A.
Every building hereafter created, reconstructed, converted, moved
or structurally altered shall be located on a lot of record, and in
no case shall there be more than one principal building on one lot
except as provided below:
B.
Construction of any building or portion thereof outside the buildable
area of the lot shall not be permitted.
C.
Access to public street. Every lot shall front on a public street
and shall have the minimum width at the building setback line required
for the zoning district. No panhandle lot shall be permitted. All
new dwellings will be constructed on an improved public street and
have access to a sidewalk on either or both sides of the improved
street in front of the residence.
D.
Sight triangle.
(1)
Except in instances where traffic visibility is not impacted due
to one-way traffic patterns, no sign, fence, wall, hedge, planting,
structure, unit or other temporary or permanent obstruction to vision,
extending to a height in excess of three feet above the established
street grade, shall be erected, planted, placed or maintained within
the sight triangle of an intersection.
(2)
Where an intersection is formed with a state road, state sight distance
criteria shall also be applied. (See Appendix B.)[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
Poles, posts and guys for streetlights and other utility services
shall not be considered obstructions to vision within the meaning
of this subsection.
Table I specifies the minimum lot area, width and yard requirements
to be provided in the various residential zoning districts for the
principal uses enumerated. Table II specifies the minimum lot area,
width and yard requirements to be provided in the various commercial
and industrial zoning districts for the principal uses enumerated.
Table III specifies the minimum lot area, width and yard requirements
for various institutional uses enumerated.
A.
Division of building, parcel or lot. Division of existing buildings,
parcels or lots shall not be permitted if the proposed division would
create buildings or lots which do not comply with the requirements
of this section.
B.
Lack of public facilities. In any district where either a public
water supply or public sanitary sewer is not accessible and where
an acceptable community water supply and sewerage system is not provided,
the required lot areas shall be determined in accordance with applicable
State Department of Health and Mental Hygiene and Maryland Department
of the Environment regulations, unless such regulations require a
lot size less than the minimum otherwise specified for in the zoning
district.
[Amended 6-7-2021 by Ord. No. 21-O-09]
|
Table I: Lot Area, Lot Width and Yard Requirements for
Residential Zoning Districts
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Side Yards
| ||||||||
|
Uses
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Lot Area Per Family
|
Front Yard Depth
(feet)
|
Rear Yard Depth
(feet)
|
Least Width
(feet)
|
Sum of Widths
(feet)
| |
|
Dwelling, detached, single-family R-1
|
15,000
|
100
|
15,000
|
40
|
50
|
15
|
30
| |
|
Dwelling, detached, single-family, accessory apartment R-1
|
25
| |||||||
|
Dwelling, detached, single-family R-2
|
7,200
|
60
|
7,200
|
30
|
40
|
10
|
20
| |
|
Dwelling, detached, single-family, accessory apartment R-2
|
20
| |||||||
|
Dwelling, detached, single-family R-3
|
5,000
|
50
|
5,000
|
25
|
35
|
7
|
14
| |
|
Dwelling, detached, single-family, accessory apartment R-3
|
20
| |||||||
|
Dwelling, duplex R-2
|
9,000
|
80
|
4,500
|
30
|
40
|
14
|
28
| |
|
Dwelling, duplex R-3
|
7,000
|
70
|
3,500
|
25
|
35
|
12
|
24
| |
|
Dwelling, apartments R-3
|
7,500
|
75
|
2,500
|
25
|
35
|
10
|
25
| |
|
Dwelling, zero lot line R-2
|
5,500
|
55
|
5,500
|
30
|
40
|
0
|
25
| |
|
Dwelling, zero lot line R-3
|
4,500
|
50
|
4,500
|
25
|
35
|
0
|
20
| |
|
Dwelling, stacked townhouse
|
2,100
|
24
|
2,100
|
25
|
35
|
0
|
0
| |
|
Dwelling, townhouses, per unit R-3, for interior units
|
2,000
|
20
|
2,000
|
25
|
35
|
0
|
0
| |
|
Dwelling, townhouses, per unit R-3, for end units
|
2,000
|
24
|
2,000
|
25
|
35
|
15
|
30
| |
|
Table II: Lot Area, Lot Width and Yard Requirements for
Commercial, Industrial and Integrated Business Zoning Districts
| |||||||
|---|---|---|---|---|---|---|---|
|
Side Yards
| |||||||
|
Uses
|
Lot Area
(acres)
|
Lot Width
(feet)
|
Front Yard Depth
(feet)
|
Rear Yard Depth
(feet)
|
Least Width
(feet)
|
Sum of Widths
(feet)
| |
|
B-1
|
N/A
|
50
|
25
|
25*
|
*
|
*
| |
|
B-2
|
N/A
|
50
|
5
|
10*
|
*
|
*
| |
|
B-3
|
N/A
|
50
|
5
|
25*
|
*
|
*
| |
|
M-1
|
1
|
200
|
50
|
50*
|
25*
|
50*
| |
|
M-2
|
1
|
200
|
50
|
50*
|
30*
|
70*
| |
|
IBD
|
N/A
|
N/A
|
25
|
25
|
10
|
20
| |
|
*
|
See § 235-30, Landscaping, outdoor lighting and buffer yards.
|
|
Table III: Lot Area, Lot Width and Yard Requirements for
Specific Institutional Uses
| |||||||
|---|---|---|---|---|---|---|---|
|
Side Yards
| |||||||
|
Uses
|
Lot Area
(acres)
|
Lot Width
(feet)
|
Front Yard Depth
(feet)
|
Rear Yard Depth
(feet)
|
Least Width
(feet)
|
Sum of Widths
(feet)
| |
|
Churches R-1
|
3
|
200
|
40
|
50
|
25
|
50
| |
|
Churches R-2
|
3
|
200
|
30
|
40
|
25
|
50
| |
|
Churches R-3
|
3
|
200
|
25
|
40
|
25
|
50
| |
|
Schools
|
3
|
200
|
40
|
50
|
25
|
50
| |
C.
