Title 8 BUSINESS
Chapter 8.40 COMMERCIAL DISTRICT FACADE REGULATIONS
Article 1. Facade Advisory Board
8.40.010 Purpose.
8.40.020 Members.
8.40.030 Support staff.
8.40.040 Meetings.
8.40.050 Duties.
Article 2. Standards
8.40.060 County regulations.
8.40.070 City standards--Applicability.
8.40.080 City standards--Intent--Review.
8.40.090 Roofs.
8.40.100 Exterior walls.
8.40.110 Architectural details.
8.40.120 Signs.
8.40.130 Lighting.
8.40.140 Rear and side yards.
8.40.150 New buildings.
8.40.160 Compliance procedures.
Article 1. Facade Advisory Board
8.40.010 Purpose.
The Facade Advisory Board (FAB) is established as an advisory panel
to:
A. Help ensure that facade designs and their maintenance are harmonious
and consistent with the intended quality and character of the commercial areas
of Takoma Park;
B. Provide guidance and assistance to commercial building
and business owners seeking permits for facade alterations, signs, and new
construction work;
C. Coordinate with and advise the City of Takoma Park
Code Enforcement Department;
D. Inform citizens and business owners of the
historic district benefits and requirements and to continue coordinating with
the Montgomery County Historic Preservation Commission and the Montgomery County
Department of Fire and Rescue Services -- Code Enforcement (MCFD) regarding
necessary approvals. (Ord. 1999-43 § 1A, 1999)
8.40.020 Members.
A. The FAB shall consist of 7 voting members.
1. At least 2 members
shall be professional such as architects, planners, and/or historians.
2. At
least 2 members shall be building or business owners located or doing business
in the Takoma Old Town and Takoma Junction commercial areas as defined in
Section 8.40.070.
3. One member shall represent Historic Takoma, Inc. The
Board of Historic Takoma, Inc. shall select from among its membership for
consideration by the City Council, 2 representatives, one of which may be
appointed to serve as a voting member of the FAB, the other to serve as an
alternate.
B. Members shall be nominated and appointed by the City
Council.
1. The 7 members shall serve staggered 3-year terms, with initial
appointments of one, 2 and 3 years. The terms shall begin on April 1st
and end on March 31st.
2. Historic Takoma, Inc.
representatives shall serve for one year.
3. No member, with the exception
of the member representing Historic Takoma, Inc., shall serve for more than 2
consecutive terms. The members representing Historic Takoma, Inc. may serve for
an unlimited number of one year terms.
C. The initial term of a member
appointed to replace a member who cannot complete his or her term shall be for
the remainder of that member’s term.
D. A member, whose term expires,
may upon a majority vote of the remaining members, continue as a voting member
on pending cases which were ongoing prior to the completion of their
term.
E. The City Administrator may remove a member before their term has
expired if the member has become incapacitated, has failed to reasonably perform
his or her duties, or has missed 3 consecutive meetings.
F. The FAB shall
elect a Chairperson and a Vice Chairperson. (Ord. 2004-20, 2004/Ord. 2002-7
(part), 2002/ Ord. 1999-43 § 1B, 1999)
8.40.030 Support staff.
The City Administrator shall assign City staff familiar with building code
and historic preservation policies and procedures in Takoma Park, Montgomery
County, and the State of Maryland to support the FAB. (Ord. 1999-43 § 1C,
1999)
8.40.040 Meetings.
A. The FAB shall convene as frequently as may be reasonably required to
perform its duties and may operate under a quorum of at least 3 voting
members.
B. The FAB shall establish a regular monthly meeting date, time and
place which shall be published, along with the name and phone number of the City
staff person to contact for placing items on the agenda.
C. The City staff
will consult with the Chairperson and prepare and distribute an agenda and
supporting materials to the members at least 7 days in advance of each regularly
scheduled meeting date.
D. If there are no agenda items, the Chairperson may
cancel the regularly scheduled meeting and have the City staff person(s) notify
the Board members.
