Part 5 Dimensional Requirements and Standards

Within the Village Center District, developers and property owners have the flexibility needed to develop and/or redevelop properties in keeping with the purpose of the district.

Requirements.

The lot dimensional, density, and bulk requirements set forth in Tables 2 and 3 shall apply to all new construction.

In the case of corner lots, a front yard of the required depth shall be provided in accordance with the predominant yard pattern and a second front yard of equal depth shall be provided on the other frontage. In the case of corner lots with more than two frontages, the Zoning Administrator shall determine the requirements for each.

[Amended 1-27-2020 by Ord. No. 2020-001]

§ 120-5.1.2 Exceptions to lot and bulk requirements.

Impervious surfaces (surfaces that do no absorb rain, including buildings, streets, driveways, sidewalks, patios, parking areas and any other surfaces that are paved or are otherwise impervious to water) shall be minimized to the maximum extent possible. While the maximum permissible level of impervious coverage for each lot is provided in Table 3, within the critical area the Town shall require that impervious surface coverage be minimized to the extent possible as a condition of any development approval and to this end may require that pervious surfacing materials be substituted for impervious surfaces or that driveway and other proposed impervious surfaces be the smallest necessary to serve their intended function, or impose other comparable restrictions.

Illustrative examples. Illustration 1 - Example A shows the application of the key dimensional requirements which are set forth in Table 2 and 3.

Illustration 1 - Example A

Table 2: Dimensional and Density Requirements
	Minimum Dimensional Requirements					Maximum Density/Intensity (gross)
Zoning District	Lot Area (square feet)	Area Per Unit (square feet)	Lot Width (feet)	Lot Depth (feet)	Street Frontage (feet)	Dwelling Units (per acre)	Floor Area Ratio¹
TND Lot Types
Single-family detached	5,400	5,400	50	100	50	6
Single-family attached	3,000	3,000	22	100	22	10	—
Multifamily	1 acre	2,000	100	—	100	14	—
Civic, other	5,400	—	50	100	50	—	0.4
Village Center (V-1) Lot Types
Single-family detached	5,000	5,000	50	90	50	7	—
Single-family attached	2,000	2,000	18	90	18	12	—
Multifamily	1 acre	2,000	100	—	100	14	—
Commercial	5,000	—	50	90	50	—	0.65
Civic, other	5,000	—	50	90	50	—	0.6
Village Commercial (V-2) Lot Types
Single-family attached	2,000	2,000	18	90	18	12	—
Multifamily	1 acre	1,500	100	—	100	22	—
Commercial	5,000	—	50	90	50	—	0.65
Civic, other	5,000	—	50	90	30	—	0.6
Marine Commercial (MC) Lot Types
Commercial, other	—	—	—	—	—	—	0.55
General Commercial (GC) Lot Types
Commercial	21,000	—	100	100	100	—	0.5
Civic, other	21,000	—	100	100	100	—	0.35
Resource Conservation (RC) Lot Types
Single-family detached	1 acre	10 acres	—	—	30	0.1	—
Civic, other	2 acres	—	—	—	30	—	—

¹	Floor Area Ratio (FAR) - The ratio derived by dividing the total floor area of a building by the gross site area.

Table 3: Yard and Bulk Requirements [Amended 12-8-2014 by Ord. No. 11052014]
	Minimum Yard Requirements			Maximum Bulk Standards
Zoning District	Front (feet)	Side (feet)	Rear (feet)	Height³ (feet)	Building Coverage⁴	Impervious Surface Coverage
TND Lot Types
Single-family detached	15²	8	25	35	30%	40%
Single-family attached¹	15	20	20	35	43%	45%
Multifamily	30	25	25	35	40%	50%
Civic/other	15	8	25	35	33%	40%
Village Center (V-1) Lot Types
Single-family detached	10	8	25	35	40%	45%
Single-family attached	15	20	20	35	48%	50%
Multifamily	15	25	25	35	40%	50%
Commercial	15	8	20	35	50%	60%
Civic/other	15	8	20	35	50%	60%
Village Commercial (V-2) Lot Types
Single-family attached	15	20	20	35	48%	50%
Multifamily	15	25	25	35	40%	50%
Commercial	15	8	25	35	85%	85%
Civic/other	15	8	20	35	60%	60%
Marine Commercial (MC) Lot Types
Commercial, civic, other	15	20	25	35	50%	60%
General Commercial (GC) Lot Types
Commercial	30	20	20	35	50%	60%
Civic/other	30	20	20	35	50%	60%
Resource Conservation (RC) Lot Types
Single-family detached	30	25	25	35	10%	10%
Commercial/civic/other	30	25	50	35	10%	10%