Transit
Oriented Development District. This section is not applicable within
the Transit Oriented Development Districts.
A.
Every dwelling unit shall have a floor area not less than the area
specified in Table IV for the dwelling type and zoning district in
which it is located.
B.
Floor areas shall be measured from outside walls enclosing usable
finished floor space and shall not include unfinished basements, cellars,
garages, unfinished attic space, attached storage buildings, open
porches or steps.
[Amended 6-7-2021 by Ord. No. 21-O-09]
|
Table IV: Minimum Floor Area Requirements for Dwelling
Units
| |||
|---|---|---|---|
|
Area Required Per Unit
(square feet)
| |||
|
Dwelling Type
|
1 Story
|
1 1/2 to 2 1/2 Stories
| |
|
Dwelling, detached, single-family R-1
|
1,200
|
1,400
| |
|
Dwelling, detached, single-family R-2
|
900
|
1,000
| |
|
Dwelling, detached, single-family R-3
|
720
|
900
| |
|
Dwelling, duplex R-2
|
900
|
1,000
| |
|
Dwelling, duplex R-3
|
720
|
900
| |
|
Dwelling, apartments
|
500
|
500
| |
|
Dwelling, stacked townhouse
|
720
|
900
| |
|
Dwelling, townhouses
|
720
|
900
| |
|
Dwellings located in other than residential zoning districts
shall comply with the minimum floor area requirements of the R-3 Residential
District.
| |||
C.
Transit
Oriented Development District. This section is not applicable within
the Transit Oriented Development Districts.
D.
Dwellings
located in other than residential zoning districts shall comply with
the minimum floor area requirements of the R-3 Residential District
unless otherwise noted.
E.
Any permitted
accessory apartment shall not exceed 50% of the above-grade living
area of the principal use or structure as shown in the records of
the Maryland Department of Assessments and Taxation.
A.
Corner lots. The same front yard depth shall be required of both
front lot lines.
B.
Through lots. The same front yard depth shall be required of both
front and rear lot lines.
C.
Side and rear yard depth. The minimum side and rear yard depth shall
be measured in the following manner:
D.
For irregular lots, the front, rear and side yard widths shall be
measured from the portion of structure closest to the lot line.
E.
Exceptions and modifications to minimum requirements for projections
into yards. The following structures shall be allowed to project into
the minimum required yard setback not to exceed the following dimensions:
(1)
Awnings, canopies, cornices, eaves or other architectural features:
three feet.
(2)
Bay windows, balconies, chimneys, porches: three feet.
(3)
Uncovered stairs or necessary landings: six feet.
(4)
Patios and decks (not enclosed) not exceeding 240 square feet may
extend 15 feet into the rear yard setback.
F.
Fences may be located in required yards in accordance with the following:
(1)
Residential zoning districts.
(a)
Front yards. Fences shall not exceed four feet in height above
ground elevation. No walls or chain-link fences are permitted in the
front yard.
(b)
Rear and side yards. Fences shall not exceed six feet in height
above ground elevation and may be located in any rear or side yard.
(c)
All fences will be constructed with the finished side facing
the neighboring parcel or the street.
(d)
The use of barbed wire shall not be permitted in any residential
district.
(e)
Stormwater management facilities are required to be fenced and
gated in accordance with stormwater management regulations. In residential
districts, the fencing shall be approved by the Aberdeen Department
of Public Works and will complement the architectural features of
the neighborhood.
(f)
All fences shall be maintained in a structurally sound manner.
(2)
Commercial, or industrial zoning districts.
(a)
Chain-link security fences not exceeding a total of eight feet
in height above the elevation of the surface may be located around
commercial or industrial structures located in any commercial or industrial
district or around any public utility substation.
(b)
A barbed-wire guard not exceeding two feet in vertical height
may be added to such a fence, provided that no barbed wire may be
placed less than eight feet from the ground.
G.
Transit
Oriented Development District. This section is not applicable within
the Transit Oriented Development Districts.
C.
Exceptions and modifications to maximum height requirements.
(1)
General exceptions. The building height limitations shall not apply
to the following:
(a)
Fire or parapet walls, cell towers, steeples, flagpoles, and
radio and television antennas.
(b)
Bulkheads, roof structures, water tanks, ventilating fans or
similar mechanical equipment required to operate and maintain the
building.
(c)
Integrated Business District.
(d)
Transit Oriented Development Districts.
(e)
Hospitals.
[Added 8-27-2018 by Ord.
No. 18-O-26]
(2)
General
modifications in industrial districts. Grain elevators, gas holders,
and other similar structures may have a maximum height of 125 feet.
Whenever any building or structure adjoins or abuts a residential
district, such building or structure shall not exceed 60 feet in height
unless set back one foot from all required lot lines for each foot
of additional height above 60 feet.
A.
Generally. No structure shall be erected, substantially altered, or its use changed unless permanent off-street parking and loading spaces have been provided in accordance with this chapter. In the I-95 and Downtown Revitalization Overlay Districts and the Integrated Business District, the special parking provisions described therein will apply unless noted otherwise for specific uses. Parking requirements are specified for particular uses in Subsection B of this section. Issuance of any building permits or use and occupancy certificates shall not be granted until a plot plan showing such off-street parking as is herein required is submitted and approved by the Zoning Administrator. The number of parking spaces required shall be based on the gross floor area of the use, excluding incidental storage, mechanical areas, preparation areas, and common areas such as public corridors, stairwells, and elevators.
(1)
Parking requirements may be provided in attached or detached garages,
in off-street parking lots or on parking pads on the lot.
