A.
Except as provided herein, no more than
one principal building shall be erected on a single lot.
B.
Where a lot is used for a commercial or
industrial purpose, more than one principal building may be located
on the lot, provided that all minimum setback requirements are met
for the zoning district in which the lot is located.
C.
Accessory structures, including but not
limited to piers, docks, garages, and gazebos, may not be erected
prior to the principal building.
D.
One additional single-family residence
for the sole purpose of a farm caretaker home may be erected on a
single lot used for agricultural uses in the Rural Agriculture (RA)
district and meeting the definition of a "farm." No such structure
shall be erected prior to the principal residence.
A.
The Table of Official Use Regulations (§ 128-60) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a separate permit.
B.
For the purpose of interpreting Subsection A:
(1)
A use may be regarded as incidental or
insubstantial if it is incidental or insubstantial in and of itself
or in relation to the principal use.
(2)
To be commonly associated with a principal
use, it is not necessary for an accessory use to be connected with
such principal use more times than not, but only that the association
of such accessory use with such principal use takes place with sufficient
frequency that there is common acceptance of their relatedness.
C.
Without limiting the generality of Subsections A and B, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
(1)
Offices or studios within an enclosed building
and used by an occupant of a residence located on the same lot as
such building to carry on administrative or artistic activities of
a commercial nature, so long as such activities do not fall within
the definition of a "home occupation."
(2)
Hobbies or recreational activities of a
noncommercial nature.
(3)
Yard sales or garage sales, so long as
such sales are not conducted on the same lot for more than three days
(whether consecutive or not) during any ninety-day period.
D.
Without limiting the generality of Subsections A and B, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:
(1)
Storage outside of a substantially enclosed
structure of any motor vehicle that is neither licensed nor operational.
(2)
Parking outside a substantially enclosed
structure of more than four motor vehicles between the front building
line of the principal building and the street on any lot used for
residential purposes.
Notwithstanding any other provisions
of this article, whenever the Table of Use Regulations provides that
a use in a nonresidential zone or a nonconforming use in a residential
zone is permissible with a zoning permit, a special exception permit
shall nevertheless be required if the Director of Planning finds that
the proposed use would have an extraordinary impact on neighboring
properties or the general public. In making this determination, the
Director of Planning shall consider, among other factors, whether
the use is proposed for an undeveloped or previously developed lot,
whether the proposed use constitutes a change from one principal use
classification to another, whether the use is proposed for a site
that poses peculiar traffic or other hazards or difficulties, and
whether the proposed use is substantially unique or is likely to have
impacts that differ substantially from those presented by other uses
that are permissible in the zoning district in question.
A.
The presumption established by this section is that all legitimate uses of land are permissible within at least one zoning district in the Town's planning jurisdiction. Therefore, because the list of permissible uses set forth in § 128-60, Table of Use Regulations, cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.
B.
Notwithstanding Subsection A, all uses that are not listed in § 128-60, Table of Use Regulations, even given the liberal interpretation mandated by Subsection A, are prohibited, nor shall § 128-60, Table of Use Regulations, be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
C.
Without limiting the generality of the
foregoing provisions, the following uses are specifically prohibited
in all districts unless otherwise specified:
(1)
Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the Town's Fire Prevention Code. See Chapter 56, Fire Prevention.
(2)
Stockyards, slaughterhouses, rendering
plants.
(3)
Use of a recreational vehicle (RV) as a
temporary or permanent residence.
(4)
Use of a motor vehicle, or other portable
storage container, including freight containers, in which, out of
which, or from which any goods are sold or stored, any services are
performed, or other business conducted. Notwithstanding anything to
the contrary in this subsection, use of a portable container or other
freight container is permitted for storage purposes in the Industrial
(I) and Mixed Industrial (MI) Districts only for industrial uses.
Use of these for residential purposes is not permitted.
(5)
Satellite simulcast betting, otherwise
known as "off-track betting," as defined in § 11-815 of
the Business and Regulations Article of the Maryland Annotated Code
(1992) and any amendments thereto.
A.
Whenever a development could fall within more than one use classification in the Table of Use Regulations (§ 128-60), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the office and service operations conducted entirely indoors and designed to attract customers or clients to the premises category. However, the classification "office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area" more specifically covers this use and therefore is controlling.
B.
All applicable federal, state, and county
approvals and/or licenses must be obtained on all proposed uses prior
to granting of approvals in accordance with the other provisions of
this chapter.
A.
A substantial change in use of property
occurs whenever the essential character or nature of the activity
conducted on a lot changes. This occurs whenever:
(1)
The change involves a change from one principal
use category to another.
(2)
If the original use is a combination use
or planned unit development, the relative proportion of space devoted
to the individual principal uses that comprise the combination use
or planned unit development use changes to such an extent that the
parking requirements for the overall use are altered.
(3)
If the original use is a combination use
or planned unit development use, the mixture of types of individual
principal uses that comprise the combination use or planned unit development
use changes.
(4)
If there is only one business or enterprise
conducted on the lot (regardless of whether that business or enterprise
consists of one individual principal use or a combination use), that
business or enterprise moves out and a different type of enterprise
moves in (even though the new business or enterprise may be classified
under the same principal use or combination use category as the previous
type of business). For example, if there is only one building on a
lot and a florist shop that is the sole tenant of that building moves
out and is replaced by a clothing store, that constitutes a change
in use even though both tenants fall within the same principal use
classification. However, if the florist shop were replaced by another
florist shop, that would not constitute a change in use since the
type of business or enterprise would not have changed. Moreover, if
the florist shop moved out of a rented space in a shopping center
and was replaced by a clothing store, that would not constitute a
change in use since there is more than one business on the lot and
the essential character of the activity conducted on that lot (shopping
center combination use) has not changed.
B.
A mere change in the status of property
from unoccupied to occupied, or vice versa, does not constitute a
change in use. Whether a change in use occurs shall be determined
by comparing the two active uses of the property without regard to
any intervening period during which the property may have been unoccupied,
unless the property has remained unoccupied for more than 180 consecutive
days or has been abandoned.
C.
A mere change in ownership of a business
or enterprise or a change in the name shall not be regarded as a change
in use.
When a development proposal comprises
two or more principal uses that require different types of zoning
review, a special exception permit will be required.
Home occupations are the accessory
use of a residence involving the conduct of an art or profession,
the offering of a service, the conduct of a business, or the production
of handicrafts on a residential site. The use is incidental land secondary
to the use of the dwelling for residential purposes, and shall not
change the character of the residential use or adversely affect the
uses permitted in the residential district of which it is a part.
A.
All proposed home occupation uses, including
the expansion or replacement of an existing use or structure, shall
conform to the performance standards below, as well as all other applicable
laws and regulations of the county, state, and federal government.
(1)
The home occupation and its associated
structures shall conform to all applicable standards for the zoning
district.
(2)
Home occupations shall be conducted entirely
either within the residence or within an accessory structure, but
not both. The area used for the home occupation shall not exceed 25%
of the gross floor area of the residence. An accessory structure of
more than 1,500 square feet shall not be used for a home occupation.
(3)
The home occupation shall in no way cause
the residential appearance or character of the premises to differ
from the surrounding residential area. Home occupations shall not
be conducted in such a manner as to produce noise, dust, vibration,
glare, smoke, odor, electrical interference, fire hazard, traffic,
or any other nuisance not typically experienced in the zoning district
in which the property is located.
