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(a) In accordance with the requirement for a landscaping strip contained in Section 59-E-6.1(b), a landscape area must be provided along the perimeter of a parking facility. The perimeter landscape strip must be at least 10 feet in width, except that a minimum width of 4 feet is allowed where a parking facility abuts land classified in a non-residential zone. A perimeter landscape area must contain a minimum of one shade tree for every 40 feet of lot perimeter as well as an evergreen hedge (at least 3 feet in height), a wall or fence, or other methods to reduce the visual impact of the parking facility. The width of the landscape strip may be reduced by the Director/Planning Board to a minimum width of 4 feet upon a finding that provision of the required landscaping area would result in the loss of more than 5 percent of the parking spaces that are required to meet the minimum schedule of parking contained in Section 59-E-3.7. In extreme situations where provision of a continuous 4 foot landscape area would result in the loss of more than 5 percent of required parking spaces, then the length of the perimeter landscape area may be reduced or divided into smaller landscape areas along the perimeter of the property.
(b) The requirements of this section are applicable to parking facilities subject to the provisions of Section 59-E-6.1(a), (c), (d) and (e) upon a finding that strict adherence to the landscaping requirements of Section 59-E-2.7 would result in the loss of more than 5 percent of required parking spaces.
(Legislative History: Ord. No. 11-64, § 1.)
Notes
[Note] | *Editor’s note-Section 1 of Ord. No. 13-76 repealed former Chapter 59, Article F, and enacted a new Chapter 59, Article F. The former Chapter 59, Article F, was derived from the following: 1977 L.M.C., ch. 28, § 18; Ord. No. 9-2, § 5; Ord. No. 9-75, § 1; Ord. No. 10-69, § 8; Ord. No. 10-76, §§ 2, 3, 4, 5, 6, 7 and 8; Ord. No. 11-66, § 1; Ord. No. 11-67, § 9; Ord. No. 11-70, § 5; Ord. No. 12-1, § 1; Ord. No. 12-17, § 1; Ord. No. 12-18, § 1; Ord. No. 12-41, § 3; Ord. No. 13-4, § 1; Ord. No. 13-25, § 1; Ord. No. 13-33, § 3; Ord. No. 13-35, § 1, 5. Article 59-F was interpreted and its legislative history was discussed in Eller Media Co. v. Montgomery County, 143 Md. App. 562, 795 A.2d 728 (2002). Former § 59-F-1.65 is quoted in Montgomery County v. Revere, 341 Md. 366, 671 A.2d 1 (1996). Article 59-F [formerly §§59-80 through 59-113] is quoted in part in Montgomery County v. Citizens Building & Loan Association, Inc.. 20 Md. App. 484, 316 A.2d 322 (1974), wherein the Court held that roof signs may not be prohibited based solely upon aesthetics. Article 59-F [formerly §111-28] is cited in Maryland 500 State v. Ficker, 266 Md. 500, 295 A.2d 231 (1972). |
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