Town of Denton, MD Article XIII Density and Dimensional Regulations

§ 128-109 Minimum lot size.

A. The Planning Commission may reduce the minimum lot area and dimensions required for a lot or lots proposed for detached single-family residential dwellings in the SR, TR, CBC, and MR Zoning Districts upon a finding that:

[Amended 6-4-2015 by Ord. No. 671]

(1) The proposed reduction shall result in residential development that is compatible and harmonious with existing and planned land uses in the area and no lot will be created that is so narrow or otherwise so irregularly shaped that it would be impractical to construct a residence thereon; or

(2) The proposed reduction shall result in residential development that is compatible and harmonious with existing and planned land uses in the area and reasonable development of a proposed development site is limited by existing natural site features such as nontidal wetlands, floodplain, or other sensitive area. Reasonable development, for the purpose of this section, does not guarantee maximum possible development under this chapter. Achieving the maximum possible density is not sufficient justification alone to permit a reduction in the minimum lot area and dimensions.

B. The reduction in lot size and dimensions allowed shall be the minimum required in all cases and shall not result in any lot for a detached single-family residential dwelling that has an area of less than 5,000 square feet. In no case shall this provision be construed as permitting a density in excess of the maximum permitted residential density set forth in § 128-117.

C. All lot size or dimension reductions shall be noted on any recorded subdivision plat.

§ 128-110 Residential density.

A. Subject to §§ 128-109 and 128-116, and Subsection B below, every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the Table of Density and Dimensional Regulations (§ 128-117). The column entitled "Residential Density: Maximum Dwelling Units Per Acre" shall be used to determine the number of dwelling units permissible on a tract of land.

B. Two-family conversions and primary residences with an accessory apartment shall be allowed only on lots having at least 150% of the minimum square footage required for one dwelling unit on a lot in such district.

§ 128-111 Minimum lot widths.

A. No lot shall be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

(1) Could be used for purposes that are permissible in that zoning district; and

(2) Could satisfy any applicable setback requirements for that district.

B. Without limiting the generality of the foregoing standard, the Table of Density and Dimensional Regulations (§ 128-117) indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection A. The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.

§ 128-112 Building setback requirements.

A. Subject to §§ 128-113[1] and 128-116 and the other provisions of this section, no portion of any building shall be located on any lot closer to any lot line or to the street right-of-way line than is authorized in the Table of Density and Dimensional Regulations (§ 128-117).

(1) If the street right-of-way line is readily determinable (by reference to a recorded map, set markers, or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street center line, and 15 feet shall be added to the setback depth indicated in the table.

(2) As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets.

(3) As used in this section, the term "building" includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

(a) Gas pumps and overhead canopies or roofs.

(b) Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six feet in height and are substantially opaque.

(4) Notwithstanding any other provision of this chapter, a sign may be erected on or affixed to a structure that has a principal function that is something other than the support of the sign (e.g., a fence), but does not constitute a building as defined in this chapter, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located.

(5) Setbacks for freestanding signs shall be 1/2 the distance required for building setbacks.

(6) Accessible ramps or accessories required to comply with the Americans with Disabilities Act are exempt from the building setback requirements.

[Added 6-4-2015 by Ord. No. 671]

[1] Editor’s Note: Section 128-113 was repealed 3-2-2017 by Ord. No. 683, effective 3-9-2017.

B. Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.

C. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

D. Whenever a private road that serves more than three lots or more than three dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:

(1) If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the center line of the private road just as if such road were a public street.

(2) If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes shall be measured from the inside boundary of the traveled portion of the private road.

§ 128-113 (Reserved) [1]

[1] Editor’s Note: Former § 128-113, Accessory building setback requirements, was repealed 3-2-2017 by Ord. No. 683, effective 3-9-2017. See now § 128-26.

§ 128-114 Building height limitations.

A. For purposes of this section:

(1) The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

(2) A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than 75% are regarded as walls.

B. Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as indicated in the Table of Density and Dimensional Regulations (§ 128-117).

C. Subject to Subsection D, the following features are exempt from the district height limitations set forth in Subsection B:

(1) Chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage.

(2) Flagpoles and similar devices.

(3) Heating and air-conditioning equipment, solar collectors, and similar equipment, fixtures, and devices.

D. The features listed in Subsection C are exempt from the height limitations set forth in Subsection B if they conform to the following requirements:

(1) Not more than 1/3 of the total roof area may be consumed by such features.

(2) The features described in Subsection C(3) above must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached.

(3) The Planning Commission authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in Subsections C(1) and (2) from view.

E. Notwithstanding Subsection B, in any zoning district, the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multifamily residential building containing four or more dwelling units may not exceed 50 feet unless the Fire Chief certifies to the permit-issuing authority that such building is designed to provide adequate access for fire-fighting personnel or the Building Inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire.

F. Towers and antennas are allowed in all zoning districts to the extent authorized elsewhere in this chapter.

§ 128-115 (Reserved)

§ 128-116 Density on lots where portion dedicated to Town.

A. Subject to the other provisions of this section, if any portion of a tract lies within an area designated on any officially adopted Town plan as part of a proposed public park, greenway, or bikeway, and before the tract is developed, the owner of the tract, with the concurrence of the Town, dedicates to the Town that portion of the tract so designated, then when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section.

B. If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of §§ 128-115 and 128-116, except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the Town in accordance with Subsection A.

C. If the proposed use of the remainder is a two-family or multifamily project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.

D. If the portion of the tract that remains after dedication as provided in Subsection A is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the density bonus provided for in Subsections B and C.

§ 128-117 Table of Density and Dimensional Regulations.

The Table of Density and Dimensional Regulations, Appendix VIII, is included at the end of this chapter.

§ 128-118 Notes to Table.

The notes to the table may be found with the table, Appendix VIII, at the end of this chapter.