(4)
No use shall require internal or external
construction features or the use of electrical, mechanical, or other
equipment that would change the fire rating of the structure or in
any way significantly increase the fire danger to neighboring structures
or residences.
(5)
Signs shall be limited to one permanent,
nonilluminated sign of not more than four square feet. Signs shall
conform to the signage provisions of this chapter.
(6)
No outside storage or material, goods,
supplies, or equipment related to the operation of the home occupation
shall be allowed.
(7)
Merchandise shall be limited only to products
manufactured or substantially altered on the premises or to incidental
supplies necessary for the conduct of the home occupation. Items shall
not be purchased off site for resale.
(8)
To the extent that there is any sale of
any item related to a home occupation, delivery of that item to the
buyer should occur off the premises.
(9)
The home occupation shall not employ any
nonresident employees.
(10)
Any need for parking generated by
the home occupation shall be off street and in the side or rear yard
of the structure. The Director of Planning shall determine the number
of parking spaces required based on parking requirements for like
uses contained in this chapter.
(11)
No commercial vehicle shall be used
in connection with the home occupation for delivery of goods to or
from the premises, or parked on the property. This provision does
not preclude the delivery of mail or packages by the Postal Service
or by private or public shipping and courier services. Home occupations
shall not generate more than an average of one truck delivery per
day.
(12)
No more than one home occupation
per residence shall be allowed.
(13)
Home occupations that attract customers,
clients, or students to the premises shall not be allowed in multifamily
dwelling units.
B.
The following uses are not appropriate
as home occupations and shall not be permitted:
(1)
Vehicle or boat repair or painting;
(2)
Construction equipment or materials storage;
(3)
Equipment or vehicle rental;
(4)
Fish or bait sales;
(5)
Furniture sales;
(6)
Funeral director, mortuary, or undertaker;
(7)
Glazier's or painter's shop;
(8)
Heating, plumbing, or air-conditioning
services;
(9)
Laboratory or taxidermy shop;
(10)
Medical or dental clinic;
(11)
Private clubs;
(12)
Restaurants;
(13)
Tourist homes;
(14)
Animal hospitals;
(15)
Kennels; or
(16)
Day-care centers.
C.
The following is a nonexhaustive list of
uses which may be conducted as home occupations within the limits
established in this section; however, uses not listed below require
a specific letter of confirmation from the Director of Planning.
(1)
Art, handicraft, music, writing, photography,
or similar studios;
(2)
Direct-sale product distribution (Amway,
Avon, Tupperware, etc.);
(3)
Dressmaker, seamstress, tailor;
(4)
Hair cutting and styling;
(5)
Home typing or computer services;
(6)
Mail-order sales;
(7)
Nonprincipal offices of a physician, dentist,
veterinarian, insurance agent, real estate, or similar profession
which typically serves several clients on a daily basis;
(8)
Offices of an accountant, architect, engineer,
surveyor, land planner, lawyer, income tax preparer, minister, priest,
rabbi, member of a religious order, psychotherapist, counselor, personal
consultant, or similar profession which typically does not serve several
clients on a daily basis;
(9)
Repair of small appliances, small engines,
and limited machining of small parts, office machines, cameras, and
similar small items;
(10)
Telephone sales and order-taking;
and
(11)
Tutor or teaching, limited to one
or two pupils at a time.
Accessory apartments are permitted
in certain districts, provided that:
Production, processing, cleaning,
testing, distribution of materials, goods, foodstuffs, and products
are permitted in the I and MI Districts, provided that:
A.
Except as provided in § 128-70.1, activities shall be carried on in completely enclosed buildings.
[Amended 4-6-2023 by Ord. No. 741, effective
4-16-2023]
B.
Adequate measures are taken for the abatement
of offensive odors, dust, smoke, noise, vibration, or similar nuisances.
C.
Design, construction, and operation of
the facility meets requirements of appropriate state and federal regulatory
agencies.
E.
No uses in any district may discharge into
the Town sewage treatment facilities any waste that cannot be adequately
treated by biological means.
A.
Industrial parks shall be located on a
site that is at least one acre in size.
B.
The lot on which the industrial park is
located must have a minimum frontage of 100 feet on a public street.
C.
The lot on which the industrial park is
located must have a depth of at least 100 feet.
D.
The project shall have a unified arrangement
of buildings, service areas, parking, and landscaped areas.
E.
Materials, massing, and facade design for
the project shall be harmonious with the character of the neighborhood.
F.
The internal circulation system shall be
designed to minimize through traffic and traffic conflicts within
the project.
G.
The vehicular plan shall provide for safe
pedestrian movement.
H.
The applicant shall design and site buildings
to screen from public view unsightly site elements such as shipping
and loading areas, equipment storage areas, dumpsters, etc.
I.
All operations (except for permitted outdoor
storage) shall be located in a wholly enclosed building.
J.
The release, disposal, or storage of waste
materials shall not be visible from off site. All trash and refuse
shall be stored in self-enclosed storage areas.
K.
In addition to the requirements of § 128-75, outdoor storage shall be subject to the following:
[Amended 4-6-2023 by Ord. No. 741, effective
4-16-2023]
L.
An impact statement shall be submitted
with the site plan which explains:
(1)
The proposed architectural design
(graphic or narrative) of all buildings and structures.
(2)
The proposed hours of operation.
(3)
The provisions to be made for control
of noxious and offensive odors.
(4)
The air pollution, water quality,
and noise control measures to be taken.
(5)
The type and amount of traffic expected
to be generated.
A.
Temporary residences used on construction
sites of nonresidential premises shall be removed immediately upon
the completion of the project.
B.
Permits for temporary residences to be
occupied pending the construction, repair, or renovation of the permanent
residential building on a site shall expire within six months after
the date of issuance, except that the Director of Planning may renew
such permit for one additional period not to exceed three months if
he determines that such renewal is reasonably necessary to allow the
proposed occupants of the permanent residential building to complete
the construction, repair, renovation, or restoration work necessary
to make such building habitable.
The following regulations shall apply
to manufactured home parks in any district where manufactured home
parks are permitted:
A.
Access to the manufactured home park shall
be from a major collector street or arterial street; the number and
location of access drives shall be controlled for traffic safety and
protection of surrounding properties; no manufactured home space shall
be designed for direct access to a street outside the boundaries of
the manufactured home park; and the interior access drives shall be
at least 25 feet in width surfaced and maintained at least 25 feet
in width.
B.
The topography of the site is such as to
facilitate proper drainage and that adequate stormwater facilities
are provided.
C.
The minimum width and/or depth of the manufactured
home park shall be 200 feet, and minimum total area of the manufactured
home park shall be 10 acres.
D.
The minimum area for a manufactured home
site for parking one manufactured home shall be 3,500 square feet
with no dimension less than 40 feet, and with corners of each site
visibly marked and numbered by a permanent marker.
E.
The manufactured home park shall contain
at least 1,000 square feet per manufactured home for community facilities,
including play space, utility rooms, parking and access roads. Any
service or utility building shall be located on a minimum lot of 10,000
square feet.
F.
A minimum of 15% of the total manufactured
home tract shall be left as open space recreational areas.
G.
Setbacks, buffer strips and screening.
(1)
All manufactured homes shall be located
at least 25 feet from any park property boundary line abutting upon
a public street.
(2)
All manufactured home parks shall be provided
with screening such as fences or natural growth along the property
line bounding the development.
(3)
No manufactured home shall be parked closer
than 25 feet to any other manufactured home or service building, and
no part of a manufactured home shall extend closer than five feet
to the boundaries of an individual manufactured home site.