(2)
Each required off-street parking space shall measure a minimum of
nine feet in width by 18 feet in length. Parking spaces for the physically
handicapped shall meet the Americans with Disabilities Act (ADA).
(3)
In the B-1, B-2, and B-3 Districts, all commercial vehicles owned
or possessed by an owner of property or the owner’s tenants,
including vehicles used in connection with a business on the property,
must be parked in the rear of the property.
(4)
All parking areas, loading areas and driveways shall be constructed
of concrete or bituminous materials.
(5)
All parking areas shall be marked to provide orderly and safe loading,
parking, and storage.
(6)
Parking lot landscaping requirement: 10% of the required parking
area shall be landscaped. The parking area shall be set back a minimum
of five feet from collector road rights-of-way and 10 feet from arterial
road rights-of-way. A landscape plan will be required and prepared
by a licensed landscape architect and submitted to the Department
of Planning and Community Development for review and approval.
(7)
Common residential parking areas shall include access into adjoining
properties.
(8)
Two access points are required for more than 100 residential dwelling
units and hotels with more than 100 rooms.
(9)
The parking lot lighting shall be directed downward and not onto
adjacent properties.
(10)
Drive aisle widths shall be a minimum of 24 feet in width.
(11)
Shared parking facilities may be allowed after reviewing the
different uses within an individual building or adjacent buildings
or properties located within 500 feet of the subject property’s
boundaries based on a parking impact study provided by the developer(s)
or owner(s) establishing that the estimated peak demand for parking
required by the users will be satisfied due to differing hours of
peak demand. If approved, a shared parking plan shall be enforced
through written agreement and approved by the Zoning Administrator.
(a)
Agreement for shared parking plan. A draft copy of the agreement
between the owners of record shall be submitted to the Zoning Administrator,
who shall forward a copy to the City’s legal counsel for review.
After approval, the agreement shall be recorded in the land records
of Harford County and a copy presented to the Zoning Administrator
prior to issuance of a certificate of occupancy. The agreement shall:
[1]
List the names and ownership interest of all parties to the agreement
and contain the signatures of those parties;
[2]
Provide a legal description of the land;
[3]
Include a site plan showing the area of the parking parcel;
[4]
Describe the area of the parking parcel and designate and reserve
it for shared parking unencumbered by any conditions which would interfere
with its use;
[5]
Agree and expressly declare the intent for the covenant to run with
the land and bind all parties and all successors in interest to the
covenant;
[6]
Ensure the continued availability of the spaces for joint use and
provide assurance that all spaces will be usable to all participating
uses;
[7]
Describe the obligations of each party, including the maintenance
responsibility for the parking area and any open space;
[8]
Incorporate the parking impact study by reference; and
[9]
Describe the method by which the covenant shall, if necessary, be
revised.
(b)
Change in use. Should any of the shared parking uses be changed,
or should the Zoning Administrator find that any of the conditions
described in the approved parking impact study or agreement no longer
exist, the owner shall have the option of submitting a revised parking
impact study and an amended shared parking agreement in accordance
with the standards of this subsection, providing the number of spaces
required for each use as if computed separately.
(c)
Revocation of permits. Failure to comply with the shared parking
provisions of this subsection shall constitute a violation of this
chapter and shall specifically be cause for revocation of a certificate
of occupancy.
(12)
General requirements for parking lot/driveway design, construction,
and maintenance are as follows:
(a)
Parking areas shall be designed so that vehicles may exit such areas
without backing onto a public street. This requirement does not apply
to parking areas consisting of driveways that serve one or two dwelling
units, although backing onto arterial streets is discouraged.
(b)
Parking areas shall be designed so that sanitation, emergency, and
other public service vehicles can serve such developments without
the necessity of backing unreasonable distances or making other dangerous
or hazardous turning movements.
(c)
Parking areas shall be designed so that vehicles cannot extend beyond
the perimeter of any such area onto adjacent properties or public
rights-of-way. Such areas shall also be designed so that vehicles
do not extend over sidewalks or tend to bump against or damage any
wall, vegetation, or other obstruction. Bumper blocks or other means
may be required to ensure this provision.
(d)
Access to parking areas shall be designed so as not to obstruct free
flow of traffic. There shall be adequate provision for ingress to
and egress from all parking spaces to ensure ease of mobility, ample
clearance, and safety of vehicles and pedestrians.
(e)
Any required parking area shall be continually maintained in good,
serviceable condition with striping clearly visible so as to be safe,
attractive, and free of any hazard, nuisance or other unsafe condition.
Commercial parking areas shall be maintained to ensure customer safety.
All potholes or similar hazards shall be repaired promptly upon written
notification by the City. In no case shall such conditions exist for
more than 60 days.
B.
