools*	5 acres	400	—	35	35	80	50
Day-care centers*	40,000	100	—	35	15	—	40
Public utility uses3,*	10,000	80	—	35	25	50	40
Other permitted uses*	40,000	100	—	35	252	502	402

§ 107-35. R-2 Residence District.

1. Principal permitted uses.

1. Any principal use or structure permitted and as regulated in the R-1 District, except as herein after modified.

2. Conditional uses requiring Board authorization in accordance with §§ 107-69 and 107-70 of this chapter:

1. Any conditional use permitted and as regulated in the R-1 District, except as hereinafter modified.
2. As a condition of subdivision approval, established side yards of less than otherwise required but in no event less than six feet shall be approved by the Planning Commission.
3. As a condition of a subdivision approval an established road right-of-way less than otherwise required, but in no event less than 40 feet, shall be approved by the Planning Commission.

3. Height requirements shall be the same as the R-1 District.
4. Lot area and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements in Article VII.

§ 107-36. R-3 Apartment District.

1. Principal permitted uses:

1. Any principal use or structure permitted and as regulated in the R-2 District, and as hereinafter modified.

2. Conditional uses requiring Board authorization in accordance with §§ 107-69 and 107-70 and site plan review pursuant to § 107-61 of this chapter:

1. Any conditional use permitted and as regulated in the R-2 District, except as hereinafter modified.
2. Clubs, fraternities, lodges and meeting places of similar organizations, not including any use that is customarily conducted as a gainful business or where liquor is sold, provided that buildings in which such meeting places are housed shall be located at least 20 feet from any other lot in any R District.
3. Limited dwellings.
4. Two-family dwellings.
5. Townhouse dwellings.
6. Multifamily dwellings.
7. Conversion of a building into dwellings in accordance with the provisions of § 107-25.
8. Banks, building and loan associations, trust companies and financial and lending institutions.
9. Churches.
10. Schools.
11. Boarding and lodging houses.

3. Accessory uses:

1. Accessory uses and structures permitted and as regulated in the R-2 District, except as hereinafter modified.
2. One exterior sign identifying only the name of each place and the uses conducted therein, which sign shall be integral with or attached to the building without projecting more than 12 inches and shall not be lighted. No such sign shall exceed one square foot in area for each 10 linear feet of horizontal wall on which it is placed, nor shall it project above the roofline.
3. Other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any permitted principal or conditional use.

4. Height regulations. No principal structure shall exceed three stories or 50 feet in height, and no accessory structure shall exceed 1 1/2 stories or 25 feet in height, except as provided in § 107-55.
5. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements in Article VII:

Use	Minimum Lot Area (square feet)		Mini- mum Lot Width (feet)	Lot Area per Family (square feet)	Front Yard Depth1 (feet)	Least Width (feet)	Sum of Widths (feet)	RearYardDepth(feet)
All dwellings	6,000		60	6,000	25	10% (minimum 6)	25% (mini-mum 15)	35
LimitedDwellings	5,000		50	2,000	25	—	—	25
Publicutilities	5,000		50	—	25	6	15	35
Other permitteduses	Same as specified in R-2 District
Churches	2 acres	200		—	35	25	50	40
Schools	5 acres	200		—	35	25	50	40
Boarding and lodging houses	12,000	80		2000	25	8	20	35

NOTES: For narrow streets, see § 107-21; for built-up frontage, see § 107-57.

§ 107-37. R-4 Residence District. [Amended 7-25-2005 by Ord. No. 2005-8]

The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the R-4 Residence District. All principal permitted uses and conditional uses shall require site plan review in accordance with § 107-61 of this chapter.