H.
Off-street parking spaces for automobiles
shall be provided in the ratio of two spaces per manufactured home
in locations convenient to individual trailers or groups of trailers.
I.
Proper provision shall be made for public
water supply, sanitary sewers, refuse collection, laundry, and other
community facilities. Water and sewer systems shall be approved by
the Maryland State Health Department.
J.
Service or utility buildings are permitted
within the park for use as sanitary, postal, trailer supplies, manufactured
home park office, convenience items or laundry; provided, however,
that all use of the facilities shall be designed solely for occupants
of the park.
K.
All access roads, parking areas and walkways
shall be illuminated at night. Illumination shall not cast any glare
beyond the perimeter of the development.
L.
Walks.
(1)
All manufactured home parks shall be provided
with safe, convenient all-season pedestrian access of adequate width
for the intended use and which shall be durable and convenient to
maintain.
(2)
Common walk system. A common walk system
shall be provided and maintained between locations where pedestrian
traffic is concentrated. Such common walks shall have a minimum width
of four feet and shall be parallel to the streets.
(3)
Individual walks. All manufactured home
stands should be connected to common walks, to streets, to driveways
or to parking spaces. Such individual walks shall have a minimum width
of two feet.
M.
Manufactured home lots.
(1)
Generally. The limits of each manufactured
home lot should be marked on the ground by suitable means. The location
of lot limits on the ground should be the same as shown on the final
accepted site plans.
(2)
Manufactured home stands. The manufactured
home stand shall be improved to provide adequate support for the placement
and tiedown of the home. The stand shall not heave, shift, or settle
unevenly under the weight of the manufactured home due to frost action,
inadequate drainage, vibration, or other forces acting on the structure.
(3)
Driveways. Improved driveways should be
provided on lots where necessary for convenient access to mobile homes.
The minimum width shall be 10 feet.
(4)
Parking spaces. The design criteria for
automobile parking shall be based upon two parking spaces for each
mobile home lot.
(5)
Outdoor living area. Each manufactured
home lot should be provided with an outdoor living and service area.
Such area should be improved as necessary to ensure reasonable privacy
and comfort. The minimum area should not be less than 300 square feet
with a dimension of 15 feet.
(6)
Accessory structures remain, as per the
definition, dependent upon the manufactured home and shall not be
used as complete independent living units with permanent provisions
for sleeping, cooking, and sanitation. Such structures shall be erected,
constructed, or occupied on a manufactured home lot as specified in
this subsection:
(a)
Accessory structures shall be designed
so as to enhance the appearance of the manufactured home park.
(b)
Accessory structures shall not obstruct
required openings for light and ventilation of the manufactured home
and shall not prevent the inspection of manufactured home equipment
and utility connections.
N.
Manufactured home unit standards.
(1)
The unit should appear to have a permanent
and continuous foundation of masonry or brick construction. The permanent
masonry or brick foundation shall be left exposed or skirted with
other masonry or brick.
(2)
The unit is at least 20 feet wide. For
single-wide units, the width can be made up with a porch or carport
addition at least 2/3 the length of the unit.
(3)
The unit has a gabled roof with a minimum
roof pitch of 4/12.
(4)
The roofing material must be shingle or
other conventional type of residential roof material.
(5)
The unit is constructed under the latest
HUD Manufactured Home Construction and Safety Standard of 1976 and
Public Safety Article, § 12-305, Annotated Code of Maryland,
Industrialized Building and Manufactured Homes Act.
(7)
The exterior walls of the unit look like
wood or masonry, regardless of their actual composition.
(8)
The tongue, axles, transporting lights,
and removable towing apparatus must be removed prior to occupancy.
(9)
The unit must have a permanent landing
and steps with handrails at each exterior doorway.
O.
Community maintenance standards.
(1)
The owner or manager of the manufactured
home park shall provide adequate supervision to maintain the park
in compliance with this article and to keep its facilities and equipment
in good repair and in a clean and sanitary condition.
(2)
The owner or management shall notify the
park residents of all applicable provisions of this article and inform
them of their duties and responsibilities under this article.
(3)
The owner or management shall supervise
the placement of each manufactured home on its lot, which shall include
securing its stability and installing all utility connections.
(4)
The owner or management shall maintain
a register containing the names of all park residents, identified
by lot number or street address. Such register shall be available
to any authorized person inspecting the park.
(5)
The resident shall comply with all applicable
requirements of this article and shall maintain his manufactured home,
lot, and its facilities and equipment in good repair and in clean
and sanitary condition.
(6)
The resident shall be responsible for the
proper placement of each manufactured home on its lot, which shall
include securing its stability and installing all utility connections
in accordance with the instructions of the owner or management.
The following regulations shall apply
to manufactured home subdivisions in any district where manufactured
home subdivisions are permitted:
A.
Access to the manufactured home subdivision
shall be from a major collector street or arterial street, and all
access drives shall be controlled to facilitate traffic movement,
to minimize traffic hazards, and to protect surrounding properties.
B.
Any interior access drives shall have a
minimum right-of-way width of 40 feet, with a minimum paved surface
of 30 feet in width.
D.
The minimum lot size for a manufactured
home shall conform in all respects to the minimum lot size for a single-family
dwelling for the zone in which the subdivision is located.
E.
All interior access drives shall be privately
owned and maintained by the owner/operator of the manufactured home
subdivision. Minimum structure setback from internal access drives:
25 feet.
F.
Adequate sanitary facilities shall be required
for the development. The water supply system shall also be designed
to be adequate for fire protection needs.
G.
All utilities, including but not limited
to electric, cable television, and telephone lines, shall be placed
underground.
H.
A manufactured home subdivisions shall
be enclosed on all sides with a permanently maintained natural or
artificial barrier/buffer, such as a sight-obscuring wall or fence,
or a continuous opaque buffer of trees or shrubs, at least six feet
in height. The Planning Commission may also increase all or part of
the perimeter buffer requirement if it is in the best interest of
the surrounding neighborhood. Structures used to meet this standard
may be located within the required perimeter structure setback.
I.
Open space.
(1)
Not less than 10% of the total area of
a manufactured home rental community, exclusive of perimeter setback
areas, shall be devoted to accessible and usable open space and recreation
areas.
(2)
At least 50% of the open space and recreational
land shall be designed for active recreation. Upon a recommendation
of the Planning Commission and approval by the Director of Planning,
passive recreational activities may be substituted for active recreational
activities if justified by the projected composition of the residents
of the proposed development.
J.
All access roads, parking areas, and walkways
shall be illuminated at night. Illumination shall not cast any glare
beyond the perimeter of the development.
K.
Refuse collection areas shall be screened
from public view.
L.
Pedestrian walkways shall be required to
connect manufactured home sites with parking areas, park facilities
and recreation, and open space areas.
M.
Walks.
(1)
All manufactured home subdivisions shall
provide safe, convenient all-season pedestrian access of adequate
width for the intended use and which shall be durable and convenient
to maintain.
(2)
Common walk system. A common walk system
shall be provided and maintained between locations where pedestrian
traffic is concentrated. Such common walks shall have a minimum width
of four feet and shall be parallel to the streets.
(3)
Individual walks. All manufactured home
lots should be connected to common walks, to streets, to driveways,
or to parking spaces. Such individual walks shall have a minimum width
of two feet.
N.