Parking space requirements. When determination of the number of required
parking spaces results in a fractional space, any fraction of 1/2
or less may be disregarded, while a fraction in excess of 1/2 shall
be counted as one parking space. Unless otherwise provided, the following
off-street parking space requirements shall apply:
[Amended 12-14-2020 by Ord. No. 20-O-18; 6-7-2021 by Ord. No. 21-O-09]
|
Required Off-Street Parking by Use/Activity
| |||
|---|---|---|---|
|
Use or Use Category
|
Spaces Required Per Unit
| ||
|
Residential
| |||
|
Age-restricted housing
|
2 spaces per dwelling unit
| ||
|
Apartment accessory to a commercial use
|
1.5 spaces per dwelling unit
| ||
|
Apartment accessory to primary residence
|
1 space per dwelling unit
| ||
|
Apartments/condos
| |||
|
1 bedroom
|
1.5 spaces per dwelling unit
| ||
|
2 bedrooms
|
2 spaces per dwelling unit
| ||
|
For each bedroom over 2
|
1 space per bedroom
| ||
|
Assisted living facility
|
1 space per staff and 1 space per 3 residents
| ||
|
Bed-and-breakfast
|
1 space per room or unit which is rented plus 1 space per employee
| ||
|
Continuing care facility
|
1 space per staff and 1 space per 2 residents
| ||
|
Day care (family)
|
2 spaces per dwelling unit plus 1 space per employee
| ||
|
Dwelling, detached, modular
|
2 spaces per dwelling unit
| ||
|
Dwelling, detached, single-family
|
2 spaces per dwelling unit
| ||
|
Dwelling, attached, single-family (duplex and townhouse)
|
2.5 spaces per dwelling unit
| ||
|
Dwelling, stacked townhouse
|
2.5 spaces per dwelling unit
| ||
|
Halfway house
|
1 space per staff person and 1 space per 2 residents
| ||
|
Personal care home
|
3 spaces per every 5 beds
| ||
|
Commercial
| |||
|
Agricultural machinery sales and service
|
1 space per 200 square feet of retail area plus 1 space per
800 square feet of storage area
| ||
|
Athletic facilities or clubs (indoor)
|
1 space per 200 square feet of gross floor area
| ||
|
Auction house
|
1 space per 6 seats or 1 space per 400 square feet, whichever
is greater
| ||
|
Automobile or boat sales/rental
|
1 space per 300 square feet of gross floor area (excluding storage
areas)
| ||
|
Automobile car wash
|
1 space per 2 employees plus 7 stacking spaces per washing lane
| ||
|
Automobile repair shop
|
1 space per 100 square feet for the station, minimum of 8
| ||
|
Automotive painting and body work
|
1 space per 200 square feet of gross floor area
| ||
|
Banks or financial institutions with or without drive-through
facilities
|
1 space per 300 square feet of gross floor area without drive-through
facilities and stacking for 4 vehicles at each drive-through lane
or automated teller machine (ATM)
| ||
|
Banquet facility
|
1 space per 3 seats, plus 1 space per every 1.5 employees
| ||
|
Brewpubs
|
1 space per 3 patron seats plus 1 space per employee
| ||
|
Bus station, train station, taxi depot and transit center
|
1 space per 200 square feet of gross floor area, minimum of
10 spaces per facility
| ||
|
Business services
|
1 space per 200 square feet of gross floor area, plus 1 space
per each full-time employee
| ||
|
Coliseums, arenas, stadiums and sports camp
|
1 space per 4 seats (restaurant/banquet/retail to be treated
separately)
| ||
|
Commercial, amusement, entertainment and recreational facilities
|
1 space per 300 square feet of gross floor area of any building;
golf course, 4 spaces per hole; bowling alley, 4 spaces per lane
| ||
|
Conference center
|
1 space per 4 seats (restaurant/banquet to be treated separately)
| ||
|
Construction services and suppliers
|
1 space per 200 square feet of retail area, plus 1 space per
800 square feet of storage area
| ||
|
Convenience retail establishment with accessory fuel pumps
|
1 space per 300 square feet of gross retail floor area plus
2 stacking spaces per side of each fuel pump island
| ||
|
Day-care center (group)
|
1 space per employee and 1 space per 10 children/students
| ||
|
Day spa
|
1 space per 100 square feet of gross floor area
| ||
|
Dental office
|
5 spaces per dentist
| ||
|
Dormitory
|
1 space per 2 beds
| ||
|
Fortune-telling
|
1 space per 200 square feet of gross floor area
| ||
|
Fuel storage facility
|
1 space per each employee at largest shift
| ||
|
Funeral home
|
1 space per 100 square feet of gross floor area
| ||
|
Greenhouse/nursery
|
4 spaces per 1,000 square feet of gross floor area
| ||
|
Heliports and helistops
|
1 space per pilot and passenger
| ||
|
Hotel, full-service/motel
|
1 space for every room plus 2 spaces for each management staff
(restaurant/banquet/retail in motel/hotel to be treated separately)
| ||
|
Kennel
|
1 space per 200 square feet of gross floor area
| ||
|
Liquor store
|
1 space per 200 square feet of gross floor area
| ||
|
Medical cannabis dispensary
|
1 space per employee at largest shift
| ||
|
Medical cannabis grower
|
1 space per employee at largest shift
| ||
|
Medical cannabis processor
|
1 space per employee at largest shift
| ||
|
Medical services
|
5 spaces per doctor
| ||
|
Microbreweries
|
1 space per 3 patron seats plus 1 space per employee
| ||
|
Mini-warehouse facilities
|
1 space per employee
| ||
|
Mobile home sales office
|
1 space per 300 square feet of gross floor area
| ||
|
Movie theaters
|
1 space per 4 seats
| ||
|
Nightclubs, lounges, bars and taverns
|
1 space per 3 persons permitted under the State Fire Code
| ||
|
Office building
|
1 space per 300 square feet of gross floor area
| ||
|
Open-air market (farm, craft and produce markets)
|
1 space per 200 square feet of lot area used for storage, display
or sales
| ||
|
Personal services
|
1 space per 200 square feet of gross floor area
| ||
|
Pet store
|
1 space per 200 square feet of gross floor area
| ||
|
Pharmacy with or without drive-through facilities
|
1 space per 200 square feet of gross floor area and stacking
for 4 vehicles at each drive-through lane
| ||
|
Radio and television station
|
1 space per employee at largest shift plus 4 visitor spaces
| ||
|
Restaurant
|
1 space per 3 patron seats plus 1 space per employee at largest
shift and 2 spaces for carry-out service (if needed)
| ||
|
Restaurant with drive-through facility
|
1 space per 3 patron seats plus 1 space per employee at largest
shift and 7 stacking spaces for drive-through window
| ||
|
Retail uses (unless specified otherwise)
|
1 space per 200 square feet of retail sales area
