The provisions of this chapter shall be held
to be the minimum requirements. Where this chapter imposes a greater
restriction than is imposed or required by other laws, rules, regulations,
ordinances or private restrictions, the provisions of this chapter
shall control.
All structures and uses shall conform to the
provisions of this chapter. This chapter shall not be construed to
prohibit the maintenance of existing structures. This chapter shall
not be construed to prohibit the continuation of any use or the continued
use of any structure existing as of the date of adoption of this chapter
in the event of any changes of ownership.
Historic sites or structures that have been
listed on the Maryland Historic Trust Historic Sites Inventory or
listed on the National Register of Historic Places may be continued
to be repaired and rehabilitated without limitation by this chapter.
[Amended 8-21-2023 by Ord. No. 1113]
For the purposes of this chapter, the incorporated
territory of Havre de Grace, Maryland, is hereby divided into the
following districts:
R
|
Residential District
|
R-1
|
Residential District
|
R-2
|
Residential District
|
RB
|
Residential Business District
|
RO
|
Residential Office District
|
MOE
|
Mixed Office/Employment District
|
C
|
Commercial District
|
I
|
Industrial District
|
[Amended 5-4-2009 by Ord. No. 904]
The boundaries of the districts are hereby established
as shown on the Zoning Map of Havre de Grace, Maryland. The Zoning
Map and all notations, references and other matters shown thereon
shall be and are hereby made part of this chapter. The Zoning Map
and all amendments thereto shall be and remain on file with the Director
of Planning.
District boundary lines shall be interpreted
to follow property lines, lot lines, City boundaries, or the center
lines of streets or lanes as they exist at the time of the adoption
of this chapter unless indicated clearly to the contrary upon the
Zoning Map.
[Amended 5-4-2009 by Ord. No. 904]
A. No lot
shall be used in whole or in part for any use other than parking purposes,
unless such lot abuts:
(1) A public
or private right-of-way 50 feet or more in width which provides a
public means of access to abutting property; or
(2) Any
public or private right-of-way not less than 30 feet in width which
existed prior to January 1, 1980.
B. Within the
RB and RO Zoning Districts, the construction of a single-family detached
dwelling on a lot fronting on an improved lane is permitted as a principal
use. The lot shall meet the requirements of Table I, Lot Type CC.
Two off-street parking spaces, not arranged in tandem, shall be provided
on the lot.
C. Panhandle
lots shall be permitted in all zoning districts to achieve better
use of irregularly shaped parcels, to avoid development in areas with
environmentally sensitive features or to minimize access points to
roads and streets, subject to the following requirements:
(1) The
panhandle shall abut a public road or street with a minimum right-of-way
width of 50 feet.
(2) The
minimum width of a single panhandle shall be 25 feet.
(3) Multiple
adjacent panhandles (up to a maximum of four allowed) shall have a
minimum width of 12 1/2 feet each.
(4) A common
drive shall be constructed to serve any group of two or more panhandle
lots. Driveways for all panhandle lots shall access from the common
drive.
(5) Where
a common drive is required, the owner shall provide the City with
a common driveway agreement, satisfactory to the City Attorney, which
shall be applicable to all lots subject to the common drive plan.
The agreement shall be approved by the City prior to the recordation
of the subdivision plat.
(6) Panhandle
lots shall not be used to avoid the construction of a street.
D. A public
or private right-of-way, paved lane, or common drive shall not be
deemed adequate street frontage under this section if access to the
lot by way of such public or private right-of-way, improved lane,
or common drive requires crossing over a railroad line which crossing
has been closed by the railroad or by consent of the lot owner, unless:
[Added 1-4-2021 by Ord. No. 1048]
(1) The
lot owner first obtains written confirmation from the railroad company
that such crossing has been reopened and recognized by the railroad
company as an at-grade crossing; and
(2) The
lot owner obtains City Council approval that the reopened crossing
otherwise meets the street frontage requirements of this section;
and
(3) The
portion of the lot constituting the road, improved lane, private right-of-way,
or common drive traversing the railroad crossing will be dedicated
to the City for public use.