Pervious areas within the manufactured
home subdivision shall be kept in grass lawn or covered by natural
or planted landscaping treatment. The planting of trees to provide
shade and screen objectionable views is encouraged.
O.
Pervious areas within the subdivision should
be kept in grass lawn or covered by natural or planted landscaping
treatment. The planting of trees to provide shade and screen objectionable
views is encouraged.
P.
An approved stormwater management and sediment
and erosion control plan is required.
Q.
Manufactured home unit standards.
(1)
The unit should appear to have a permanent
and continuous foundation of masonry or brick construction. The permanent
masonry or brick foundation shall be left exposed or skirted with
other masonry or brick.
(2)
The unit is at least 20 feet wide. For
single-wide units, the width can be made up with a porch or carport
addition at least 2/3 the length of the unit.
(3)
The unit has a gabled roof with a minimum
roof pitch of 4/12.
(4)
The roofing material must be shingle or
other conventional type of residential roof material.
(5)
The unit is constructed under the latest
HUD Manufactured Home Construction and Safety Standard of 1976 and
Public Safety Article, § 12-305, Annotated Code of Maryland,
Industrialized Building and Manufactured Homes Act.
(7)
The exterior walls of the unit look like
wood or masonry, regardless of their actual composition.
(8)
The tongue, axles, transporting lights
and removable towing apparatus must be removed prior to occupancy.
(9)
The unit must have a permanent landing
and steps with handrails at each exterior doorway.
(10)
Minimum manufactured home gross floor
area: 600 square feet.
R.
Every manufactured home, together with
all enclosed extensions or structural additions, shall be installed
upon an approved anchor tie-down system and shall be securely anchored
thereto so as to prevent the home from shifting or overturning. The
undercarriage of every manufactured home shall be suitably hidden
by some form of opaque skirting.
S.
Manufactured homes may not be used exclusively
for storage purposes.
T.
One accessory building is permitted for
each manufactured home. Such building shall be located on the individual
manufactured home site, and shall not exceed exterior dimensions of
12 feet by 12 feet and shall not exceed 10 feet in height.
U.
Retail manufactured home sales lots are
prohibited within a manufactured home subdivision.
V.
Recreational vehicles shall not be occupied
as living quarters within the subdivision.
The following regulations shall apply
to townhouses in any district where townhouses are permitted:
A.
The townhouse building shall comply with minimum lot requirements contained in this chapter, but each dwelling unit of a townhouse need not be located on a lot complying with minimum lot area per family requirements in the Table of Density and Dimensional Regulations, § 128-117, provided the average for all dwelling units in the building equals or exceeds the minimum requirements and provided no lot is created with lot area less than 2,000 square feet, exclusive of a parking lot area. (Refer to Subsection H of this section.)
B.
Lot frontage, measured at a building line,
for individual dwelling units of a townhouse may be reduced to not
less than 18 feet. Lot width for end units shall be adequate to provide
required front and side yards.
C.
For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only, in accordance with the Table of Density and Dimensional Regulations, § 128-117. Any side yard adjacent to the line of a lot occupied by a detached single-family dwelling or a lot in a single-family residential district shall not be less than 25 feet.
D.
No detached garage or carport or other
detached accessory building over 120 square feet shall be permitted
on a lot occupied by a townhouse; however, common space may be set
aside on the site for a common storage facility for the use of individual
complex residents not to exceed 120 square feet per unit. Townhome
common storage facilities must be for residential storage only and
be incorporated into the overall site design.
E.
Unless otherwise restricted by district
regulations, not less than three and not more than four dwelling units
shall be included in any one townhouse building.
F.
The front and rear facades of dwelling
units in a townhouse shall be varied by changed yards of not less
than three feet and variation in materials or design so that no more
than three abutting units will have the same front yard depth and
the same or essentially the same architectural treatment of facades
and rooflines.
G.
Provision satisfactory to the Town and
provided by the Town Attorney shall be made to assure that nonpublic
areas for the common use and enjoyment of occupants of townhouses,
but not in individual ownership by such occupants, shall be maintained
in a satisfactory manner without expense to the general public.
H.
Required off-street parking shall be provided
on the lot or within 100 feet of the lot.
I.
A site plan complying with the requirements
of this chapter shall accompany an application for approval of a townhouse
development.
J.
A minimum of 15% of the net land area to
be developed as townhouses must be reserved as natural or landscaped
open space or recreational area.
K.
In addition to the design standards set
forth in this section, townhouses shall meet the standards set forth
in the Denton Pattern Book, prepared by Urban Design Associates, which
is attached to the Zoning Ordinance and copies of which are maintained
in the Town office. The Pattern Book is intended to supplement existing
applicable design guidelines. Persons proposing townhouses should
consult the Denton Pattern Book and incorporate the design concepts
and standards into the proposed townhouse design. Failure to adhere
to the design principles set forth in the Pattern Book may be a basis
for the denial of the site plan by the Town. The Town may approve
townhouses that meet or exceed the goals and objectives of the Denton
Pattern Book.
Outdoor storage (where permitted)
in districts must meet the following requirements:
A.
Except as provided in § 128-70.1, outdoor storage is limited to 10% of the existing lot, exclusive of the existing buildings. The Planning Commission may increase the total area for outdoor storage up to 25% of the total site area where it finds that the size of the lot and its location (e.g., a large lot located in an industrial park) warrant an increase.
[Amended 4-6-2023 by Ord. No. 741, effective
4-16-2023]
B.
The outdoor storage area(s) must be surrounded
by an opaque, uniformly finished fence or wall seven (7) feet in height.
C.
Such wall or fence shall be maintained
in good order; advertisements are not permitted thereon.
D.
The items being stored within the wall
or fence shall not exceed, or be stacked to exceed, seven (7) feet
in height.
E.
In the GC and RHC Districts, storage of
cars and trucks used in connection with the permitted trade or business
is permitted within the walls, but not including storage of heavy
equipment.
F.
In the I and MI Districts, storage of cars,
trucks and heavy equipment used in the trade or business is permitted
within the fences or walls.
Churches, synagogues, and temples
shall have their principal means of access from a major or minor collector
street.
[Amended 5-2-2019 by Ord. No. 698]
A.
Horse stables.
(1)
Horse stables for personal pleasure shall
be permitted only when the property on which they are located has
a minimum of three unconstrained acres (without steep slopes, wetlands
or other environmental constraint) and a stable setback minimum of
250 feet from the front property line and all neighboring residences.
One horse or pony is permitted per each three unconstrained acres.
(2)
Commercial or private stables and riding
stables shall be permitted, provided that the lot area is 20 unconstrained
acres or more (without steep slopes, wetlands or other environmental
constraint) and that any buildings for keeping of animals shall be
located at least 200 feet from any side or rear lot lines, and that
there shall be housed on the premises no more than one horse or pony
for each unconstrained acre of land.
B.
Chickens within the Town of Denton. Keeping
of chickens subject to conditions required by the Planning Commission
and subject to the following:
(1)
No person shall keep chickens within the
Town without first obtaining approval from the Town of Denton Planning
Commission and a license from the Denton Planning and Codes Department.
Only owner-occupied single-family residences will be allowed to be
licensed to keep chickens.
(2)
The property owner shall register the chickens
through the Maryland Poultry Premises Registration Program and provide
the Town with a copy of such registration annually.
(3)
A maximum of four chickens are to be kept
for personal household enjoyment only; no selling of eggs or any by-products
is allowed. No roosters, crowing hens, breeding or hatching of chickens
allowed.