E. An emergency meeting may be convened by the
Chairperson by providing written notice to each member at least 7 days prior
with supporting materials and an explanation of the nature and need of the
meeting.
F. The FAB shall meet at least every 6 months to evaluate process.
(Ord. 1999-43 § 1D, 1999)
8.40.050 Duties.
A. The FAB shall advise commercial building and business owners of the
provisions of this chapter and available financial resources.
B. The FAB may
make recommendations to Montgomery County Historic Preservation Commission
regarding facade, sign, and similar architectural and planning related
issues.
C. The City Administrator (or his or her appointed designee), in
conjunction and with the FAB, shall implement, enforce and routinely update the
City Standards described in Article 2 of this chapter.
D. Members may advise
and comment on, but shall recuse themselves from voting, issues affecting
properties in which they have any direct financial interest.
E. The City
staff will be responsible for managing administrative functions of the FAB,
assisting applicants in preparing presentations to the FAB, preparing agendas,
and preparing reports for the FAB. (Ord. 1999-43 § 1E, 1999)
Article 2. Standards
8.40.060 County regulations.
A. Montgomery County standards and regulations shall apply within all
commercial areas of Takoma Park including:
1. Building Code regulations
(latest version).
2. Sign Ordinance Article 59-F of the Montgomery County
Code (latest version).
B. The following Takoma Park City Codes shall apply:
Chapter 6.12, Property Maintenance Code and Section 10.16.020 of this code.
(Editorially amended during 2003 codification: Ord. 1999-43 § 2A,
1999)
8.40.070 City standards--Applicability.
A. The City Standards for design set forth in Section 8.40.080 and in
subsequent sections shall apply to the following areas upon adoption of such
Standards by the Montgomery County Historic Preservation
Commission:
1. Takoma Old Town: All commercial properties located on Laurel
Avenue and Carroll Avenue (MD 195), between Eastern Avenue and Columbia
Avenue;
2. Takoma Junction: All commercial properties located on Carroll
Avenue (MD 195) and Ethan Allen Avenue (MD 410) between Philadelphia Avenue (MD
410), Lee Avenue, and Sycamore Avenue;
3. All other commercial properties in
the City on a voluntary basis only.
B. The City Standards for maintenance
set forth in Section 8.40.080 and in subsequent sections shall apply to all
commercial properties in Takoma Park. (Ord. 1999-43 § 2B, 1999)
8.40.080 City standards--Intent--Review.
A. These City Standards are intended to promote and enhance the unique
character of Takoma Park; to help provide and maintain economically viable,
attractive and convenient business districts; to protect and enhance property
values; to cultivate and maintain a positive visual image; to assist in
disseminating knowledge regarding redevelopment funds; and to promote the public
welfare.
B. The City Standards shall to the maximum practical extent,
clearly differentiate between issues such as maintenance/new
construction/alterations, historic/non-historic, requirements/recommendations,
and City/ County permits.
C. The City Standards should be reviewed and
updated, as necessary, through a public hearing process at least once every 3
years by the City Council with the advice and assistance of the FAB. (Ord.
1999-43 § 2C, 1999)
8.40.090 Roofs.
A. Design (Materials/Modifications).
1. Roof shapes, materials and
colors shall be compatible with the historic nature (if applicable) and
character of the building and neighborhood.
2. Skylights and solar
collectors (if used) shall be aesthetically integrated into the roof profile and
coordinated with roofing materials and finishes.
3. Rooftop mechanical
equipment, antennas, satellite dishes and similar elements shall not be
permitted to be in view of the public right-of-way. When it is necessary to be
located within a viewable area, such items shall be screened in a manner that is
compatible with the roof profile and materials.
4. Extraneous and unused
elements, including but not limited to signs, equipment, and billboards, shall
be prohibited.
B. Maintenance. Roofing materials, chimneys and other
auxiliary structures shall be kept in a good state of repair and appearance.