E. An owner
who applies for a permit for a lot whose compliance with the street
frontage requirements of this section is required shall not thereafter
consent to the closure of a private railroad crossing without the
prior approval of the City Council. No new permits will be issued
to any lot owner who, after January 2021, agrees to the closure of
a private railroad crossing without first seeking City Council approval,
regardless of any prior concept plan, site plan, or subdivision plan
approval by the City. In the event a lot owner consents to the closure
of a private railroad crossing that is subsequently closed by a railroad
company, then, upon the recommendation of the Director of Planning,
the City Council may by resolution reduce the number of lots shown
on a previously approved site plan or subdivision plan submitted by
such owner or developer to protect the health, safety and welfare
of the citizens.
[Added 1-4-2021 by Ord. No. 1048]
[Amended 5-4-2009 by Ord. No. 904; 11-3-2014 by Ord. No. 958; 3-1-2021 by Ord. No. 1049; 11-7-2022 by Ord. No. 1086]
A. Height,
lot and yard requirements for each district and use shall be as specified
in Table I, except for the following:
(1) Single-family and attached dwellings shall have a maximum front yard
setback of five feet from the right-of-way line when located within
the National Register Historic District in order to preserve historic
streetscapes and context.
(a)
The Director of Planning may require and approve a greater setback
if the Director of Public Works identifies conflicts with existing
or proposed utilities, or other City assets.
(b)
The setback may be increased if the Director of Planning finds
that the setback for the majority of existing structures along the
block of a street is greater than five feet, or a generally consistent
structure setback is not observed along the block of a street. If
a generally consistent setback is not observed along the same block
of a street, then the setback may be increased to a maximum of 10
feet.
(2) Front load garages shall be prohibited from being constructed on
or adjacent to existing or proposed dwellings along Union Avenue,
Washington Street or Congress Avenue when a lot or parcel also has
access to an alley, lane or other side street, unless the proposed
garage is set back a minimum of 15 feet from the front facade of the
dwelling.
B. The minimum
front yard setback shall be measured from the front line to the building
envelope in the following manner:
(1) In
the case of corner lots platted after the effective date of this subsection,
a full front yard with the required setback shall be provided on both
frontages. The shortest lot line opposite the right-of-way shall be
considered the rear lot line, and the longest lot line opposite the
right-of-way shall be considered the side lot line.
|
|
---|
|
Corner Lot
|
(2) In
the case of through lots, front yard setbacks shall be provided on
all frontages.
|
|
---|
|
Through Lot
|
(3) In
the case of panhandle lots, the front yard setback shall be measured
along the property line that most closely parallels the street to
which the panhandle connects.
|
|
---|
|
Panhandle Lot
|
(4) For
irregular lots, the front yard setback shall be measured from the
portion of the structure closest to the lot line.
C. The minimum
side and rear yard setbacks shall be determined in the following manner:
(1) Perpendicularly
from the rear or side lot lines at the closest points to the proposed
or existing structure.
(2) For
irregular lots, the rear and side yard setbacks shall be measured
from the portion of the structure closest to the lot line.
D. Exceptions
to minimum yard requirements.
(1) Architectural
features such as bay windows, chimneys, cornices, eaves and entrance
steps may encroach into the minimum yard requirements by an amount
not exceeding 24 inches. In no case shall such a projection be closer
than three feet to any property line.
(2) No
encroachment shall be permitted where the minimum yard setback is
zero except for encroachments on City-owned rights-of-way which may
be approved by action of the Mayor and City Council on a case-by-case
basis.
E. The front,
rear and side yard setback requirements for residential structures
exceeding 40 feet in height shall be increased by one foot for every
two feet by which the height of the structure exceeds 40 feet.
F. General
townhouse requirements. Townhouses meeting the requirements of Lot
Type GG, Table I, are a principal permitted use in the R-2, RO and RB Zoning
Districts. Townhouses meeting the requirements of Lot Type E, Table
I, may be permitted by the Board of Appeals as a conditional use in
the R-2, RO and RB Zoning Districts. The following regulations shall
apply to all townhouses, whether principally permitted or a conditional
use:
(1) Townhouse
projects shall not be located on a site with an area of less than
10,000 square feet.