(4)
Property to be a minimum of 10,000 square
feet. An area in the rear yard up to 200 square feet shall be fenced
to prevent predation unless the rear yard is already fenced or the
property owner demonstrates that a coop or covered enclosure will
be installed that serves the same purpose.
(5)
All coops and enclosures must be located
in rear yards only and a minimum of 20 feet from neighboring property
line(s). No coops or enclosures allowed within 100-foot critical area
buffer.
(6)
All chickens to be secured in a coop or
covered enclosure at all times; no free roaming allowed.
(7)
Coops and enclosures to be a minimum of
four square feet per bird, maximum total allowable footprint of 40
square feet. Coops and enclosures shall not exceed six feet in height
above grade.
(8)
All coops shall be elevated, constructed
and maintained in a manner that is free from all odors and to prevent
rodents from being harbored underneath, within, or within the walls
of the enclosure. All feed to be secured in rodent- and predator-proof
containers.
(9)
All coops or enclosures shall be kept in
a clean and sanitary condition at all times, and the owner of an enclosure
shall as often as is necessary remove the accumulations of manure
or other excreta in order to prevent the same from attracting flies
or rodents, becoming a public nuisance or health concern.
(10)
The property owner is responsible
for disposing of manure or other excreta in an approved manner. Composting
in sealed containers only, minimum of 20 feet from adjoining properties;
no ground composting allowed. Manure, excreta, litter or carcasses
shall not be disposed of in the household waste. No composted material
may be applied in 100-foot critical area or stream buffers.
(11)
No persons may slaughter any chickens
in the Town of Denton.
(12)
If at any time it appears that the
keeping of chickens creates a nuisance, the Town's Code Enforcement
Officer will issue a written warning outlining the consequences and
fines per Resolution No. 861 if another infraction occurs.
(13)
Upon the fourth infraction within
12 months, the license to keep chickens will be revoked, fines will
be levied as outlined in the fee schedule and an order for the owner
to abate the nuisance and/or remove the chicken(s) from the Town of
Denton. If the owner fails to abate the notice within seven days,
the Town's Code Enforcement Officer may summarily have the chickens
removed and abate the nuisance at the owner's expense.
(14)
If an owner has had a license revoked,
no new license will be issued for a period of five years.
(15)
The Town of Denton Code reserves
the right to a minimum of two unannounced inspections yearly and any
other inspections as required if complaints arise.
(16)
The fees for licensing and violations
shall be established by the Mayor and Council from time to time by
duly adopted resolution.
Commercial greenhouses and nurseries
shall be permitted, provided that any structure shall not be closer
than 100 feet to all property lines and adequate on-site parking exists.
Appropriate stormwater facilities shall be provided.
A.
Hospitals or clinics for animals shall
be located on a tract of land of 10 acres or more, and all buildings
or structures, pens, or open kennels shall be located at least 200
feet from any lot lines.
B.
Hospitals or clinics exclusively for small
animals shall be located on tracts of land of at least three acres,
and any treatment rooms, cages, pens, or kennels shall be maintained
within a completely enclosed, soundproof building and shall be operated
in such a way as to produce no objectionable odors or sounds outside
the walls.
Country clubs or private clubs are
permitted, provided that:
A.
A minimum lot area of 20 unconstrained
acres (without steep slopes, wetlands, or other environmental constraint)
shall be provided.
B.
Main buildings and accessory buildings
shall occupy no more than 10% of the total area of the lot.
C.
No dwelling units shall be provided on
the premises except for a resident manager and a watchman or caretaker.
D.
No building, accessory building, or swimming
pool shall be located closer than 200 feet from any side or rear lot
line or 100 feet from any street line.
E.
No off-street parking area shall be located in any required yard, and that all parking areas shall be suitably screened from any boundary of the lot by means of a fence, wall, or hedge, and that no lighting facilities for such parking areas extend above such screening. All lighting shall comply with Article XXII of this chapter.
F.
No area lighted for night recreational
use shall be located closer than 200 feet from any side or rear lot
line or 100 feet from any street line.
G.
No outdoor loudspeaker or call system shall
be employed which would produce objectionable noise at the boundaries
of the lot.
H.
Any land area not used for buildings, swimming
pools, game courts, drives, parking areas, etc., shall be landscaped
and well maintained in trees, grass, shrubs, pedestrian walks, or
natural woods.
I.
Accessory or other boat docking facilities
shall be approved as a marina under other provisions of this chapter.
New or used car lots are permitted,
provided that:
Car wash facilities, self-service
or automated, are permitted, provided that:
A.
The minimum lot area of usable space is
20,000 square feet.
B.
The minimum front setback is 50 feet, minimum
rear setback is 50 feet, and minimum side setbacks are 20 feet.
C.
The stacking area provides space for a
minimum of five cars per bay.
D.
Mandatory screening and landscaping is
provided to the satisfaction of the Planning Commission.
E.
Site plan review and approval is required.
Facilities for gas sales are permitted
in certain districts, provided that fuel storage tanks are located
underground.
The planned residential development
use classification permits multifamily residences in single-family
zoning districts only in the context of a well-planned development
containing both single-family and multifamily dwellings, with the
single-family units acting as a buffer between the development and
the preexisting single-family neighborhoods.
A.
Planned residential developments are permissible
only on tracts of at least 30 acres located within an SR District;
10 acres in a TR District; and five acres within MR and MI Districts.
C.
Permissible types of residential uses within
a planned residential development include single-family detached dwellings,
two-family residences, and multifamily residences. At least 75% of
the total number of dwelling units must be single-family detached
for a planned residential development in the SR District. At least
50% of the total number of dwelling units must be single-family detached
for a planned residential development in the TR District. At least
25% of the total number of dwelling units must be single-family detached
for a planned residential development in the MR and MI Districts.
Manufactured home parks and subdivisions are not permitted.
D.
To the extent practical, the two-family
and multifamily portions of a planned residential development shall
be developed more toward the interior rather than the periphery of
the tract so that the single-family detached residences border adjacent
properties. To the extent this is not practical and two-family and
multifamily development is located on the periphery of the tract,
then these units shall be screened from adjacent single-family development
in accordance with requirements established by the Planning Commission.
The purpose of community appearance
standards is to promote public health, safety, and welfare. Economic
objectives include enhancement and preservation of property values.
These standards are not intended to restrict imagination or variety
but rather to assist in focusing on design principals which can result
in creative solutions that will develop a satisfactory visual appearance
within the Town.
A.
Development subject to community appearance
standards. All new development and/or redevelopment within the Town,
except single-family detached housing, shall be subject to the performance
standards designated in this section.
B.
Process for review. The Planning Commission
and/or Board of Appeals shall review site plans as required to ensure
the standards specified in this section are met. These standards are
in addition to other regulations in this chapter.
C.
Relationship of buildings to site.
(1)
The site shall be planned to accomplish
a desirable transition with the streetscape and to provide for adequate
planting, safe pedestrian movement, and parking areas.
(2)
Site planning in which setbacks and yards
are in excess of zoning restrictions is encouraged to provide an interesting
relationship between buildings.
(3)
Parking areas shall be treated with decorative
elements, building wall extensions, plantings, berms, or other innovative
means so as to screen parking areas from public ways.
(4)
Without restricting the permissible limits
of the applicable zoning district, the height and scale of each building
shall be compatible with its site and existing (or anticipated) adjoining
buildings.
(5)
Newly installed utility services and service
revisions necessitated by exterior alterations shall be underground.