(Ord. 1999-43 § 2D, 1999)
8.40.100 Exterior walls.
A. Design (Modifications/Replacement).
1. All elements of building
facades shall be compatible with the original materials and construction of the
building.
2. Brick, stone, and other masonry surfaces shall be cleaned in
the gentlest manner possible, repaired, and repointed as required and preserved
in their original color and texture.
3. Stucco surfaces shall have a similar
texture to the original or remaining existing surfaces.
4. Exterior finishes
and colors shall be compatible with neighboring structures.
5. Plywood
and/or asphalt shingle siding shall not be permitted.
6. Window/through-wall
type air-conditioning units if used, shall be harmonious with the facade and
shall not interfere with or be hazardous to pedestrian circulation and shall not
drain to the sidewalk.
7. Vinyl gutter and down spouts are
permitted.
8. Miscellaneous elements which are not of historic value such as
empty electrical boxes, conduits, pipes, unused sign brackets, and alarm units
shall be removed.
B. Maintenance.
1. All exterior facade materials shall
be maintained in sound and attractive condition.
2. Rotten, broken, or
otherwise deteriorated materials shall be repaired or replaced in
kind.
3. Peeling and/or chalking painted surfaces shall be repainted or
otherwise refinished in a manner aesthetically compatible with their
location.
4. Gutters and down spouts shall be kept securely attached. (Ord.
1999-43 § 2E, 1999)
8.40.110 Architectural details.
A. Design (Modifications/Replacement).
1. Cornices shall be restored
or replaced to be compatible with their original historic design of the building
as part of any substantial facade renovation work.
2. Signs covering
building cornices shall be removed and the cornice repaired and
restored.
3. Lintels, arch work, and sills over windows shall be preserved,
restored or replaced in a style compatible with the original
construction.
4. Windows shall be of matching or otherwise compatible design
and material and shall be of the same height and width as existed in the
original construction. Vinyl-clad wood or metal or other weather resistant
materials may be considered.
5. Ornamental window grilles or balconettes may
be incorporated as decorative or security devices.
6. Boarding or filling in
windows on street front and side facades shall be prohibited.
7. Windows
facing alleys or yards may be closed with materials and a design that matches or
are compatible with the surrounding materials and finishes.
8. Textured or
colored glass and ribbed or patterned metal shall not be permitted as
replacement materials for shopfront windows.
9. Non-metal security grilles,
screens, and mesh wire shall be prohibited.
10. Public entry doors,
including stoops and approaches shall be accessible to persons with disabilities
to the maximum extent practical without being detrimental to the historical
value of the property.
11. Doorway steps, stoops, or ramps shall be
compatible with the original design of the building. Where there are more than 2
risers, railings shall be installed.
12. Rigid fixed awnings, canopies, and
similar overhangs for weather protection and compatible with the building design
are permitted over the first floor and on upper floor windows and entrances.
Wooden shingle mansard type awnings are prohibited. Cloth awnings shall be made
with fire retardant material.
13. First floor awnings shall terminate not
higher than 6” below the second floor window sill. The front valance of
awnings shall not exceed one foot in depth. Signs, symbols or other designs
compatible with the facade and in conformance with sign requirements are
permitted on awnings.
B. Maintenance.
1. Cornices shall be structurally
sound. Rotted or weakened portions shall be repaired or replaced. All exposed
wood shall be painted or otherwise finished.
2. Windows must be tight
fitting. Rotted, broken, loose or otherwise deteriorated or damaged sashes,
window panes, mullions, and muntins shall be repaired or replaced in kind. All
exposed wood shall be painted or otherwise finished.
3. Faded, peeling or
similarly deteriorated awnings shall be removed, replaced, or
repaired.
4. Extraneous and/or unused hardware, signs, and equipment shall
be removed.
5. Broken, rotten, or damaged elements shall be removed,
replaced or repaired.