| ||
|
Shopping center
| |||
|
Under 400,000 square feet
|
4 spaces per 1,000 square feet
| ||
|
400,000 to 599,999 square feet
|
4.5 spaces per 1,000 square feet
| ||
|
600,000 square feet and above
|
5 spaces per 1,000 square feet
| ||
|
Tattoo parlors
|
1 space per 200 square feet of gross floor area
| ||
|
Truck repair, truck service station, or truck terminal
|
1 space per 200 square feet of gross floor area
| ||
|
Veterinary services
|
1 space per 300 square feet of gross floor area
| ||
|
Warehouse establishments
|
1 space per employee at largest shift
| ||
|
Welding and metal fabrication
|
1 space per 200 square feet of gross floor area
| ||
|
Wholesale establishments
|
1 space per employee at largest shift
| ||
|
Industrial
| |||
|
Any manufacturing use
|
1 space per employee at largest shift
| ||
|
Institutional
| |||
|
Art galleries
|
1 space per 400 square feet of gross floor area designated for
public use
| ||
|
Auditoriums/lecture halls/convention centers
|
1 space per 3 persons based on designed capacity of building
| ||
|
Community center
|
1 space per 250 square feet of gross floor area
| ||
|
Emergency medical service, fire station or police station
|
1 space per employee on largest work shift
| ||
|
Hospital, nursing and other medical treatment or skilled care
facilities
|
1 space per inpatient and/or outpatient bed plus 2 spaces per
3 employees on the largest work shift plus 1 space per staff doctor
| ||
|
Libraries and museums
|
1 space per 400 square feet of gross floor area for public use
| ||
|
Places of religious worship and affiliated schools
|
1 space per 3 seats in the main chapel plus 1 space for each
teacher
| ||
|
Public or governmental buildings
|
1 space per employee at largest shift and designated visitor
spaces
| ||
|
Public utilities
|
1 space per employee at largest shift and designated visitor
spaces
| ||
|
Schools, colleges and universities, elementary and secondary,
trade and vocational
|
1 space per 3 college or university students; 1 space per every
6 high school students; 1 space per every 15 elementary students
| ||
|
Social or fraternal clubs, lodges, union halls and similar uses
|
1 space per 3 persons permitted under Fire Code
| ||
C.
Off-street loading areas.
(1)
Any
use which regularly receives deliveries or shipments must provide
off-street loading areas in accordance with the requirements specified
below:
|
Gross Floor Area of Building
(square feet)
|
Number of Spaces Required
|
|---|---|
|
1,000 to 19,999
|
1
|
|
20,000 to 79,999
|
2
|
|
80,000 to 127,999
|
3
|
|
128,000 to 191,999
|
4
|
|
192,000 to 255,999
|
5
|
|
256,000 to 319,999
|
6
|
|
320,000 to 391,999
|
7
|
|
392,000 and more
|
8
|
(2)
Minimum
dimensions of 12 feet by 55 feet and overhead clearance of 14 feet
from street grade are required.
(3)
Loading
and unloading areas shall be so located and designed that the vehicles
intended to use them can maneuver safely and conveniently to and from
public rights-of-way and complete the loading and unloading operations
without obstructing or interfering with any public right-of-way, parking
space, parking lot aisle or pedestrianway.
(4)
No
loading and unloading areas may be used to satisfy the area requirements
for off-street parking, nor shall any portion of any off-street parking
area be used to satisfy the area requirements for loading and unloading.
(5)
Loading
spaces shall be located at least 50 feet from any residential use,
unless the loading space is totally enclosed within a building or
screened by a hedge, wall, or solid board fence at least six feet
in height.
D.
Parking and loading space reduction. A request for a reduction in
the number of required parking or loading spaces may be made by filing
an application for a waiver with the Zoning Administrator. Upon receipt
of an application for a parking or loading space waiver, a public
hearing shall be scheduled before the Board of Appeals. A waiver or
reduction of the parking and loading requirements in any district
may be permitted by the Board of Appeals whenever the character or
use of the building is such as to make full provision of the specific
parking and loading requirements unnecessary, or where adequate community
loading facilities are provided on site, or where, due to problems
of access or to the size of the lot, the provision of the required
loading spaces is impractical.
(1)
In
permitting such a waiver for new construction, the Board of Appeals
must find the following:
(2)
In
permitting such a waiver for existing buildings, the Board of Appeals
must find the following:
(a)
The proposed new use of the building would normally require fewer
spaces than the prior use;
(b)
The reduced number of spaces will be adequate to accommodate the
proposed use; and
(c)
Any such reduction in required spaces shall be restricted to such
proposed new use only and shall not operate to permit a later occupancy
of such building if the use is substantially changed or enlarged,
unless approved by the Board of Appeals.
(3)
A
copy of the Board of Appeals decision on any approved parking and
loading space reduction shall be attached to the building permit and/or
any certificate of occupancy permit.
E.
There
are no off-street parking requirements for the Transit Oriented Development
Districts.
A.
Outdoor storage in commercial, industrial, and TOD districts must
meet the following requirements:
(1)
Outdoor storage areas must be surrounded by a uniformly finished
fence or wall not to exceed the height of the building.
(2)
Such wall or fence shall be maintained in good repair.
(3)
The items being stored within the wall or fence shall not exceed
or be stacked to exceed the height of the wall or fence.
(4)
Storage of cars and trucks used in connection with the permitted
trade or business shall be permitted without restriction.
(5)
Trailers for storage or shipping containers shall be prohibited.
[Amended 2-22-2021 by Ord. No. 21-O-02]
B.
Storage of construction equipment is not permitted in the R-1, R-2,
R-3, B-1, IBD or TOD Districts.
C.
Temporary storage containers or similar storage units shall be permitted
for no more than 30 days with an approved building permit.
A.
Generally. Except as otherwise restricted by this chapter, customary
accessory structures and uses shall be permitted in any district in
connection with the principal permitted use within such district.
