It is the purpose of this Part 1 to:
A.
Ensure public safety, health and welfare insofar as they are affected
by building construction;
B.
Ensure the safety to life and property from all hazards incident
to the design, erection, repair, removal, and demolition of buildings;
C.
Protect, maintain and enhance the public safety, health, and welfare
by:
(1)
Maintaining privacy and space between properties, ensuring adequate
air and light, and maintaining safe passageways between buildings;
(2)
Protecting the Town's distinct character by encouraging the
retention of open space and shade trees on residential lots, the preservation
of existing houses, and the construction of new buildings that are
compatible with existing buildings in terms of setbacks and height;
(3)
Establishing minimum requirements to control the adverse impacts
associated with stormwater runoff from developed and developing land;
and
(4)
Reducing stream channel erosion, pollution, siltation and sedimentation
and local flooding; and
As used in this Part 1, the words set forth below shall be defined
as follows:
A building subordinate to and located on the same lot as
a main building, the use of which is incidental to the use of the
main building or to the use of the land. An accessory building is
not attached by any part of a common wall or common roof to the main
building.
A second dwelling unit that is an accessory use and is located
within a main building or an accessory building.
Land in the Town of Somerset which touches the boundary line
of other property at least at one point, which may be a corner, or
which would do so except for an intervening road, street, or right-of-way.
Any permanent structure, whether a main or accessory structure,
having one or more stories and a roof, designed primarily for the
shelter, support or enclosure of persons or property of any kind,
and including all parts of the structure, including, but not limited
to, projections, elements, appurtenances, and equipment that is/are
attached to or located within ten (10) feet of a building surface.
"Building" excludes projections, elements, appurtenances, and equipment
that is/are constructed at or below grade, such as a window well or
patio.
For a main building, the building height is the vertical distance
measured from the average elevation of the grade along the facade
of the building facing the front lot line to:
For an accessory building, the building height is the vertical
distance measured from the average elevation of the grade along the
facade of the building facing the front lot line, or the facade facing
the rear lot line, whichever is lower, to:
For the purpose of this definition, "grade" is either the finished
development grade or the pre-development grade, whichever is lower.
The pre-development grade is the grade that existed before the application
for a building permit. Building height is separately measured on both
street-facing sides of a corner lot.
The Maryland Stormwater Design Manual published by the Maryland
Department of the Environment as the same may be amended, or any successor
publication, as may be modified by resolution adopted by the Town
Council from time to time.
A dwelling unit that is a detached accessory building or
part thereof.
A building or portion of a building providing complete living
facilities for not more than one household, including, at a minimum,
facilities for cooking, sanitation, and sleeping.
Using small-scale stormwater management practices and nonstructural
techniques to mimic natural hydrologic runoff. Methods for designing
ESD practices are specified in the Design Manual; provided, however,
that for purposes of this chapter, the following shall be considered
structural devices and not ESD practices: (i) dry wells; (ii) rain
tanks; and (iii) rainwater harvesting (cisterns and rain barrels).
For purposes of this chapter, EDS practices include the following:
(i) green roofs; (ii) permeable pavements; (iii) reinforced turf;
(iv) disconnection of rooftop and non-rooftop runoff; (v) sheetflow
to conservation areas; (vi) submerged gravel wetlands; (vii) landscape
infiltration; (viii) micro-bioretention; (ix) rain gardens; (x) swales
(grass, wet, and bio-swales); (xi) enhanced filters and (xii) such
other practices designated as ESD by resolution adopted by the Town
Council from time to time.
A height building line, which is the average height of all
main buildings that are: a) within 300 feet of each side property
line of the proposed construction site; b) along the same side of
the street; c) between intersecting streets or to the point where
public thoroughfare is denied; d) existing at the time the building
permit application is filed; e) conforming to the maximum building
height restriction, not unlawfully constructed, and not constructed
pursuant to a lawfully granted variance; or f) not located on a pipestem
or flag-shaped lot. Corner lots are subject to the established building
height of both of the streets.
A front yard building restriction line, which is greater
than the twenty-five-foot minimum required setback. The established
building line shall be the average setback of all main buildings that
meet the following criteria:
Are within three hundred (300) feet of any side lot line of
the lot in question (excluding corner lots);
Are along the same side of the street;
Are between intersecting streets or to the point where public
thoroughfare is denied;
Exist at the time the building application request is filed;
Are set back at least twenty-five (25) feet from the front lot
line;
Were constructed pursuant to a valid building permit;
Were not constructed pursuant to a variance;
Are not located on a pipe-stem or flag-shaped lot;
Are not buildings on the subject lot; and
Are on properties that are at least fifty (50) feet wide at
the twenty-five-foot minimum front setback.
A surface which prevents or impedes infiltration, including,
but not limited to, buildings, structures, and concrete or asphalt
sidewalks, walkways, stoops, stairways, patios, swimming pools, driveways,
and parking pads, and other similar surfaces, but excluding surfaces
designated as permeable by resolution adopted by the Town Council
from time to time.
Non-native organisms set forth on the List of Invasive Species
adopted by resolution of the Town Council from time to time.
The land designated as a separate and distinct lot or parcel
of land on a legally recorded subdivision plat or deed filed among
the land records of the County. Where a distinct tract of land is
comprised of more than one lot or parts thereof as shown on a subdivision
plat, the separate lots and/or parts of lots shall constitute one
lot for the purposes of this Part 1.
A building in which the principal use of the property is
conducted.
The construction or erection of a new building, including
any appurtenant surfaces, such as a patio, walkway, parking pad, or
driveway.
A storm resulting in the rainfall depth set forth in the
Design Manual for a one-year, twenty-four-hour storm event occurring
in Montgomery County.
Includes persons, firms, partnerships, corporations, estates,
trusts, associations, and government institutions or agencies.
A drawing or detailed description of proposed landscaping
and planting, including the number, size, species, and location(s)
of the tree(s), shrub(s), and other plants to be planted, and the
proposed schedule for completion of the plan, which must be less than
12 months from the date of permit approval, or such other time period
as may be approved by the Town Council.
|
[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 8-92, eff. 8-24-1992; Ord. No. 1-95, eff. 7-27-1995; Ord. No. 2-97, eff. 12-10-1997; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-102, of the 1989 Code); Res. No. 6-21-1, 11-1-2021, eff. 12-7-2021; Res. No. 12-21-1, eff. 3-15-2022; Res. No. 9-22-2, 11-7-2022, eff. 1-10-2023; Res. No. 9-22-3, 11-7-2022, eff. 1-10-2023; Res. No. 7-23-1, 8-7-2023, eff. 9-12-2023; Res. No. 9-23-1, 12-4-2023, eff. 1-9-2024; Res. No. 11-23-1, 1-8-2024, eff. 3-5-2024]
|