6. Security grilles shall be free of rust, peeling
paint or other unsightly appearance.
7. Solid or other similarly permanently
enclosed, covered or painted shopfront windows shall not be
permitted.
8. Vending machines located within 25’ of the sidewalk
shall be screened from view. (Ord. 1999-43 § 2F, 1999)
8.40.120 Signs.
A. Design Standards for Modification or Construction of New or Replacement
Signage.
1. Zoning Regulations. All permanent and temporary signage shall be
installed and maintained in accordance with the regulations set forth in
Montgomery County Code Article 59-F.
2. Required Permits. Historic Area Work
Permits shall be secured from the Montgomery County Historic Preservation
Commission prior to the installation or modification of a sign in designated
historic districts. Sign permits shall be obtained from the Montgomery County
Department of Permitting Services prior to sign installation.
3. General
Requirements. In general, signs should not obscure or detract from architectural
details. Signs should be positioned and designed to complement and emphasize the
building architecture, including special shapes or details of the facade; draw
attention to the building entrance; or to emphasize a display window where
feasible and desirable.
4. Wall Signs. Signs that are mounted parallel to
the wall of the building may not extend more than 8 inches from the building
face.
5. Projecting Signs. Projecting signs may not extend more than 3 feet
from the building face.
6. Awning or Canopy Signs. Signs may be incorporated
as part of awnings or canopies. Images and lettering should be confined to the
vertical face.
7. Freestanding Signs. Signs erected on the ground or
attached to a structure such as a post, pole or column as its sole source of
support, should be appropriate to the context, balanced in size and in height
and not unduly obstruct the view of the building or the view along the
streetscape.
8. Temporary Signs. Aggregated area of all temporary signs in a
window may not exceed more than 20% of the window area and may not remain in
place for more than 30 days.
9. Limited Duration Signs. The provisions of
this chapter shall apply to all banners and other limited duration signs as
defined by Montgomery County Code Article 59-F.
10. Sign Materials. Sign
materials should be durable and easy to maintain. Appropriate materials include
but are not limited to painted or carved wood, aluminum, stone, acrylic, neon,
glass, and stained glass.
11. Illumination. Light sources external to the
sign surface and directed downward toward the sign are preferred. The light
level should not overpower the facade or other elements of the building or
adjacent streetscape. The light source should be shielded from pedestrian view.
Internal lighting may be appropriate where only letters are illuminated or neon
is used.
12. Sign Shape. Signs should be designed in simple, straightforward
shapes that convey their messages clearly. Symbols should be easily
readable.
13. Graphics. Lettering should be properly proportioned and easy
to read. In most instances, simple fonts are preferred. The number of fonts
should be limited to 2 per sign. As a general rule, the letters should not
occupy more than 75% of the total sign panel. Finishes should be matte or
non-glare with graphics in high contrast to their
backgrounds.
B. Maintenance Standards. Signs shall be appropriately
maintained with missing lettering, peeling paint, and other signs of
deterioration corrected in a timely fashion. Damaged and obsolete signs, as well
as associated posts, wiring and structures, shall be repaired or removed within
30 days of notice by the City. (Ord. 2007-49, 2007: Ord. 1999-43 § 2G,
1999)
8.40.130 Lighting.
A. Design (Modifications/Replacement).
1. Exterior lighting may be
installed to illuminate the building facade and entry. Lighting fixtures must be
located, aimed and shielded so that the light is directed only onto the building
and not toward adjacent roads.
2. Lighting fixtures shall be compatible with
the design of the building and may not project more than 24” from the face
of the building.
3. Maximum facade illumination shall not exceed an average
of 5 foot candles.
4. The following lighting sources are
permitted:
a. Fully recessed down lights with a bulb not visible at
pedestrian eye level;
b. Wall washers in projecting metal box or goose neck
fixtures with a diffuser or reflector fully shielded light sources, not visible
at pedestrian eye level;
c. Individually lit letters internally or
backlit.