(2) No
fewer than three and not more than eight dwelling units shall be included
in any one townhouse building block. A building block is a single
structure comprised of a series of attached townhouse dwellings.
(3) The
front facade of a townhouse building block shall be offset a minimum
of two feet at least every three units.
(4) Ingress/egress
easements at least 10 feet in width shall be provided so that the
rear yard of each townhouse unit may be accessed from common open
space and/or a public or private right-of-way.
(5) Fee
simple yards for end units are not required but may be provided. The
minimum distance between the ends of two adjacent building blocks
shall be 26 feet. In the case where a building block end is adjacent
to an adjoining property that is not part of the project, the block
end shall be a minimum of 15 feet from the property line.
(6) In
townhouse projects containing up to 15 dwelling units, a minimum of
15% of the gross land area to be developed as townhouses shall be
preserved as open space. Projects containing more than 15 dwelling
units shall preserve a minimum of 20% of the gross land area as open
space. At least 25% of open space shall be devoted to active recreational
use. Open space shall be accessible to all residents of the townhouse
development.
(7) The
maximum density of a townhouse project shall not exceed 16 dwelling
units per acre.
G. Additional
provisions for conditional use townhouse projects. The Board of Appeals
may permit the minimum lot width of 18 feet and the Minimum Lot Area
of 1,440 square feet to be modified by the following provisions:
(1) In
townhouse building blocks containing fewer than six dwelling units,
one sixteen-foot-wide unit with a minimum lot area of 1,280 square
feet may be included.
(2) In
townhouse building blocks containing six or more dwelling units, two
sixteen-foot-wide units with minimum lot areas of 1,280 square feet
each may be included.
H. Accessory
dwelling unit (ADU) requirements. An ADU may be permitted by the Board
of Appeals as a conditional use on a single lot in the R, R-1, R-2,
RO and RB Districts, provided that the following provisions are met:
(1) The
lot owner occupies one of the two dwellings on the lot as a principal
residence.
(2) Occupants
of the ADU shall park their vehicles off-street on the subject property;
at least one off-street space shall be provided in addition to any
off-street parking required for the main dwelling unit.
(3) No
separate address will be assigned to the ADU.
(4) Attached
ADUs cannot exceed 1,200 square feet.
(5) Detached
ADUs are limited to the least of:
(a) Fifty percent of the footprint of the house;
(b) Ten percent of the total lot area; or
(c) One thousand square feet of gross floor area.
(6) All
ADUs must meet the height, lot and yard requirements of this chapter
unless an existing accessory structure or existing part of the home
is being converted to an ADU. This section does not apply to expansions
of accessory structures or additions to existing homes.
(7) Entrance
to the ADU must be accessed from the side or rear of the ADU unless
the existing main entrance is used for both units.
(8) ADUs can only be used as short-term rentals as defined and regulated under Chapter
147 of the City Code.
(9) ADUs
cannot be subdivided from the main property, sold fee simple, nor
converted into a condominium or other form of conveyance for ownership
or sale separate from the main structure.
(10) ADUs are subject to capital cost recovery fees per the methods prescribed in Chapter
196 of the City Code.
(11) ADUs
in the City's designated Historic District must be reviewed by the
Havre de Grace Historic Preservation Commission prior to meeting with
the Board of Appeals. Recommendations by the Historic Preservation
Commission may be used as conditions by the Board of Appeals when
considering conditional use approval.
(12) Such
other conditions that the Board of Appeals may deem appropriate to
a particular case.
(13) Prior
to the issuance of a use and occupancy permit by the City, the owner
of the lot shall record a confirmatory deed that describes the foregoing
conditions and limitations in the land records of Harford County.
I. Fence requirements.
Fences are permitted as an accessory use within all zoning districts
provided that the following provisions are met:
(1) Any
person desiring to build or cause to be built a fence shall apply
to the City for a permit to do so. The application shall contain all
information, including a plan drawn to scale, sufficient to determine
that the erection of such fence will conform to the requirements of
this chapter. A drawing or picture of the fence indicating its style
and height shall also be provided.