B.
No accessory use shall be permitted without a principal use.
C.
No accessory use or structure shall be established on any lot prior
to substantial completion of the construction of the principal structure.
D.
No accessory use or structure shall increase any impervious surface
area beyond the maximum permitted.
E.
No accessory use or structure on any lot shall be established within
the required front yard, except signs, fences, walls or parking area,
and projections or garages as specified in the exceptions and modifications
to minimum yard requirements.
F.
No accessory use or structure, except fences, shall be located within
any recorded easement area.
G.
An accessory structure shall be located at least six feet from any
other building on the same lot and at least six feet from side and
rear property lines.
H.
Accessory uses in residential districts. The following accessory
uses shall be permitted in residential districts:
(1)
Swimming pools shall be located not less than 10 feet from any side
or rear lot line. A walk space at least three feet wide shall be provided
around pool walls, and a safety fence with self-closing gate at least
four feet in height shall be installed. In the case of aboveground
pools more than three feet in height above the yard surface, no fence
is required. If the swimming pool is located within the side yard
it must be fully screened from adjacent properties and streets.
(2)
The office or studio of a physician or surgeon, dentist, artist,
lawyer, architect, engineer, teacher, or person engaged in a home
occupation as defined herein, provided that the individual concerned
resides on the premises and that not more than 25% of the entire floor
space on the lot shall be used for such purpose.
(3)
A private detached garage not exceeding 1,200 square feet.
(4)
The keeping of small animals, insects, reptiles, fish, or birds as
pets or for household use and not as a business shall be permitted.
The breeding, raising, or possessing of poultry or farm animals shall
not be permitted in any district. Notwithstanding the previous sentence,
chickens other than roosters or cockerels may be kept for household
use or as household pets in accordance with the following provisions:
[Amended 7-27-2020 by Ord. No. 20-O-08]
(a)
Number of chickens; lot requirements.
[1]
The number of chickens that may be kept on any lot may not exceed
six chickens for each 1/2 acre or portion of 1/2 acre of lot area;
[2]
The lot where chickens are kept shall be fenced to prevent chickens
from leaving the lot; and
[3]
A protective coop shall be maintained on the lot to provide shelter for the chickens. As used in this subsection, a "coop" means an enclosed accessory structure that houses chickens for nesting and shelter. The coop must be made of one or more of the following: treated lumber, composite materials or brick; and roofing on a coop may be made of one or more of the following: treated lumber, metal roof paneling or roofing shingles. The coop shall be at least three square feet per the number of chickens kept on the lot and shall be located in compliance with all locational requirements for an accessory structure as set forth in Subsection G of this section. Notwithstanding Chapter 210, Building Construction, of this Code, a building permit is not required for the construction and/or placement of a coop required by this subsection unless the coop exceeds 24 square feet.
(b)
A permit shall be established and issued to the homeowner by the
Department of Planning and Community Development, the cost of the
permit not to exceed $25, in order to keep a local record of residential
flocks and to cover code enforcement costs when applicable.
(5)
Doghouse for up to five dogs.
I.
Restrictions in residential districts.
(1)
The total number of accessory use structures shall not exceed two
and the total square feet of said structures shall not exceed 50%
of the square footage of the principal use or structure as shown in
the records of the Maryland Department of Assessments and Taxation.
(2)
Recreational vehicles, trailers, and boats shall be regulated in
the following manner:
(a)
BOAT
RECREATIONAL VEHICLE (RV)
TRAILER
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A vessel for transport by water constructed to provide buoyancy
by excluding water and shaped to give stability and permit propulsion.
Any camping trailer, motor home, travel trailer, truck camper
used primarily for recreational purpose, as well as vehicles including,
but not limited to, all-terrain vehicles, boats, snowmobiles, watercraft,
and other similar vehicles.
A wheeled unit attached and towed by a motorized vehicle,
which is designed to carry property. A trailer cannot be motorized
or self-operable.
(b)
Allowable uses. An owner or occupant of a residential structure
may store a RV, trailer, or boat owned by the property owner or occupant
on his/her property, provided that:
[1]
If stored in the required front yard of the lot, the RV, trailer,
or boat shall be parked on the driveway or driveway apron.
[2]
The RV, trailer, or boat is operable and is currently registered
in the home state of the owner or occupant of the property. All active
military will be exempt from the home state requirement if proof of
military identification is provided.
[3]
A boat stored in a residential district shall not be longer
than 25 feet in length, and a trailer or RV stored in a residential
district shall not be longer than 40 feet in length.
[4]
The RV, trailer, or boat stored on the property cannot exceed
a height of 13 feet.
(c)
Exceptions.
[1]
A kayak, canoe, and nontrailered boat less than 17 feet in length
shall not be regulated under this chapter.
(d)
Street parking or storage of a recreational vehicle, boat, or
trailer is not permitted on any street, except for a period not exceeding
48 consecutive hours for purposes of loading and unloading. A recreational
vehicle, boat, or trailer may not be parked or stored in any fashion
that would block any public right-of-way or sight lines of drivers,
bicyclists, or pedestrians.
(e)
Any RV, boat, camper, or trailer stored on the property may
not be utilized for storage unless the items are associated with the
accessory use related to the RV, boat, camper, or trailer.
(f)
No occupancy, either permanent or temporary, of an RV, boat,
camper, or trailer shall be permitted.
J.
Accessory uses in business and industrial districts.
(1)
The following accessory uses shall be permitted in the business and
industrial districts:
(a)
A dwelling unit, including an office trailer, for a caretaker
or watchman shall be permitted, provided that:
(2)
Business, industrial, and institutional accessory structures shall
be subject to the same side and rear yards as required for the principal
structure.
(3)
Contractor's
office and construction equipment sheds or accommodations for security
shall be permitted if the use is incidental to a construction project.
