ORDINANCE NO. 1864

            AN ORDINANCE OF THE MAYOR AND THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND PURSUANT TO CHAPTER 17.228 OF TITLE 17, ZONING, OF THE SALISBURY MUNICIPAL CODE, AND SECTION 4.04 OF ARTICLE 66B OF THE ANNOTATED CODE OF MARYLAND, FOR THE PURPOSE OF AMENDING CHAPTER 17.04.120, DEFINITIONS, TO AMEND THE DEFINITION OF A "FAMILY".

           WHEREAS, the ongoing application, administration, and enforcement of Title 17, Zoning, of the Salisbury Municipal Code, demonstrates a need for its periodic review, evaluation, and amendment that will keep Title 17 current; and,

           WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury Municipal Code pursuant to the authority granted by Article 66B of the Maryland Annotated Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning of Title 17, Zoning; and,

           WHEREAS, the Mayor and City Council have requested that the Salisbury Planning and Zoning Commission periodically review Title 17 in light of existing development trends and practices and current City development policies as well as to review all individual amendment requests from private citizens;

           WHEREAS, a Public Hearing on said text amendments to the Definition of a "Family", Section 17.04.120 Title 17, Zoning, of the Salisbury Municipal Code was held by the Planning Commission in accordance with the provisions of Chapter 17.228, of Title 17, Zoning, of the Salisbury Municipal Code on October 17, 2002; and,

           WHEREAS, the Planning Commission did recommend approval of the proposed text changes at a Public meeting on October 17, 2002;

           NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that Chapter 17.04 of Title 17, Zoning, of the Salisbury Municipal Code are hereby amended by adding the wording in bold print as follows:

        AMEND SECTION 17.04.120, DEFINITIONS AS FOLLOWS:

        "Family"

                A.    Includes:

                        1.)    An individual;

                        2.)    Two or more persons related blood, marriage or
                                adoption, living together as a single housekeeping
                                unit in a dwelling unit;

                        3.)    Not more than TWO PERSONS IN AN
                                EFFICIENCY OR ONE-BEDROOM
                                APARTMENT DWELLING UNIT, three persons
                                in an attached DWELLING, FOUR persons in
                                TWO-, THREE-, OR FOUR-BEDROOM
                                apartment dwelling units, CONSTRUCTED
                                AFTER (the date of the passage of this
                                amendment) or four persons in a detached dwelling
                                unit, who need not be related by blood, marriage or
                                adoption, living together as a single housekeeping unit.

        AMEND CHAPTER 17.168, APARTMENT STANDARDS, SECTION
        17.168.050.E.1. BY ADDING A NEW ITEM (b) AS FOLLOWS:

                E.    Parking.

                        1.    Spaces Required.

                       a.     A minimum of one and one-half (1 1/2) off-street
                               parking spaces per dwelling unit, plus twenty (20) percent of the total
                               for guest parking shall be provided, except for apartment buildings for
                               the housing of the elderly and handicapped.

                       B.      FOR APARTMENT PROJECTS CONSTRUCTED
                                AFTER (the date of passage of this amendment), A
                                MINIMUM OF TWO (2) OFF-STREET PARKING
                                SPACES FOR TWO BEDROOM DWELLING
                                UNITS, AND THREE (3) OFF-STREET PARKING
                                SPACES FOR EACH DWELLING UNIT
                                CONTAINING THREE OR MORE BEDROOMS,
                                PLUS TWENTY (20) PERCENT OF THE TOTAL
                                FOR GUEST PARKING SHALL BE PROVIDED.

                        b.C. Off-street parking for apartment buildings for the elderly
                                and handicapped shall be provided at the rate of one
                                space for each dwelling unit.

        AMEND CHAPTER 17.196, OFF-STREET PARKING AND LOADING
        STANDARDS, SECTION 17.196.030 as follows:

        Apartment development                                    1 1/2 for each dwelling unit
                                                                                CONSTRUCTED PRIOR TO (DATE)
                                                                                plus 20%, of total for guest parking

        APARTMENT DEVELOPMENTS             CONSTRUCTED AFTER (DATE): 2
                                                                                SPACES FOR EACH TWO
                                                                                BEDROOM DWELLING UNIT AND
                                                                                3 SPACES FOR EACH DWELLING
                                                                                UNIT CONTAINING THREE
                                                                                BEDROOMS OR MORE PLUS 20%,
                                                                                OF TOTAL FOR GUEST PARKING

            AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that this Ordinance shall take effect from and after the date of its final passage but in no event until ten (10) days after the date of the Council's Public Hearing, and,

            THE ABOVE ORDINANCE was introduced at a meeting of the Council on the 12th day of November, 2002, and having been published as required by law, in the meantime, was finally passed at its meeting on the ___ day of ____, 2002.
 
 

                                                                                    ____________________________
                                                                                    Lavonzella Siggers
                                                                                    President of the City Council of
                                                                                    the City of Salisbury

Approved by me this _____                                         Witness:
day of ____________, 2002.
 
 

___________________________                               __________________________
Barrie Parsons Tilghman                                                Brenda J. Colegrove
Mayor of Salisbury                                                        City Clerk

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125 N. Division St.
Salisbury, MD 21801-4940

mchurch@ci.salisbury.md.us