1. Principal permitted uses.

1. Any principal use or structure permitted and as regulated in the R-3 District, except as herein modified.
2. Any conditional use permitted and as regulated in the R-3 Districts, except as hereinafter modified.
3. Two-family dwellings.
4. Townhouse dwellings.
5. Multifamily developments.
6. As a condition of a subdivision approval, established side yards of less than otherwise required, but in no event less than five feet, provided that it is approved by the Planning Commission.
7. As a condition of a subdivision approval, an established street right-of-way, less than otherwise required, but in no event less than 30 feet, provided that it is approved by the Planning Commission.2

2. Accessory uses.

1. Accessory uses and structures permitted and as regulated in the R-3 District, except as hereinafter modified.
2. Other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any permitted principal or conditional use.

3. Height regulations shall be as specified in the R-3 District.
4. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the requirements in Article VII:

				Side Yard Width
Use	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Lot Area per Family (square feet)	Front Yard Depth1 (feet)	Least Width (feet)	Sum of Widths (feet)	RearYardDepth(feet)
All dwellings	5,000	50	5,000	25	6	15	35
Publicutilities	5,000	50	—	25	6	15	35
Otherpermitted uses	Same as specified in R-3 District

NOTES: For narrow streets, see § 107-21; for built-up frontage, see § 107-57.

§ 107-38. B-1 Town Center District.

1. Principal permitted uses.

1. Hotels and motels subject to § 107-48.
2. Bed-and-breakfast subject to § 107-34B.
3. Any community retail business or service establishment, such as a food, drug, clothing, hardware, accessory, variety, hair salons, a beauty shop, florist or specialty shops, shoe repair shop, laundromat and dry-cleaning facilities, banks, funeral homes professional offices, a real estate offices or insurance offices or the like, supplying commodities or performing services primarily for residents and visitors of the Town.
4. Restaurants, cafes (to include outdoor dinning), pubs, and confectioneries.
5. Antique or gift shops.
6. Automobile service stations, light repair and storage garages and commercial parking lots for passenger vehicles, subject to provisions in § 107-47 and provided that all motor tuning or testing or other noisy activities are conducted within enclosed buildings.
7. Theaters, opera houses, live entertainment venues.
8. Furniture stores, interior decorating shops, provided that all principal buildings and workshops and all paint storage are located at least 50 feet from any lot in an R District.
9. Warehousing for products and goods sold on the premises, provided that the first 30 feet of any warehouse fronting Main Street be used for the sale of the goods produced or stored.
10. Boarding and lodging houses.
11. Any other retail business or service establishment which is determined by the Board of Zoning Appeals to be of the same general character as those specified herein, but not including any use prohibited herein or of a class first permitted in a B-2, B-3 or M District.

2. Accessory uses:

1. Accessory buildings and uses customarily incidental to any permitted principal use, and not otherwise prohibited.
2. Exterior signs pertaining only to the uses conducted on premises. Such signs shall be integral with or attached to the building; or if any such building is more than 25 feet back from the street line, a freestanding sign located at the street right-of-way line shall be permitted. No such sign shall project over any street line unless attached to a marquee or canopy no more than three feet above a parapet wall or roof line if mounted on the building, nor shall it exceed 25 feet in total height if free standing. The area of all such signs on the premises shall not exceed in aggregate one square foot for each linear foot of building frontage. Where the lot adjoins an R District, any exterior sign 50 feet thereof shall be attached flat against the front of the building. Other requirements pursuant to § 107-50 shall apply to signs in a B-1 District.
3. The manufacturing, processing or treatment of goods for sale primarily at retail on the premises or the cleaning, laundering, repairing or other treatment of objects as a retail service to customers on the premises, in which operations not more than three persons shall be engaged at any one time.

3. Required conditions.

1. All business and processing, except as stipulated, shall be conducted wholly within completely enclosed buildings, except for the sale of automotive fuels, lubricants and incidental services at service stations, and the parking or loading of vehicles, unless authorized as an exception by the Board of Appeals.
2. Where a B-1 District fronts directly across the street or abuts a lot line from any R District, the parking and loading facilities shall be set back at least 25 feet from the street line or lot line, and the intervening space shall be landscaped. All buildings in such cases shall be set back at least 15 feet.
3. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.
4. No lighting other than minimum protective night lighting shall remain on after business hours. All lighting shall be shaded so as to direct the light away from residential premises and public streets.

