TOWN OF NEWWINDSOR ORDINANCE NO. WHEREAS, by virtue of the authority contained in the Land Use Article of the Annotated Code of Maryland and Chapter 35 of the Code of the Town of New' Windsor, the Mayor and Council of the Town of New Windsor have the authority to create and from time to time amend regulations pertaining to the use of land within the Town; and WHEREAS, the New Windsor Planning and Zoning Commission has reviewed and recommended these amendments for adoption; and WHEREAS, these amendments were duly advertised and a public hearing on them was held on February 2017; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of New' Windsor: ARTICLE 1: That Chapter 215 be amended as follows: Section 1. That Section 215-53(A)(2) be amended to read as follows: (2) Business, trade schools and [colleges] educational institutions: Section 2. That Section 215-54(6) be added to read as follows: (6) New dwellings used subordinate to and in support of the operation of an educational institution Section 3. That Section 215-55(A) be amended to read as follows: A. Dwellings (new) except as permitted by $215-54(6) and $215- 56(E); any dwelling existing at the adoption of this chapter which is subsequently damaged or destroyed may be rebuilt for use as a dwelling, irrespective of the amount of the damage; Section 4. That Section 215-56(E) be added to read as follows: E. Dwellings existing at the time of this subsection used subordinate to and in support of the operation of an educational institution. ARTICLE 3. Severability. Ifa any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any. court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this chapter, it being the intent of the Town that this chapter shall stand, notwithstanding the invalidity of any section, subsection, sentence, clause, phrase, or portion thereof. ARTICLE 4. Section Headings, Chapter Headings, Titles. Section headings, chapter headings, titles, etc., are for the purpose of description or ease of use and do not form a part of the text of this Ordinance or any Code or test adopted hereby. ARTICLE 5. Existing Liabilities. This Ordinance shall not discharge, impair or release any contract, obligation, duty, liability or penalty whatever existing on the date of its enactment. All suits and actions, both civil and criminal pending or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance affected by the adoption of this Ordinance shall be instituted, proceeded with and prosecuted to final determination and judgment as if this Ordinance had not become effective. This Ordinance shall take effect on the day of 2017. Introduced this day of 2017. Donna Alban, Town Clerk Passed this members in favor and day of 2017, by a vote of Council members opposed. Donna Alban, Town Clerk ATTEST: Donna Alban Town Clerk Effective this Approved as to form and legal sufficiency this Neal C. Roop Mayor day of day of 2017. 2017. By: Michelle M. Ostrander NOTE: Matter in [brackets] is proposed: for deletion from existing law. Matter underlined is new material proposed to be added to existing law. Town ofl New Windsor, MD Page 1d of4 Town ofl New Windsor, MD Tuesday, November: 29, 2016 Chapter 215. Zoning Article X. EC Employment Campus District $215-52. EC Purpose of district. The prim ry purpose of this district is to provide an opportunity within the corporate boundaries of the Town fo economic development in an attractive office park, industrial park or campus setting ora mixture hereof, whichi is compatible with the Town character. Select commercial and retail uses asare compatible with industrial business and office uses are appropriate in this district. Development int this district may provide a campus-like setting to maintain an: attractive character while providinga aj pleasant work environment for its employees, while remaining compatible with land uses in adjoining districts. The Employment Campus District is also designated a principal permitted use on certain parcels of land bearingal Light Industrial zoning designation. $215-53. EC Principal permitted uses. A. Principal permitted industrial uses are: (1) Biomedical technology facilities; (2) Business, trade schools and eelleges; Educational Institutions; Computer research and data processingservices; (4) Engineering and scientific research or development facilities; (5) Hotels, motels and conference centers; (6) Professional and corporate. offices; Parking garages; Government offices; (9) Fire protection; (10) Radio and television facilities and studios (no permanent antennas or towers); (n) Manufacture, assembly, service and/or equipment repair ofa a light nature, provided such operations are free from objectionable odors, fumes, dirt, noise or vibration detectable at the lot line. Such uses include, but are not limited to: (a) Drugs and other pharmaceuticais; (b) Office, computing, accounting machines; EXHIBIT A hthn:llecode360.com/nrintAE09787mid-11478400.1478401.1147844911478460 1147 11/29/2016 Town of New Windsor, MD Page 2 of4 Radio and television broadcasting and communications equipment; (d) Communication equipment; (e) Electronic components and accessories; Measuring and controllingi instruments; (g) Optical instruments and lenses; (h) Photographic equipments and supplies; Cosmetics; Musical instruments; Novelties. Prefabricated construction components; (12) Warehousinguistribution center; having outside storage of equipment; (13) Lumber yards, warehouses, farm implement sales and services and construction companies (14) Automotive, motorcycle, implement sales, service