The office or shed shall be removed upon completion of the project.
K.
Transit Oriented Development District. Accessory uses or structures
in TOD Districts shall be permitted and shall be subject to the same
side yard and rear setbacks as required for the principal structure.
Home occupations or professional offices within the home shall
be allowed in accordance with the following criteria:
A.
The home occupation must be incidental and subordinate to the residential
use and shall not exceed 25% of the gross floor space of the principal
building or dwelling unit.
B.
The home occupation shall be conducted within the dwelling unit,
and no outdoor display or storage of materials, vehicles, goods, supplies
or equipment used in the home occupation shall be permitted on the
premises. No toxic, explosive, flammable, combustible or noxious materials
shall be stored on the premises.
C.
The residential character of the dwelling unit shall not be altered
to accommodate a home occupation.
D.
Not more than one person other than the occupants of the dwelling
unit may be employed in the home occupation. The total of all employees
inclusive of family members shall not exceed three. No home occupation
shall be open to the public between 9:00 p.m. and 8:00 a.m.
E.
No home occupation shall generate greater traffic volumes or increased
traffic hazards than would normally be expected in a residential district.
No more than four people may avail themselves of the services provided
by the home occupation at a given dwelling unit at any time.
F.
No goods, materials or supplies shall be delivered by commercial
vehicles either to or from the premises in connection with the home
occupation, except by the United States postal service or a delivery
service with a vehicle no larger than a one-ton truck.
G.
No commercial vehicles in excess of 9,000 pounds gross vehicle weight
or construction equipment related to the home occupation may be parked
or stored on site or in the public right-of-way.
H.
A home
occupation permit is required from the Department of Planning and
Community Development.
Temporary uses as specified in the Table of Uses shall be permitted
subject to the following:
A.
Permit. Temporary uses require the issuance of a temporary use permit
for the use location which shall specify the use, dates, location,
hours of operation and such other information as reasonably may be
required by the Zoning Administrator.
B.
Duration. Unless otherwise specified in Subsection C, a temporary use may not exceed five consecutive days.
C.
Specific temporary uses. The temporary uses described below shall
be subject to the following duration limitations:
(1)
A carnival, circus, craft show, animal show, flea market, festival,
fair or similar event shall be allowed for a maximum period of seven
consecutive days and 15 cumulative days in a twelve-calendar-month
period.
(2)
Contractor's office and construction equipment sheds or accommodations
for security incidental to a construction project shall be removed
upon completion of the project.
(3)
A real estate sales office for rental or sale of dwellings in a project
shall be removed upon initial sale of all units.
(4)
When a fire or natural disaster has rendered a residence unfit for
human habitation, the temporary use of a mobile home located on the
lot during rehabilitation of the original residence or construction
of a new residence is permitted for a period of 12 months, but only
if water and sanitary facilities are approved by the City of Aberdeen’s
Department of Public Works. The Zoning Administrator may extend the
permit an additional 60 days, if necessary. The mobile home shall
be removed from the property at the expiration of the permitted time
or upon completion of the new or rehabilitated residence, whichever
occurs first.
(5)
Temporary stands for seasonal sales of products shall be allowed
for a maximum period of 90 days in any consecutive twelve-month period.
D.
Specific temporary use criteria. Each temporary use must comply with
the following criteria:
(1)
Each
application for a temporary use permit must be accompanied by a site
plan, drawn to scale, that accurately demonstrates compliance with
the requirements of this section.
(2)
The
proposed site shall be of sufficient size to accommodate the proposed
temporary use and associated parking without adversely affecting adjacent
land uses.
(3)
The
temporary use and all structures related to the use shall comply with
all setbacks for the zone in which the use is located.
(4)
No
temporary structure, facilities or equipment for the use may be located
closer than 250 feet from any residential district or existing dwelling,
and no temporary use activity may take place more than 500 feet from
a residential district.
(5)
Temporary
use operations adjacent to land used for residential purposes shall
commence not earlier than 7:00 a.m. and cease not later than 11:00
p.m.
(6)
Except
for a temporary use in a residential district, vehicular access to
the temporary use shall be derived only from an arterial or major
collector road.
(7)
A
minimum of one parking space shall be provided for each 500 square
feet of ground area at the activity.
(8)
Any
outdoor activity site for the temporary use shall be cleared of all
litter and debris at the end of each day and at the end of the event,
and cleared of all temporary structures within three days after the
end of the event. A signed contract with a disposal firm shall be
provided to ensure that the site will be cleared of all litter and
debris.
(9)
The
holder of the permit shall provide for adequate traffic and crowd
control for the temporary use.
(10)
If the permit applicant or holder of the permit requests the City
to provide extraordinary services or equipment or it is otherwise
determined that extraordinary services or equipment should be provided
to protect the public health, safety or welfare, the applicant or
holder of the permit shall be required to reimburse the City for the
cost of the services or equipment unless the City has anticipated
the specific use in the budget and appropriated sufficient funds to
cover the costs incurred.
A.
General landscaping requirements.
(1)
A
landscape plan is required for all nonresidential development projects.
The landscape plan shall be reviewed and approved by the Department
of Planning and Community Development and the Department of Public
Works. The landscape plan shall:
(a)
Include plant materials, such as trees, shrubs, ground covers, and
perennials, and other materials, such as rocks, water, sculpture,
art, walls, fences, paving materials, and street furniture.
(b)
Specify the location, size, and species of plant materials, method
of installation, and method for maintenance and retention of materials.
(c)
Identify all streams, floodplain zones, and nontidal wetlands along with the preliminary site plan. The plan shall indicate all plans for tree maintenance, stormwater management, revegetation and establishment of vegetated buffers and the method of providing perpetual protection of any special flood hazard areas as required by Chapter 275, Floodplain Management, of the Code of the City of Aberdeen.