4. Height regulations. No structures shall exceed three stories or 45 feet, and no accessory structure shall exceed two stories or 30 feet in height, except as provided in § 107-55.
5. Conditional uses requiring Board authorization in accordance with § 107-69 and 107-70 and site plan review pursuant to § 107-61.
6. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements in Article VII.

§ 107-39. B-2 Shopping District.

1. Principal permitted uses.

1. Any principal use or structure permitted and as regulated in the B-1 District, except as herein modified.
2. Boarding or lodging houses.
3. Bed-and-breakfast.
4. Hotels and motels.
5. Any community retail business or service establishment, such as a food, drug, clothing, hardware, accessory, variety or department stores, barbershops, beauty shops, florist or specialty shop, a shoe repair shop, Laundromats, cleaning shop, a bank or savings and loan office, a professional office, funeral homes, a real estate or insurance office or the like, supplying commodities or performing services primarily for residents of the Town and surrounding community.
6. Tourist homes and produce stands.
7. Taverns, nightclubs, drive-in eating and drinking establishments, summer gardens and road houses, including entertainment and dancing, provided that the principal building shall comply with 1/2 the distance requirement of § 107-27.
8. Automobile parking lots, repair shops or general garages, subject to the provisions in § 107-47.
9. Automobile, tire, battery, trailer and implement establishments for display, hire, sale or general repair, including sales lots.
10. Animal hospitals, veterinary clinic or kennel, provided that any structure or area used for such purposes shall comply with the distance requirement of § 107-27.
11. Bakery, laundry and clothes cleaning and dyeing establishments, all subject to 1/2 the distance requirement of § 107-27.
12. Wholesale business, warehousing, storage and distributing establishments, except for flammable liquids, paints or explosives.
13. Municipally owned electric, communication, water, sewer, gas and fuel transmission lines and necessary equipment and buildings incidental thereto. Wireless transmitting stations, transformers, boosters, railroad lines and stations, water tanks and standpipes shall be subject to 1/2 the distance of § 107-27.
14. Any other retail business or service establishment which is determined by the Board of Appeals to be of the same general character as those specified herein, but not including any use of a class first permitted in a B-3 or M District.

2. Accessory uses:

1. Accessory buildings and uses customarily incidental to any permitted principal use, and not otherwise prohibited.
2. The manufacturing, processing or treatment of goods for sale primarily at retail on the premises or the cleaning, laundering, repairing or other treatment of objects as a retail service to customers on the premises, in which operations not more than three persons shall be engaged at any one time.
3. Warehousing for goods merchandise or products offered for sale on the premises.

3. Required conditions.

1. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.
2. Lots for public display or sale of automobiles, trucks, trailers, implements, boats or other machinery or equipment shall comply with the following requirements:

1. Every such lot shall be fenced along each public street by an ornamental fence not less than 30 inches high, located at least five feet back from the property line or from any public sidewalk, and the space in front thereof shall be landscaped and neatly maintained.

3. No lighting, other than minimum protective night lighting, shall remain on after normal business hours. All lighting shall be shaded so as to direct the light away from residential premises and from public streets.
4. Along any side adjacent to any R-District or institutional premises, an ornamental wall, fence or compact evergreen hedge and wire fence, not less than four feet nor more than six feet high, shall be installed and maintained in good condition without any advertising.

4. Height regulations shall be the same as in the B-1 District.
5. Prohibited uses:

1. Any use specified as a permitted use or conditional use in a B-3 or M-1 District.
2. Warehousing for goods or merchandise other than those offered for sale on premises.
3. Warehousing within 50 feet of Main Street, Broad Street, William Street, or Commerce Street.

6. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements contained in Article VII:

§ 107-40. B-3 General Business District.