¹	For attached units, the entire structure shall be considered a single building with respect to side yard requirements
²	All recorded subdivisions of land greater than 1/2 acre in size shall provide a front yard setback on each lot created which shall be within the range of 10 to 20 feet. No setback on any lot shall be greater than 30 feet, except as may be allowed by § 120-5.1.2A(1).
³	For flat roofs on single-family structures, the maximum building height shall be 33 feet.
⁴	Accessory buildings shall be included in the calculation of maximum building coverage.

Exceptions by district.

In the Traditional Neighborhood Development and Village Center Districts, the front setback shall not vary by more than 5% of the average of the existing setbacks for buildings on the same side of the street within 300 feet of the proposed building, except as provided in Subsection A(3) of this section.

In the Village Center and Village Commercial Districts, where a side lot line of a commercial use coincides with a side lot line of another commercial use, the side lot line may be reduced to zero provided the following findings are established:

(a)

Access of emergency personnel on the site would be adequately provided; and

(b)

The Fire Chief submits a favorable recommendation in writing.

For properties in the Village Center District, the Planning Commission may, but is not required to, approve the redevelopment of properties, including through the teardown and rebuilding of any structure, with quantitatively the same lot dimension and building bulk parameters that existed on the site prior to redevelopment or with standards that are in greater conformance with the dimensional requirements of Tables 2 and 3, provided such structure existed prior to the adoption of this chapter. The following procedures shall govern the review:

(a)

The Planning Commission may approve a project under the terms of this provision only upon review of a Category 1 site plan and such approval shall not require a variance or administrative adjustment.

(b)

The Planning Commission may approve a project under the terms of this provision whether or not the property is a nonconforming use or structure provided the redevelopment project would not result in the expansion of a nonconforming use or structure.

(c)

The Planning Commission may establish conditions on its approval of any project approved under the terms of this chapter to address any possible adverse effects of the site's adherence to any preexisting dimension and bulk parameters.

(d)

The Planning Commission may condition its approval on there being greater conformance to one or more of the dimensional or bulk requirements of this chapter.

(e)

An applicant for such approval shall adhere to Historic District plan review procedures if the property is in the Historic District.

Allowable extensions into yard areas. The following features may extend into required minimum setback areas but only as qualified below:

Cornice, canopies, awnings, eaves, or other similar features which are at least eight feet above grade may extend no more than four feet into any required yard in any district.

Chimneys may extend no more than two feet into any required side yard.

Any uncovered and completely unenclosed patio, terrace, or deck, or stairs with a floor no higher than that of the first floor level of the building, may extend six feet into any required yard, but not nearer to any lot line than a distance of four feet.

In the TND District, a covered porch may extend six feet into the front yard.

Height.

The height limits of this chapter shall not apply to steeples, spires, belfries and cupolas not for human occupancy, water towers, equipment for the operation of a building, chimneys, flag poles, radio towers, masts, aerials and other similar structures. Antennas are allowed in all districts but shall not be higher above the roof than the distance of the building to the nearest property line or prescribed boundary.

§ 120-5.1.3 Accessory building/structure requirements.

Building height shall be as defined in § 120-9.2.1 of this chapter. Illustration 2 below shows the application of the height requirement in the TND Zone for single-family detached buildings per Table 3.