(d)
Include street trees located outside of the public right-of-way wherever
possible, emphasize the use of native vegetation, and incorporate
sustainable development practices through the use of green roofs and
associated sustainable planting practices wherever possible.
(2)
Any
applicant seeking a modification to the approved landscape plan shall
submit a written request to the Department of Planning and Community
Development justifying the proposed change and a revised plan identifying
the proposed modifications.
B.
General
planting requirements shall include the following:
(1)
All
deciduous trees shall have a minimum caliper of two inches. The area
between the trees shall be mulched and the landscaped beds with shrubs
or ground cover shall be mulched in accordance with landscape industry
standards.
(2)
Trees
shall be of substantially uniform size and shape.
(3)
Evergreen
trees used as screening plantings shall be a minimum of five feet
in height.
(4)
All
plant materials shall be healthy, vigorous, well-rooted and free of
defects, decay, or disease infestations. All required plant materials
shall be maintained by the property owner.
(5)
Within
one year of planting, any dead or dying trees or plant materials shall
be replaced one time by the applicant during the next planting season.
C.
Specific
landscape requirements for parking lots.
(1)
Ten
percent of the required parking areas shall be landscaped.
(2)
Planting
islands should be used to define circulation patterns and parking
bays. They should also be used to soften large expanses of paving.
(3)
Landscaped
islands should be distributed throughout the parking lot. In larger
parking lots, fewer but larger islands may be used to provide greater
visual relief and a healthier environment for tree growth.
(4)
Trees
in or at the edge of parking lots should be species that branch no
lower than 12 feet from the ground at maturity to allow cars and trucks
to circulate beneath the canopy without causing damage.
(5)
Good
visibility in parking lots is important for security and traffic safety.
Plant materials at vehicular entrances should be located to maintain
safe sight distances.
(6)
All
service, dumpster, storage, and utility areas shall be screened.
D.
Outdoor
lighting requirements.
(1)
Outdoor
lighting fixtures shall be installed in a manner that minimizes negative
impacts from light pollution, including light trespass, glare, and
urban sky glow, in order to preserve enjoyment of the night sky and
minimize conflict caused by unnecessary illumination.
(2)
Regulation
of outdoor lighting is also intended to promote lighting design that
provides for public safety and conserves electrical energy.
(3)
All
light fixtures, including security lighting, shall be aimed or shielded
so that the direct illumination shall be confined to the property
boundaries of the source. Particular care is to be taken to assure
that the direct illumination does not fall onto or across any public
or private street or road, except for:
(a)
Residential entrance lights installed in accordance with the National
Electrical Code and all subsequent amendments;
(b)
Outdoor lighting fixtures less than 4,050 lumens, including landscape
lighting and decorative lighting;
(c)
Outdoor lighting installed to meet Federal Aviation Administration
requirements;
(d)
A designated historical structure;
(e)
Lighting for all outdoor athletic fields, courts, tracks, or sports
fields;
(f)
Outdoor illuminated signs; and
(g)
Maintenance to existing outdoor lighting when the following applies:
[1]
The work does not involve the installation of a new light standard,
a new lighting fixture, or new wiring;
[2]
The work does not result in an increase in electrical load; and
[3]
Where applicable, the spacing of existing previously conforming light
standards is greater than six times the mounting height of the existing
outdoor lighting.
(4)
Outdoor
lighting shall not exceed a nominal 4000 Kelvin color-correlated temperature
(CCT).
(5)
Searchlights,
laser source lights, strobe or flashing lights, or any similar high-intensity
light shall not be permitted, except in emergencies by police and
fire personnel at their direction.
(6)
Lighting
requirements for subdivisions and residential developments shall follow
the requirements established by the Department of Public Works.
E.
Buffer
yard requirements.
(1)
Buffer
yards shall be located on the boundary of a project which adjoins
the use to be buffered and shall be in addition to the setback areas
or yards otherwise provided in this chapter. The buffer yard area
specified in this section may be part of the open space requirements.
(2)
Buffer
yards may be used for passive recreation, including trails, bike paths,
and picnic areas, but shall not be used for active recreation.
(3)
The following minimum buffer yard requirements shall be applicable
to all districts:
|
Proposed District or Use
|
Adjacent District or Use
|
Buffer Yard Width
(feet)
| |
|---|---|---|---|
|
R-1 and R-2
|
R-3 (single-family dwellings)
|
10
| |
|
R-1 and R-2
|
R-3 (multifamily dwellings)
|
20
| |
|
Residential rear yard
|
Collector and arterial public roads
|
25
| |
|
Active public recreation over 2 acres
|
Residential use
|
50
| |
|
B-1 District
|
Residential (single-family dwellings)
|
20
| |
|
B-1 District
|
Residential (multifamily dwellings)
|
15
| |
|
B-2 District
|
Residential (single-family dwellings)
|
25
| |
|
B-2 District
|
Residential (multifamily dwellings)
|
15
| |
|
B-3 District
|
Residential (single-family dwellings)
|
50
| |
|
B-3 District
|
Residential (multifamily dwellings)
|
35
| |
|
M-1 District
|
Residential district
|
100
| |
|
M-2 District
|
Residential district
|
100
| |
|
Any use
|
Wetlands, nontidal
|
25
| |
|
Any use
|
Edge of watercourse in floodplain
|
100
|
(4)
A buffer yard shall be landscaped to screen incompatible uses in
accordance with any one of the following requirements:
(a)
A planting strip at least 10 feet wide at or near the property
line, including trees or shrubs at least two feet high at the time
of planting, which may be expected to form a year-round screen within
three years.
(b)
A landscaped, rolling, earth mound of at least four feet in
height.
(c)
A solid fence or wall of a minimum of five feet in height without
advertising, when designed with durable materials, texture and colors
compatible with adjacent uses.