D.
Relationship of buildings and site to adjoining
area.
(1)
Adjacent buildings of different architectural
styles shall be made compatible by such means as screens, site breaks,
and materials.
(2)
Attractive landscape transition to adjoining
properties shall be provided.
(3)
Harmony in texture, lines, and masses is
required. Monotony of design shall be avoided.
E.
Landscape and site treatment.
(1)
Where natural or existing topographic patterns
contribute to beauty and utility of a development they shall be preserved
and developed. Modifications to topography will be permitted where
they contribute to good appearance.
(2)
Grades of walks, parking spaces, terraces,
and other paved areas shall provide an inviting and stable appearance
for the pedestrian.
(3)
Landscape treatment shall be provided to
enhance architectural features, strengthen vistas and important axes,
and provide shade.
(4)
Unity of landscape design shall be achieved
by repetition of certain plant varieties and other materials and by
coordination with adjacent development.
(5)
Plant material shall be selected for interests
in its structure, texture and color, and for its ultimate growth.
Plants that are indigenous to the area and others that will be hearty,
harmonious to design, and of good appearance shall be used.
(6)
In locations where plants will be susceptible
to injury by pedestrian or motor traffic they shall be protected by
appropriate curbs, tree guards, or other devices.
(7)
Parking areas and traffic ways shall be
enhanced with landscaped spaces containing trees or tree groupings.
(8)
Where building sites limit planting, the
placement of trees in parkways, or paved areas may be required.
(9)
Screening of service yards and other places
that tend to be unsightly shall be accomplished by use of walls, fencing,
plantings, or combinations of these. Screening shall be effective
in winter and summer.
(10)
In areas where general planting will
not prosper, other materials such as fences, walls, and pavings of
wood, brick, stone gravel, and cobbles shall be used. Carefully selected
plants shall be combined with such materials where possible.
(11)
Exterior lighting, when used, shall enhance the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Refer to Article XXII, Outdoor Lighting, in this chapter.
F.
Building design.
(1)
Architectural style is not restricted,
except townhouses shall meet the standards set forth in the Denton
Pattern Book, prepared by Urban Design Associates, which is attached
to the Zoning Ordinance and copies of which are maintained in the
Town Office. The Pattern Book is intended to supplement existing applicable
design guidelines. Persons proposing townhouses should consult the
Denton Pattern Book and incorporate the design concepts and standards
into the proposed townhouse design. Failure to adhere to the design
principles set forth in the Pattern Book may be a basis for the denial
of the site plan by the Town. The Town may approve townhouses that
meet or exceed the goals and objectives of the Denton Pattern Book.
Evaluation of the appearance of a project shall be based on the quality
of its design and relationship to surroundings.
(2)
Buildings shall have good scale and be
in harmonious conformance with permanent neighboring development.
(3)
Materials.
(a)
Materials shall have good architectural
character and shall be selected for harmony of the building with adjoining
buildings.
(b)
Materials shall be of durable quality.
(c)
Materials shall be selected for suitability
to the type of buildings and the design in which they are used. Buildings
shall have the same material, or those that are architecturally harmonious,
used for all building walls and other exterior building components
wholly or partly visible from public ways.
(d)
In any design in which the structural
frame is exposed to view, the structural material shall be compatible
within themselves and harmonious with their surroundings.
(4)
Building components, such as windows, eaves,
doors, parapets, etc., shall have good proportions and relationships
to one another.
(5)
Colors shall be harmonious and shall use
only compatible accents.
(6)
Mechanical equipment or other utility hardware
on roof, ground, or buildings shall be screened from public view with
materials harmonious with the building, or they shall be so located
as not to be visible from public ways.
(7)
Exterior lighting shall be part of the
architectural concept. Fixtures, standards, and all exposed accessories
shall be harmonious with building design.
(8)
Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view of public ways using materials as stated in Subsection E(9).
(9)
Monotony of design in single- or multiple-building
projects shall be avoided. Variation of detail, form, and siting shall
be used to provide visual interest. In multiple-building projects,
variable siting of individual projects shall be used to prevent a
monotonous appearance.
G.
Miscellaneous structures and street hardware.
(1)
Miscellaneous structures and street hardware
shall be designed to be part of the architectural concept of design
and landscape. Materials shall be compatible with buildings, scale
shall be appropriate, colors shall be in harmony with buildings and
surroundings, and proportions shall be attractive.
H.
Maintenance planning and design factors.
(1)
Continued good appearance depends upon
the extent and quality of maintenance. The choice of materials and
their use, together with the types of finishes and other protective
measures, shall be conducive to easy maintenance, upkeep, and longevity.
(2)
Materials and finishes shall be selected
for their durability and wear as well as for their beauty. Proper
measures and devices shall be incorporated for protection against
the elements, neglect, damage, and abuse.
(3)
Provisions for washing and cleaning of
buildings and structures, and control of dirt and refuse, shall be
incorporated in the design. Configurations that tend to catch and
accumulate debris, leaves, trash, dirt, and rubbish shall be avoided.
Adult assisted living development (townhouses or multifamily units) is a permitted use in the Mixed Residential (MR) District, and a special exception use in the General Commercial (GC) and Central Business Commercial (CBC) Districts. Adult assisted living development is subject to the community appearance standards (§ 128-85) and site plan review requirements (Article XXIII) contained in this chapter.
A.
Maximum permitted residential density is
12 dwelling units per acre.
B.
Dwelling units may be detached or attached.
Attached units are permitted, provided that not more than six dwelling
units shall be included in any one townhouse structure and not more
than 12 dwelling units are included in any one multifamily structure
(apartments). The Planning Commission may vary the maximum number
of attached dwelling units in any one structure on the basis of review
of the building design.
C.
The front and rear facades of dwelling
units in a townhouse structure containing between three and six attached
dwelling units shall be varied by changed yards of not less than three
feet and variation in materials or design so that no abutting units
will have the same front yard depth and the same, or essentially the
same, architectural treatment of facades and rooflines.
D.
A minimum of 15% of the net site area shall be set aside as usable open space for the enjoyment and use of residents. Common open space shall be maintained in accordance with Article XVII, Common Open Space. A community building of suitable size for the development's population shall be provided in addition to the common open space required.
E.
The minimum floor area for individual dwelling
units shall be 600 square feet.
F.
Parking requirements shall be one space
per dwelling unit. Off-street parking areas shall be located in close
proximity to dwelling units. Three spaces shall be provided for the
community building.
G.
All adult assisted living developments,
regardless of their location, shall be required to provide street
and property line bufferyards. The Planning Commission shall determine
which types of bufferyards are required based upon an evaluation of
existing or planned adjacent land uses.
H.
Provisions shall be incorporated as part
of the adult assisted living development to accommodate disabled residents
(e.g., rolled curbs at sidewalk and street or driveway intersections).
The Planning Commission may require any special design provisions
or improvements deemed necessary to accommodated disability needs.
I.
Adequate documentation shall be provided
to the Town which ensures that the housing development will be exclusively
for the occupation of adult assisted living tenants. The Town may
request written verification from the lending agency (e.g., Farmers
Home Administration) regarding any required conditions and standards
regarding the construction, operation, and management of the development.
J.
The purpose of this section is to provide
flexibility, consistent with the public health and safety, for the
development of adult assisted living housing in accordance with a
unified and coherent plan of development.
