Town of Denton, MD Supplementary Height, Area and Bulk Requirements

Every part of a required yard shall be open to the sky, except as authorized by this article, and except ordinary projections of sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required yard, and at a height not creating an obstruction along any public way, street, or thoroughfare.

In the event that a lot is to be occupied by a group of two or more related buildings to be used for residential, institutional, hotel, or motel purposes, there may be more than one main building on the lot when such buildings are arranged around a court having a direct street access; provided, however, that said court between buildings that are parallel or within 45° of being parallel, shall have a minimum width of 20 feet for one-story buildings, 40 feet for two-story buildings, and 50 feet for three-story buildings, and, in no case may such buildings be closer to each other than 15 feet; where a court having direct street access is more than 50% surrounded by a building, the minimum width of the court shall be at least 30 feet for one-story buildings, 40 feet for two-story buildings, 50 feet for three-story buildings, and 60 feet for buildings four or more stories in height.

Ornamental walls, fences, or hedges not more than four feet in height may project into or enclose any required front or side yard to a depth from the street line equal to the required depth of the front yard. Ornamental fences or walls may project into or enclose other required yards, provided such fences and walls do not exceed a height of seven feet. Walls, fences or hedges shall not create an obstruction of vision for oncoming traffic along roads as specified in § 128-122 or create an obstruction or hinder access to stormwater management systems or other similar devices required to be maintained.

(4)

Permanently fixed, accessory, open, and uncovered home barbecue grills may occupy a rear yard, provided that the rear setback shall not be located closer than five feet to the rear lot line and three feet to a side lot line.

(5)

Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided that such accessory building does not occupy more than 30% of the area of the required rear yard and provided that it is not located closer than five feet to the rear lot line and not closer than three feet to a side yard lot line.

(6)

Accessory swimming pools, open and uncovered, may occupy a rear or side yard, provided they are not located closer than six feet to a rear lot line or 10 feet to a side lot line.

(7)

A satellite antenna larger than 24 inches in diameter may be erected in a rear yard only as an accessory use subject to the following restrictions:

(a)

May only be erected after construction of principal structure and after obtaining a building permit. Satellite antennae are encouraged to be located as close as reasonably possible to the principal structure for screening and concealment from view.

(b)

Normally, only one antenna shall be erected per principal building. Where more than one satellite antenna is necessary, the Planning Commission shall require screening to the maximum extent possible.

(c)

May be erected as a freestanding structure mounted on the ground and thoroughly stabilized and tied down in accordance with best building practices and conformance with the latest code regulating installation.

[1]

A satellite antenna may be mounted on the roof of a building if used for educational purposes relating to a public or private school or a public service operation. Satellite antennas shall be screened or located to minimize view from any public way, street, or thoroughfare.

[2]

For purposes of this section, a private school shall be a private educational facility which meets state accreditation for education.

[3]

For purposes of this section, a public service operation shall be determined by the Town but may include such agencies as police, fire, governmental, and health services.

[4]

Must be constructed by a recognized manufacturer in the trade and be professionally installed, meeting all safety standards of the Federal Communications Commission and be U.L. approved.

[5]

Shall be reasonably screened or located to minimize view from the public thoroughfare and the ground level of adjacent properties. All screening shall be maintained as originally approved and, if not so maintained, any permit granted for the satellite is subject to revocation.

[6]

Height, area, and bulk requirements shall be:

[a]

Maximum height: 10 feet from ground to highest point of installed antenna.

[b]

Maximum diameter: eight feet.

[c]

Minimum rear setback: distance equal to the height of the satellite (maximum 10 feet).

[d]

Minimum side setback: distance equal to the height of the satellite or the required side setback for the principal structure, whichever is greater.

(d)

Antennas less than 24 inches in diameter may be mounted on the roof of a building of a noneducational or public and semipublic services nature. Satellite antennas shall be screened or located to minimize view from any public way, street, or thoroughfare.

(e)

Properties within the Historic District require review and approval as to placement and screening of antenna.

B.

Front yards.

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

On through lots, the required front yard shall be provided on each street.

There shall be a front yard of 25 feet on the side street of a corner lot; provided, however, that the buildable width of a lot of record shall not be so reduced so as to render it unusable. The Director of Planning shall be guided by the pattern of development in the vicinity of the lot in question in determining which is the side street, and the appropriate setback for such lots of record.

(4)

Where 25% or more of the street frontage, or where 25% or more of the street frontage within 400 feet of the property in question, is improved with buildings that have a front yard (with a variation of six feet or less) that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a depth of front yard of more than 50% in excess of the depth of the required front yard in the district in which the lot is located shall not be required. Where 40% or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage.

(5)

The Planning Commission may establish a build-to line in existing residential neighborhoods where the majority of existing residences are located close to the street. Where established, the build-to line shall dictate the placement of a building or structure from the street right-of-way line on which the building fronts. On a corner lot, the build-to line applies to both sides of the lot which have street frontage. The front porch shall be placed on the build-to line. Variations of 25% of the distance from the street right-of-way to the build-to line may be permitted to create variety in streetscape. Whenever a building does not front on a right-of-way, the build-to line shall be measured from the edge of the pavement of an accessway in front of or on the side of the building.

C.

Side yards.

Where dwelling units are erected above business structures in business districts, no side yards are required except such side yards as may be required in the district regulations for a business or industrial building.

For the purpose of the side yard regulations, a group of business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

The minimum depth of side yards for schools, libraries, churches, community houses, and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a business or industrial district, in which case the depth of that yard shall be as required in the chart of Article XIII for the district in which the building is located.

D.

Rear yards. Open or partially or semienclosed fire escapes, outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues may project into the required rear yards for a distance of not more than five feet, but only where the same are so placed as not to obstruct light and ventilation.

E.

Authority to vary setbacks. For all infill and redevelopment applications in the TR, MR, MI, RA, and SR Districts, the Planning Commission may vary the front yard, side yard or rear yard setbacks set forth in this chapter if it finds that:

The property owner complies with the Town's Residential Infill and Redevelopment Guidelines. See Appendix IV at the end of this chapter; and

The proposed setbacks do not affect the privacy, sunlight or views of the adjacent property, nor restrain the potential of the adjacent property for future development.

No sign, fence, wall hedge, planting, or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 20 feet distant from the intersection of the street unless otherwise approved by Planning Commission or the Director of Planning.

If the owner of a lot in any district can show that the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to width of lots and lot area per family, the provisions of such lot area per family and lot width regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.

A.

Conversion of any nonresidential building existing at the time of passage of this chapter, so as to permit the housing of any number of families, is permitted, provided there is substantial compliance with the yard requirements for the district and compliance with:

The use regulations of the zoning district in which the building is located;

The lot area per unit requirement; and

The off-street parking requirement.

B.

Where the above conditions are not met but there is compliance with the use regulations of the district, the conversion may be permitted only if a variance is granted by the Board of Appeals in accordance with the standards of this chapter.

A.

Fences, walls, and hedges.

Corner visibility: Any sign, fence, wall, hedge, planting or other obstruction to vision located at a corner of two streets shall be limited in height to three feet from road grade.

Front yard: Any fence or wall located in the front yard shall be limited in height to four feet from road grade, except in I/MI Districts where a fence seven feet high from road grade may be erected 20 feet from the front property line.