(2) Fences less than 20 inches in height above the surface of the ground and hedges and required temporary construction safety and silt fences are exempt from the permit requirements of Subsection
I(1) of this section.
(3) Corrugated
metal shall not be used for fence panels.
(4) All
fences must be constructed on private property and shall not extend
toward a street or lane beyond the property line.
(5) Exposed
posts and lateral bracing of the fence shall face the interior of
the property so that the finished side of the fence faces outward.
(6) Residential
fences and support posts shall meet the following requirements:
(a) A fence in a rear yard or between the rear line of the dwelling and
the front line of the dwelling shall not exceed six feet in height
above the surface of the ground and may be of solid or open construction.
(b) A fence in a front yard shall not exceed four feet in height above
the surface of the ground and shall be of open construction only.
Chain link fencing shall not be located in front yards.
(c) On the right-of-way sides of corner lots, a fence shall not exceed
four feet in height above the surface of the ground and shall be of
open construction only. Chain link fencing shall not be located in
these yards.
(d) Barbed wire and similar types of fences with sharp edges are prohibited
for use as residential fences or being attached thereto.
(e)
Along twenty-foot-wide rights-of-way which are an alley or lane
and which border a corner lot, a fence along the right-of-way shall
not exceed six feet in height above the surface of the ground and
shall not be of chain link material.
(7) Security
fences for commercial, industrial or institutional uses shall not
exceed 10 feet in height above the surface of the ground unless otherwise
necessary to comply with screening requirements. A security fence
may have reasonable barriers such as barbed wire placed along its
uppermost edge.
(8) Tennis
court fences may be a maximum of 12 feet in height above the surface
of the ground.
(9) Required
swimming pool fences shall conform to applicable building codes.
(10) All
fences shall be maintained in a structurally sound and attractive
manner.
[Amended 5-4-2009 by Ord. No. 904]
Any building project, regardless of building size, occurring on a site larger than 40,000 square feet must comply with Chapter
81, Forest Conservation, prior to receiving zoning approval for a building permit. Conservation easements in residential subdivisions shall be located in common open space only and not on private residential lots.
[Added 4-16-2018 by Ord.
No. 1001]
Prior to the issuance of any building or occupancy permit for
any use in any zone district, all of the following standards shall
be complied with:
A. General intent. When so required, the applicant shall supply evidence
satisfactory to the City of Havre de Grace that the proposed building,
process, production or other use will conform fully with all applicable
performance standards. As evidence of compliance, the appropriate
review agency may require, at the expense of the applicant, studies
or analyses necessary to demonstrate compliance with applicable performance
standards. Also, when required by the Department of Planning or Public
Works, and/or the Planning Commission or Board of Appeals, the applicant
shall provide expert, sworn testimony certifying that the application
in question will comply with all applicable standards and conditions.
[Amended 7-1-2019 by Ord. No. 1020]
B. Radioactivity. Any activity which emits radioactivity shall be prohibited
except as may be normally and customarily incidental to licensed health
care uses or as permitted pursuant to law regulating common carriers,
United States Mail or other recognized delivery services.
C. Fire and explosion hazards.
(1) All activities shall only be conducted in buildings classified as fireproof by Chapter
31, Article
II, Building Code, and Chapter
31, Article
III, Residential Code, of the City of Havre de Grace, and the Fire Prevention Code and other applicable codes as established by the Department of Inspections, Licenses and Permits of Harford County, Maryland, as well as the International Property Maintenance Code, in accordance with §
31-1, Article
I, of the Code of the City of Havre de Grace. Operations shall be conducted in such a manner and with such precautions as to prevent fire and explosion hazards. All raw materials and finished products shall be stored within an entirely closed building. Liquids may be stored in underground tanks that have been permitted and approved by the appropriate regulatory agency.