Child-care centers located in Industrial
(I) or Regional Highway Commercial (RHC) Zones must show each of the
following:
[Amended 4-2-2015 by Ord. No. 667]
Child or adult care centers may be
permitted with conditions and site plan approval by the Planning Commission
in the SR, TR, MR, MI, GC, CBC, CM, RHC, PN, and RP Districts.
A.
Applicants for child-care centers shall
meet requirements of the Maryland State Board of Education, Code of
Maryland Regulations (COMAR) Title 13A, and local health departments.
Applicants for adult care centers shall meet the requirements of the
Maryland Department of Health and Mental Hygiene. Applicants for senior
centers shall meet the monitoring guidelines of Upper Shore Aging,
Inc.
B.
A child-care center shall not have more
day-care children than the number which appears on the certificate
of registration issued by the Maryland State Board of Education. A
copy of the license is required to be provided to the Department of
Planning and Codes.
C.
A site plan must be submitted showing existing
or proposed buildings, play/outdoor areas, fencing, parking, ingress
and egress, and with the following:
(1)
The Planning Commission may prescribe specific
conditions determined necessary to minimize effects of use on neighboring
properties given identification of concerns specific to a particular
site.
[Amended 4-2-2015 by Ord. No. 667]
A.
Applicants for family child-care shall
meet the requirements for child-care licensing of the Maryland State
Department of Education of Child Care, Code of Maryland Regulations
(COMAR) 13A.
B.
A family child-care shall not have more
day-care children than the number which appears on the certificate
of registration issued by the Maryland State Department of Education
of Child Care. A copy of the license must be provided to the Department
of Planning and Codes.
C.
Family child-care providers are required
to file an administrative site plan application with the Department
of Planning and Codes for approval prior to operating the child day
care.
[Amended 5-4-2015 by Ord. No. 669]
Health and dental care clinics of
less than 10,000 square feet of gross floor area may be permitted
as a special exception by the Board of Appeals in the SR, TR, MR and
PN districts, and as a permitted use subject to any conditions required
by the Planning Commission during site plan review in the CBC, GC,
CM, and RHC districts, subject to the following:
B.
Disposal of waste shall be through approved,
safe means and shall be separate from regular trash disposal.
C.
Accessory services, including laboratories
and pharmacies for the use of patients visiting medical practitioners
in the clinic, shall be permitted as part of the clinic facility,
subject to the following specific conditions:
(1)
All entrances to parts of the building
in which these accessory services are provided shall be from within
the building and any direct access from the street is prohibited.
(2)
The hours during which these services are
provided shall be the same as those during which medical practitioners
are receiving patients.
A group home or halfway house for
nine to 16 individuals may be permitted as a special exception by
the Board of Appeals in the districts, and a group home or halfway
house for criminal offenders may be permitted as a special exception
by the Board of Appeals in the districts, subject to the following:
A.
Such use will not constitute a nuisance
because of noise, vehicle traffic or parking, number of residents,
or any other type of physical activity.
B.
Such use will not, when considered in combination
with other existing group homes in the neighborhood, result in an
excessive concentration of similar uses in the same general neighborhood
of the proposed use.
C.
That any property to be used for a group
residential facility is of sufficient size to accommodate the proposed
number of residents and staff.
D.
That the site to be used as a group residential
facility for children provide ample outdoor play space, free from
hazard and appropriately equipped for the ages and number of children
to be cared for.
E.
In order to expedite decisions regarding
proposed group residential facilities, the Board shall give priority
consideration in scheduling public hearings and in deciding petitions
for such facilities.
F.
Nonconforming use. Where any child-care
residence for up to eight children or group home for developmentally
disabled people has been lawfully established at the same location
prior to the effective date of this chapter, such use shall not be
required to obtain a special exception.
G.
Applicants shall meet requirements of the
State Department of Health.
H.
The Planning Commission and/or Board of
Appeals may prescribe specific conditions determined necessary to
minimize effects of use on neighboring properties given identification
of concerns specific to a particular site.
I.
Parking and loading shall be provided at
the rear of the site.
J.
Adequate access to medical services, shopping
areas, recreational, and other community services often desired by
elderly and disabled people shall be available to residents or provided
on the site for residents.
K.
Business uses that are permitted as accessory
uses shall be integrated with the dwelling units and oriented towards
the interior of the project. No exterior signs or other evidence of
business facilities shall be visible from the periphery of the site.
L.
The project shall be designed to provide
a transition near the periphery of the site, either with open space
areas and landscaping or by designing the buildings near the periphery
to be harmonious in density and type with the surrounding neighborhood.
M.
Open space areas, recreational facilities,
and other accessory facilities shall be developed in each phase of
development to meet the needs of the residents. The developer shall
provide a schedule for the installation of facilities at the time
the special exception is approved.
[Amended 5-4-2015 by Ord. No. 669]
A.
Hospitals, health and dental care clinics
in excess of 10,000 square feet may be permitted as a special exception
by the Board of Appeals in the SR, TR, MR, and GC districts subject
to the following:
(1)
A lot or parcel or tract of land to be
used for a hospital or sanitarium building may be allowed upon a finding
by the Board that such use will not constitute a nuisance because
of noise, traffic, or number of people being cared for, that such
use will not affect adversely the present character or future development
of the surrounding residential community, and if the lot, parcel,
or tract of land on which the buildings to be used by such institution
are located conforms to the following minimum area, frontage, and
setback requirements, off-street parking, green area requirements,
and building height limit:
(a)
Total area: three acres minimum.
(b)
Frontage: 50 feet minimum.
(c)
All structures shall be located at
least 100 feet from any adjacent residential lot and 50 feet from
any other use.
(d)
All parking areas shall be located
at least 50 feet from any adjacent residential lot and shall be limited
to a minimum of parking in the front yard.
(e)
Accessory uses may include recreational
and educational services, therapy areas, retail stores, personal and
professional services, and health services, provided that use of these
facilities is limited to on-site patients and their guests.
(f)
Building height limit: as determined
by the Board of Appeals but in no case more than 50 feet.
(g)
Bufferyard "E" requirements applies to development adjacent to residential lots as established in Town Code Chapter 128, Appendix II.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Hospitals, health and dental care clinics
in excess of 10,000 square feet, and other medical treatment facilities
may be permitted in the CM and RHC districts subject to the following:
(1)
Site requirements:
(a)
Minimum lot area: as specified in
zone.
(b)
Minimum frontage: as specified in
zone.
(c)
Minimum setback: as specified in
zone.
(d)
Maximum building height: as determined
by the Planning Commission but in no case more than 100 feet.
(e)
Location of access on business district
street, arterial, or major highways.
A farm caretaker home shall comply
with all of the following requirements.
An assisted living, nursing or care
home (regulated by the Maryland Department of Health and Mental Hygiene's
Office of Health Care Quality) for more than eight people may be permitted
as a special exception by the Board of Appeals in the SR, TR, MR,
GC, RHC, and PN Districts and shall be permitted in the CM District,
provided:
A.
Such use will not constitute a nuisance
because of traffic, noise, or number of patients or people being cared
for; that, except for buildings completed prior to the time of adoption
of this section and additions thereto, such use will be housed in
buildings architecturally compatible with other buildings in the surrounding
neighborhood; that such use will not adversely affect the present
character or future development of the surrounding residential community;
and that such use can and will be developed in conformity with the
following minimum area, density, coverage, frontage, setback, access,
and screening requirements where specified.
B.
All care institutions hereafter established
and all additions to existing homes where nine or more people are
cared for:
(1)
Minimum lot area: as stated in the applicable
zone, but in no case less than one acre.