1. Principal permitted uses.

1. Any use or structure permitted and as a regulated in the B-2 District, except as herein modified.
2. Retail sales of building supplies, not including concrete mixing or bulk storage of sand, gravel, lime or similar materials.
3. Contractor's equipment storage yard or plant or storage and rental of equipment commonly used by contractors.
4. Trucking or motor freight station or terminal.
5. Retail lumberyard, including millwork only when incidental.
6. Storage, sale and incidental milling or other processing of grain and livestock feed or storage and sale of coal, coke or firewood, provided that dust is effectively controlled during all operations.
7. Carting, express or hauling establishments, including storage of vehicles.
8. Stone or monument works not employing power-driven tools, or if employing such tools, then only within a completely enclosed building subject to 1/2 the distance requirement of § 107-27.

2. Any other use that is determined by the Board of Appeals to be of the same general character as the above-mentioned uses, including any kind of manufacturing or treatment incidental to the conduct of a retail business on the premises, except a use which is first permitted in an M District and/or is prohibited in any District.
3. Conditional uses requiring Board authorization in accordance with §§ 107-69 and 107-70 of this chapter:

1. Electric, communication, water, sewer, gas and fuel transmission lines and necessary equipment incidental thereto and wireless transmitting stations, transformers, boosters, railroad lines and stations.
2. Flammable liquids, underground storage only, not to exceed 40,000 gallons and subject to the distance requirements of § 107-27.
3. Drive-in theaters, provided that the screen shall be so located that the picture will not be visible from adjacent streets or highways and said screen shall be set back not less than 100 feet from the street line, and provided that all parts of such drive-in theaters shall comply with the distance requirement of § 10727.
4. Public swimming pools, dancing, skating, golf driving ranges, livery stables, riding academies, amusement parks, circuses, carnivals, target ranges or similar open-air recreational uses and facilities except race tracks, all subject to the requirements of § 107-27.
5. Revival tents and outdoor meetings.
6. Telecommunications, television and radio broadcasting facilities, which consist of antennas [including but not limited to panels, dishes and omnidirectional, mounting hardware and all related equipment necessary to operate various telecommunications systems, including personal communications services (PCS) and cellular transmitting and receiving sites as well as monopoles, freestanding towers, guyed towers and other support and elevational assisting devices], subject to the requirements of § 107-27 and all height restrictions as may be found in this chapter.

4. Accessory uses:

1. Accessory uses and structures permitted and as regulated in the B-2 District.

5. Height regulations shall be the same as in the B-2 District.
6. Lot area, width and yard requirements. The following minimum requirements shall be observed, subject to the modified requirements contained in Article VII:

1. Purpose and intent. This district is intended to provide for certain types of business and industry, characterized by light manufacturing, fabricating, warehousing and wholesale distribution which are relatively free from offense and which, with the proper landscaping and buffering, will not detract from residential or commercial desirability of adjacent properties. It is intended that such districts be located with access to major thoroughfares or other major means of transportation, depending upon the specific demands of the industry being served. Industrial parks are encouraged in this district to provide for industrial uses with common access and infrastructure, as well as the provision of open space and adequate buffering to adjacent non-compatible uses.
2. The Planning Commission at its discretion may impose such restrictions to protect the aesthetic and visual character of land adjacent to major highway corridors and to provide for and promote orderly development. All development proposed within this district shall be subject to procedures, standards, and guidelines specified in other parts of this chapter.
3. The following uses shall be permitted and the following regulations and the applicable regulations contained in other articles shall apply in the M-1 Light Industrial District. All principal permitted uses and conditional uses shall require site plan review in accordance with § 107-61.

1. Principal permitted uses and structures. The following uses and structures shall be permitted in the M-1 District.

1. The manufacturing, assembling, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals, musical instruments, novelties, molded rubber or plastic products, electrical appliances, instruments or devices, optical or dental goods, printed matter and similar products.
2. The preparation or packaging of food products except fish or meat products, sauerkraut, vinegar and yeast and except canneries and re