(2) If any use maintains an inventory of a hazardous material in commercial
or industrial zones, such as diesel fuel or propane gas, in amounts
over 10,000 pounds, or the threshold planning quantity of 500 pounds
of an extremely hazardous substance, the property owner or tenant
must submit reports to the state, the Local Emergency Planning Committee
(LEPC) and the local volunteer fire department. Operation of the premises
shall be in compliance with the requirements of the various codes
listed herein and such other codes as may be applicable.
D. Smoke, fumes, gases, dust and odors. There shall be no emission of
any smoke, fumes, gases, dust, odors or any other atmospheric pollutant
which may disseminate a substance in the air that can have an adverse
effect on human health or the ecosystem or which does not comply with
standards as promulgated by the Maryland Department of the Environment
(MDE). If it has been determined by the Director of the Department
of Public Works that any use creates such offensive odors, dust, smoke,
gas, or similar atmospheric nuisance having adverse health or environmental
effects or in violation of MDE standards, the property owner or tenant
shall abate the nuisance to the satisfaction of the appropriate City
agency.
E. Liquid or solid waste. The applicant shall utilize the best practicable
method known for the disposal of solid or liquid-carried waste for
the proposed use. The discharge of any waste material whatsoever into
any watercourse shall be prohibited, except when in accordance with
existing MDE and other applicable regulatory requirements. All methods
of sewage and waste treatment and disposal shall be approved by the
City of Havre de Grace and any other applicable local or state agency.
The Department of Public Works shall investigate the character and
volume of all waste or sewage and shall certify that the City will
accept the discharge of the waste material into the local sewage system
and treatment facilities. The applicant shall comply with any requirements
of the City, including an industrial discharge permit and the pretreatment
and/or ongoing monitoring and reporting of such wastes and other methods
of improving such wastes prior to discharge, such as the use of grease
traps, as a condition of acceptance by the City. After the use has
commenced, the City shall have the authority to require the owner
or tenant to certify compliance. Non-compliance shall require the
submission of a remediation plan for review and approval by the City.
All monitoring and reporting required herein shall be submitted to
the Director of Public Works or his or her designee.
F. Noise and vibration.
(1) All uses and activities shall comply with noise and vibration standards
promulgated by the State of Maryland. Further, no use shall cause
an increased vibration beyond the limits of the property on which
such use is located.
(2) When reviewing an application for development, the applicable City
agency may in specific cases accept credible evidence by the applicant,
provided by sworn testimony from a professional engineer or architect
licensed in the State of Maryland and experienced in the field of
acoustical engineering, that the proposed use of the premises will
comply with appropriate state requirements.
(3) Events sponsored or authorized by the City of Havre de Grace shall be exempt from the requirements of Subsection
F to the extent that they are not regulated by a federal, state or county agency, and that the duration of the event is temporary in nature.
(4) All uses shall comply with Chapter
116 of the City Code regarding Noise.
G. Glare. Lighting shall be designed and controlled so that any light
shall be shaded, shielded or directed so that the light intensity
or brightness does not adversely affect the operation of vehicles
or reflect onto residential lots or buildings. There shall be no direct
or sky-reflected glare exceeding 0.5 candles measured at the property
line of the lot occupied by such use. This regulation shall not apply
to lights used at the entrance or exit of service drives or for athletic
or other events sponsored or authorized by the City of Havre de Grace,
to the extent that they are not regulated by a federal, state or county
agency, and that the duration of the event is temporary in nature.
Also, no property located along a state or federal highway shall install
lighting that, in the opinion of the Director of the Department of
Public Works, or his or her designee, shall cause a hazard to motorists
due to glare, intensity or direction.
H. Traffic and access management.
[Amended 7-1-2019 by Ord. No. 1020]
(1) At the discretion of the Director of Public Works and/or the Director
of Planning, a traffic impact analysis (TIA) may be required to be
submitted if a proposed use of land, building or subdivision will
generate more than 249 trips per day, or other operational issues
have been identified. Mitigation may be required at intersections
where the level of service (LOS) has been negatively impacted by the
proposed development, or the study identifies other operational issues.
(a)
The TIA shall be completed in accordance with the most recent
version of Harford County's Traffic Impact Analysis Guidelines.