(2)
Maximum density: one bed per 600 square
feet of net lot area.
(3)
Maximum coverage: 60%.
(4)
Minimum lot frontage: 200 feet.
The Board of Appeals may permit as
a special exception a neighborhood center in an established neighborhood
where it is compatible with existing uses. Neighborhood centers shall
comply with the following design standards:
A.
Commercial uses in neighborhood centers
shall be limited to businesses that primarily cater to neighborhood
residents, such as small grocery stores, personal and professional
services, dry cleaners, video shops, cafes, tea rooms, small bakeries,
and other uses that are deemed appropriate by the Planning Commission
or Board of Appeals.
B.
Residential units may be included in commercial
structures, e.g., apartments over storefronts.
C.
The amount and scale of commercial development
in neighborhood centers does not significantly diminish the economic
viability of established commercial areas and does not detract from
the character or livability of the neighborhood. The size of individual
neighborhood center commercial building shall be limited to no more
than 3,000 square feet gross floor area.
D.
Neighborhood centers containing commercial
uses shall be separated by at least 1/4 mile, unless the neighborhoods
have sufficient population to make both centers economically viable
or comprise distinct trade areas.
E.
Neighborhood centers shall be located and
oriented to avoid glare, noise, aesthetic, and traffic impacts for
nearby residents.
F.
The scale, design, and exterior materials
of commercial structures in neighborhood centers shall be compatible
with surrounding residential structures.
G.
The primary entrance to commercial uses
shall be oriented to the street and the secondary entrance to the
parking lot, unless another arrangement would provide better access
from the neighborhood.
H.
Commercial and service buildings in neighborhood
centers shall be located at or very near the sidewalk edge, with direct
access along the street frontage.
I.
Parking spaces for the businesses at neighborhood
centers shall be provided both on-street and behind the buildings.
J.
The back side of neighborhood centers shall
be designed so to be inviting to pedestrians and provide direct access
from the neighborhood.
[Amended 5-4-2023 by Ord. No. 743, effective
5-14-2023]
A.
Multifamily housing in the Central Business
Commercial Zone, at a minimum, shall comply with the following design
standards:
(1)
There must be adequate off-street parking.
(2)
Build-up and build-to lines apply to structures.
(3)
It must meet minimum landscape requirements.
(4)
In addition to the design standards set
forth in this section, townhouses shall meet the standards set forth
in the Denton Pattern Book, prepared by Urban Design Associates, which
is attached to the Zoning Ordinance and copies of which are maintained
in the Town office. The Pattern Book is intended to supplement existing
applicable design guidelines. Persons proposing townhouses should
consult the Denton Pattern Book and incorporate the design concepts
and standards into the proposed townhouse design. Failure to adhere
to the design principles set forth in the Pattern Book may be a basis
for the denial of the site plan by the Town. The Town may approve
townhouses that meet or exceed the goals and objectives of the Denton
Pattern Book.
B.
Apartments. The following regulations shall
apply to apartments (including condominiums) in any district where
apartments are permitted:
C.
Multi-family buildings: condominiums, townhomes,
duplexes, and mixed-use buildings with separate ownership of roof
structures and shingles must be designed and built with a vertical
plane clearly delineating the roofline of each unit. The roofs shall
not be on a common plane without being divided by a parapet, or an
approved preformed vertical metal flashing with a minimum of 1 inch
rise and 8-inch horizontal extensions, installed from eave to ridge.
Roofs designed with a minimum 6-inch step would also meet the requirements
of delineation.
[Added 12-11-2023 by Ord. No. 750, effective 12-21-2023
D.
The
following are exempt from § 128-95(C):
[Added 12-11-2023 by Ord. No. 750, effective 12-21-2023]
a.
Any multifamily building in a condominium
regime that establishes roof structures and shingles as a common element
to be repaired or replaced as a common expense.
b.
Any multifamily building containing townhouses
or duplexes whose roof structures and shingles are to be repaired
or replaced by a homeowners association as a common expense of the
owners of the townhouses or duplexes as provided in a recorded declaration
of covenants and restrictions.
A.
Viewing booths and live viewing booths
are prohibited in all zoning districts.
B.
In addition to any buffer, bufferyard,
setback, or other design criteria generally applicable to permitted
uses in the Industrial Zoning Districts, an adult-oriented business
must meet the following setback criteria:
(1)
The closest portion of a building
or structure in which an adult-oriented business is located shall
not be within 1,000 feet of the boundary of any parcel of land that
is zoned residentially.
(2)
The closest portion of a building
or structure in which an adult-oriented business is located shall
not be within 1,000 feet from the boundary of any parcel of land containing
a school, place of worship, park or recreation facility, day-care
center, or day-care home.
(3)
For the purposes of this section,
measurement shall be made in a straight line, without regard to intervening
structures or objects.
(4)
A lawfully operating adult-oriented business shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult-oriented business license pursuant to Denton Town Code § 30-4, of a residential zoning district, school, place of worship, park or recreation facility, day-care center, or day-care home within buffer distances provided for above.
C.
An adult-oriented business shall provide
or cause to be provided, for all exterior areas, including, but not
limited to, parking lots or areas, loading docks, and sidewalks, sufficient
lighting to illuminate the exterior areas of the business to an illumination
level of not less than two footcandles and shall be equipped with
video surveillance cameras that monitor the exterior portions of the
premises from a management station located within the business.
D.
An adult-oriented business may not erect
a fence, wall, or other barrier that prevents any portion of the parking
lot(s) for the establishment from being visible from a public right-of-way.
E.
An adult-oriented business must post appropriate
signage prohibiting parking at the premises for persons other than
patrons of the business and prohibiting the use of the exterior of
the premises for other than ingress, egress, parking, and solid waste
deposit/processing for bona fide employees and patrons of the business.
F.
In the case of adult-oriented businesses
other than adult book or video stores, and to the extent not regulated
under Article 2B of the Annotated Code of Maryland (or successor provisions
thereof), said businesses shall be constructed and maintained in such
manner that the conduct, promotion, delivery, provision, or performance
of adult entertainment or material is not visible in any way or manner,
or to any degree, from outside the building.
G.
No adult-oriented business may be conducted
on the same parcel as, in the same building as, or in conjunction
with any hotel, motel, motor court, motor hotel, lodge, inn, bed-and-breakfast
facility, boardinghouse, or in any structure or portion thereof not
generally open to the public and freely accessible to patrons at all
times.
H.
An adult-oriented business shall not have
displayed on or about the exterior of any building in, or premises
on, which an adult-oriented business is located any sign, advertisement,
or depiction visible to the general public, wherever located, containing
any adult-oriented entertainment or material.
A.
All farmers' markets and their vendors
shall comply with all federal, state, and local laws relating to the
operation, use and enjoyment of the market premises.
B.
All farmers' markets and their vendors
shall obtain all required operating and health permits, and these
permits (or copies) shall be in the possession of the farmers' market
operator or the vendor, as applicable, on the site of the farmers'
market during all hours of operation.
C.
All farmers' markets shall have a representative
of the operator authorized to direct the operations of all vendors
participating in the market on the site of the market during all hours
of operation.
D.
All farmers' markets shall establish and
maintain rules of operation governing the eligibility of vendors,
products that may be sold, conduct of vendors, set up of the market,
etc.
Peddlers' activities are allowed
in the districts that permit such use. Peddlers shall be licensed
by the Town and comply with all requirements.