and repair. B. Principal permitted commercial uses are: () Advertisingagencies, institutions; (2) Banks, savings and loans associations, investments companies, brokers and similar financial (3) Blueprinting, printing and duplicating services; (4) Business machines sales, rental and service establishments; (5) Druga and cosmetic stores; (6) Temporary! help services; (7) Laundry and dry-cleaning establishments without delivery services; (8) Museums, art galleries and libraries; Newsstands; photographers; (12) Securitys services; (13) Commercial day-care centers; (10) Personal service establishments such as barber and beauty shops, optical goods stores and (11) Restaurants, delicatessens and beverage establishments; (14) Real estate agencies, insurance agencies, messenger service, travel agencies and telegraph offices; (15) Computer hardware and software stores and services; httn:llecode360 com/nrint/NR09787pmid-11478400.11478401.11478449 114784601147 11/29/2016 Town ofl New Windsor, MD Page 3 of4 (16) Video stores; (17) Convenience, gasoline and automotive merchandise. sales; (18) Grocery: stores ofl less than 40,000 square feet of floor space. Any other use determined by the Zoning Administrator to be ofas similar type as a permitted use above, subject tot the provisions of Article XVII. $215-54. EC Conditional uses (requiring Board authorization). A. Int the Employment Campus District, thet following uses require Board authorization as provided 1) A use determined by the Zoning Administrator tol be of similar type as a permitted use above; provided such use is in accord with this S: 215-54 as tot timing andi intensity; 2) Outdoor recreational uses such as golf driving ranges, baseball batting cages, miniature golf herein: courses, etc.; Health, tennis and racquetball clubs; (4) Any increase in the percentage of commercial use of the development site beyond the amount attributable to a principal permitted commercial use; (5) Mini-storage. (6) New dwellings used subordinate. to and in support of the operation of an B. The Board may authorize the above uses, provided the Boardi first finds: Educational Institution. 1) There is at least one or more permitted uses existing in the district; or transform the district contraryt to its stated purpose; existing uses in or: adjoining the district. The authorization oft the conditional use at the location proposed willr not serve to overwhelm The location oft the use on the proposed sitei is determined to. be appropriate in relation to $215-55. EC Prohibited uses. Thet following uses are expressly prohibited within the Employment Campus District: jexcept as permitted by $215-54(6) and $215-56E A. Dwellings (new); any dwelling existing at the adoption of this chapter which is subsequently damaged or destroyed may be rebuilt for use as a dwelling, irrespective oft the extent of the damage; B. Department stores; Grocery stores or supermarkets (with greater than 40,000 square feet); D. Sale, display or storage of merchandise or goods, the performance of any commercial service or any sales or solicitation of sales on parking lots, parking areas, sidewalks, walkways or otherwise E. Vending machines of any! kind installed or operated out of doors or upon the exterior of any part outside the confines of buildings or enclosures; oft the premises, except telephone and postal facilities; httnllernde360 com/nrint/NFA97870mid-1147840011478401.11478449.11478460.1147.- 11/29/2016 - Town of New Windsor, MD Page 4 of4 F. Outdoor advertising promotions, including aerial balloons, public address systems or loudspeakers, except for signs authorized by this article. $215-56. EC. Accessory uses. A. Cafeterias, exercise or recreation facilities for use! by employees. B. Day-care facilities for use by employees. Display rooms and retail sale pertainingt to a use ont the premises. D. Communication towers or other equipment directly associated with a principal permitted or E. Dwellings existing at the adoption of this amendment adding Section E and used authorized conditional use. EC Density distribution. subordinate to and in support of the $215-57. operation of an Educational Institution. A. No more than 5096 of a development site may be utilized by commercial principal permitted uses, unless authorized by the Board of Zoning Appeals pursuant to the provisions of Article XVII B. Industrial principal permitted uses, in any combination, are authorized up to 100% of the Accessory uses are only allowed within buildings of principal permitted uses. They shall not occupy hereof. development site. more than 5% of gross floor area oft the building in which they are located. $215-58. EC Building design and placement. Thei following minimum requirements shall be observed: A. All tracts of land located within the Employment Campus District or Light Industrial District where applicable are considered suitable for employment campus development. The minimum net lot areas shall be 20,000 square feet; B. The minimum lot width at the building line shall be 50 feet; No building may be located less than 1001 feet from any residential units existing on the effective date of this chapter, or less than 501 feet from any adjoining Light Industrial or Employment Campus District; D. Nol building may be more than three stories or 501 feet in height; within oney year after installation of said structure. E. All utility service areas (e., transformer boxes) and on-site signage shall be in landscaped beds httn-llecnde360. cam/nrint/NFA9787emid-11478400.11478401.11478449.11478460.1147.. 11/29/2016