(b)
The TIA shall be approved and required mitigation determined
before the issuance of a building permit, certificate of occupancy,
or a hearing before the Planning Commission or Board of Appeals, whichever
comes first.
(c)
At the expense of the applicant, the City may retain a third-party
consultant to review the TIA and make recommendations. If a third-party
consultant will be utilized, the City will notify the applicant and
provide a cost estimate for the review.
(d)
The conclusions of the TIA shall be valid for two years from
the time of approval by the City.
(e)
If the Director of Public Works determines a developer is required
to mitigate trips generated from the proposed project site, then the
developer shall construct the improvements as stipulated by the Department
of Public Works. In the event that the Department of Public Works
determines that the developer is unable to provide the improvements
because of the inability to acquire the necessary rights-of-way, the
physical constraints of the property or county, state or federal regulations,
all of which are beyond the control of the developer, then the developer
may:
[1]
Propose an improvement at another location where the Director
of Public Works has identified an operational issue; or
[2]
Pay a fee in lieu of the improvements in the amount of 100%
of the funds necessary to cover the costs of the improvements as determined
by the City. The funds shall be used for other roadway improvements,
such as bicycle and pedestrian projects, sidewalk construction and
replacement and safety improvements on, or adjacent to, City streets.
(f)
The Director of Public Works and/or the Director of Planning
shall determine the timing of improvements. Improvements may be phased
for larger projects at the discretion of the Directors.
(2) Access permits.
(a)
Any permanent construction within the City right-of-way will
require an applicant to obtain an access permit from the Department
of Public Works prior to commencement of construction. Permanent construction
includes the construction of driveways, new roads and any other permanent
structures within the City right-of-way.
(b)
All accesses constructed to a City right-of-way are required
to meet the Harford County Road Code, including the paving of that
portion of the driveway within the right-of-way.
(c)
All construction must meet minimum sight distance requirements
within the Harford County Road Code.
(d)
All construction must be approved and inspected by the Department
of Public Works prior the issuance of a certificate of occupancy.
(e)
All construction shall maintain minimum clearances from all
water, sewer, storm drain and other utilities. One foot of vertical
clearance and five feet of horizontal clearance are required. The
Director of Public Works may authorize a reduction in the clearances
due to constraints.
(3) There shall be no ingress or egress to any building or premises except
from streets, alleys, private roads, sidewalks, doorways, or other
means of ingress or egress approved by the City agency.
(4) Facilities for pedestrians and cyclists, such as sidewalks and parking
facilities, shall be provided where appropriate.
I. Outdoor storage and display.
(1) All outdoor storage shall conform to Subsection
J of this section. No outdoor storage area shall exceed 20% of the ground floor area of the principal building, nor shall any such area be located in a front yard.
(2) Outdoor storage or display of merchandise related to nurseries, garden
centers, crop farms, or similar uses shall not be subject to this
section.
(3) No motor vehicle, tractor trailer container, converted or retrofitted
tractor trailer containers, or other storage container of any kind,
or portion thereof, shall be used for storage of materials, except
during the course of construction at or on the premises or for temporary
storage, not more than 30 days pending a move from one location to
another.
(4) The storage of recreational vehicles, boats, trailers, food trucks,
campers and similar conveyances, or portions thereof, shall conform
to regulations located elsewhere herein.
J. Screening. For all commercial, industrial and institutional uses, when so required by the Planning Commission and/or the Board of Appeals, permitted outdoor uses, structures and other appurtenances, including, but not limited to, roof- and ground-mounted equipment, parking and loading areas, garbage and trash receptacles and outdoor storage areas, shall be located within enclosures or structures and/or shall be otherwise adequately screened from public view, from adjacent properties and streets, as determined by the City of Havre de Grace agency, excepting such exemptions as may be permitted pursuant to §
205-11I(3) above.
The several provisions of this chapter are separable.
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provision of this chapter. If any court of competent jurisdiction
shall adjudge invalid the application of any provision of this chapter
to a particular property, building, structure or use, such judgment
shall not affect the application of such provision to any other property,
building, structure or use.