Town of New Windsor, MD Article XV Exceptions and Modifications

§ 215-87 Lot of record.

When a lot which is an official lot of record at the time of adoption of this chapter does not comply with the area, yard or other requirements of this chapter, an application may be submitted to the Board of Appeals for a variance from the terms of this chapter in accordance with the procedure outlined in § 215-96. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the Board of Appeals.

§ 215-88 Exceptions and yard requirements.

A. Allowable projections of structures into yards and other exceptions to yard requirements. Except as otherwise provided herein, architectural features of buildings, such as window sills, cornices, roof overhangs and unenclosed porches, open fire escapes, fireproof outside stairways, chimneys and flues may project into the required yard not more than six feet. Ground floor terraces, patios or attached raised or elevated decks may extend into the rear yard, not, however, to within six feet of either side lot line.

B. Side yards not required for second story residential uses in nonresidential structures. Side yards shall not be required for residential dwellings erected above commercial structures.

C. Allowable projections of business structures into yards. Signs, awnings, canopies and marquees as attached to and part of a building may project into the front yard in the commercial districts only.

D. Allowable projections of accessory buildings into yards. Accessory buildings may project into yards, provided that the building does not occupy more than 30% of the rear yard; when more than 10 feet from the building and 60 feet from the front yard, it may project into the side or rear yards, provided that it projects no closer than six feet to the side or rear lot lines; and garage accessory buildings entered from an alley or street, in case of double frontage lots, are not closer than 10 feet to the street or alley line.

E. Allowance projections of fences into yards. Fences may be constructed in or project into yards, provided that no fence or planting more than three feet high shall be located within 30 feet of a street intersection, no fence more than four feet high may be located closer to the front of the lot than the principal building and no fence more than six feet high shall be allowed on any other part of the lot.

§ 215-89 Exceptions to height limitations.

A. Public and semipublic buildings may exceed height limitations. Public buildings, churches, temples, hospitals and institutions may exceed the height limits to a total height of 70 feet, provided that all yards required in the particular district are increased one foot for each two feet in excess of the height limitation.

B. Architectural or mechanical appurtenances may exceed height limitations. Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, grain elevators or other such architectural and mechanical appurtenances are exempt from height regulations.

C. Storage buildings need not comply with story limitations. Storage buildings are exempt from the story limitations, but not the number-of-feet limitation.