5. The following lighting methods are not permitted:
a. Exposed
(visible) fluorescent, quartz or mercury vapor lamps;
b. Exposed
incandescent lamps other than low wattage, decorative type fixtures
lighting;
c. Flood lights which create glares to vehicles, or occupants of
buildings;
d. Low pressure sodium;
e. Lights which blink, black out,
flash, or create a motion effect.
6. Electrical elements such as wires,
conduits, junction boxes, transformers, ballasts, switch and panel boxes shall
be concealed from view.
B. Maintenance.
1. Low level facade lighting is
recommended to be operational to 11:00 pm.
2. Continuous internal
security/police surveillance night lighting is recommended for all street level
businesses. (Ord. 1999-43 § 2H, 1999)
8.40.140 Rear and side yards.
A. Design (Modifications/Replacement).
1. Paved rear yards may be used
for parking or loading.
2. Storage or trash containers shall be screened
from public view.
3. Parking areas shall be screened from adjoining
residential property.
4. Refuse and storage areas shall be screened from the
view of adjacent properties and public rights-of-way. Screening may consist of
masonry walls or durable wooden fences not less than 4’ nor more than
6’ high, or compact dense evergreen hedges not less than 4’ high at
time of installation.
B. Maintenance.
1. Yards shall be maintained to
provide a neat appearance and not detract from the building or surrounding
neighborhood.
2. Refuse and storage areas must be maintained and kept neat
in appearance at all times. (Ord. 1999-43 § 2I, 1999)
8.40.150 New buildings.
Facades must be compatible with and enhance the character of the adjacent
areas and approved by the Montgomery County Historic Preservation Commission.
(Ord. 1999-43 § 2J, 1999)
8.40.160 Compliance procedures.
A. Reviews and Approvals.
1. Design plans are required to be reviewed
and approved by Montgomery County before proceeding with work.
2. The City
of Takoma Park notes that the Montgomery County Historic Preservation Commission
may refuse to approve drawings, plans, or specifications that are not suitable
or desirable for aesthetic or functional reasons; and shall have the right to
take into consideration issues such as, but not limited to, the suitability of
the site plan, architectural treatment, plans, elevations, materials and color,
construction details, streets, sidewalks, and the harmony of the plans with the
surrounding area.
3. All demolition applications are subject to review and
approval by the Montgomery County Historic Preservation Commission as stipulated
under Chapter 24-A of the Montgomery County Code.
4. To help facilitate
approval, it is recommended that plans also be reviewed and submitted to the
County with an endorsement/comment report by the
FAB.
B. Enforcement.
1. The City shall provide training to the staff of
the Office of Code Enforcement, and distribute informational materials to
affected building and business owners.
2. Not sooner than 8 months following
the date of adoption of the City Standards by Montgomery County Historic
Preservation Commission, the Facade Advisory Board shall notify the owners of
properties determined not to be in compliance with the City Standards set forth
in Section 8.40.080. Notice shall be in writing and shall include a statement of
the suggested corrective action and a notice that the FAB is available to
provide assistance by appointment.
3. Should the Office of Code Enforcement
identify a property which is not in compliance with the City Standards set forth
in Section 8.40.080, Code Enforcement may issue a written notice of violation to
the property owner which shall:
a. Include a legal description or the street
address of the property;
b. Include a detailed description of the
violation;
c. State a reasonable time for the property owner to abate the
violation.
4. Notices of violation shall be deemed to have been properly
served by personal delivery, or by first class mail to the property
owner’s last known address, or by any other method authorized by the laws
of the State of Maryland and the City.
5. If a property owner does not abate
the violation within the time allowed for correction, the maintenance provisions
of the City Standards set forth in Section 8.40.080, then a citation for a Class
C municipal infraction may be issued to the property owner or other responsible
party. (Ord. 2002-7 (part), 2002/ Ord. 1999-43 § 2K, 1999)
<< previous | next >>