Illustration 2

Location of accessory buildings and structures. The following provisions apply to the location of accessory buildings:

Accessory buildings shall not extend forward of the rear building line more than three feet of any existing building.

[Amended 1-27-2020 by Ord. No. 2020-001]

Accessory buildings shall not be located closer than six feet to any side property line or five feet to any rear property line, except in the Village Center, where accessory buildings and structures may be as close as three feet to the side property line.

Height of accessory building or structure.

Where the high point of the roof of any accessory building exceeds 12 feet in height, the accessory building shall be set back from the rear lot line an additional two feet for every foot of height exceeding 12 feet.

In the Traditional Neighborhood Development and Village Center Districts, the maximum height of an accessory building shall be 20 feet. In all other districts the maximum allowed height shall be the maximum height of the principal structure on the lot.

Accessory swimming pools. Accessory swimming pools shall occupy a rear or side yard provided they are not located closer than six feet to a rear or side lot line.

[Amended 1-27-2020 by Ord. No. 2020-001]

A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls.

All in-ground swimming pools shall be enclosed by a fence at least four feet in height approved by the Zoning Administrator as provided in § 120-5.1.4 of this chapter. Aboveground pools shall be permitted without a fence if there is a removable ladder or other means to prohibit unauthorized use.

Building permits required. Any accessory building or structure shall require a zoning permit before placement.

[Amended 1-27-2020 by Ord. No. 2020-001]

§ 120-5.1.4 Fences and walls.

Approval required.

No fence, wall or other type of construction shall be erected without Zoning Administrator approval except that fences and walls contained within Category 1 site plans shall be reviewed and approved by the Planning Commission concurrent with the site plan review.

An application to erect a fence or wall shall be accompanied by a survey plot plan if it is available and a sketch at minimum showing the proposed location of any fence in relation to property boundaries and improvements, and the material proposed to be used, which must be in accordance with this chapter.

Fence height limitations. In all districts, no fence shall be more than six feet in height. Any fence that extends three feet forward of the rear building line shall be no higher than 48 inches in height. Exceptions shall be permitted for industrial, institutional, or utility structures.

[Amended 1-27-2020 by Ord. No. 2020-001]

Location restrictions.

A fence may be located on the property line except in the front yard. Any fence erected in a front yard or a side yard bordering a public street shall be placed at least one foot back from the front or side property line or from the edge of a public walkway or street and/or property line, except that when the fences around two neighboring yards are aligned with each other, then the fence may be placed in line with those fences.

All fences or walls must be erected so as not to encroach upon any public rights-of-way or easements unless a waiver is granted by the Town Council of Chesapeake City with the stipulation that the fence be removed or relocated upon request by appropriate Town officials.

All fences or walls must be erected within the property line, and none shall be erected so as to interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on public or private property.

If a fence has a finished side, such side shall face away from the property upon which the fence is erected, or if the fence is placed on a property line, the finished side shall face away from the property owned or occupied by the owner of the fence. The "finished side" is defined as the side of the fence without exposed supports or posts.

[Added 12-8-2014 by Ord. No. 11052014]

Materials and composition.

[Amended 12-8-2014 by Ord. No. 11052014; 1-27-2020 by Ord. No. 2020-001]

No fence shall be erected in a front yard or along a public right-of-way in the Traditional Neighborhood Development District, Village Center District, and Village Commercial District unless the fence is uniformly less than 50% solid.

Chain-link fences are specifically prohibited in the Town.

Split rail fences with PVC coated (14/16 gauge) steel welded wire shall be acceptable. Three-foot split rail fences shall have two rails and four-foot fences shall have three rails. All wire shall be fastened to the interior of the fence and no wire shall extend above the top rail. No split rail fence shall be used to enclose a pool.

The following fences and fencing materials are specifically prohibited in the Town, except within the Resource Conservation District: barbed wire, pointed fences less than three feet in height, canvas fences, cloth fences, electrically charged fences, poultry fences, turkey wire, wire fences, temporary fences such as snow fences, expandable fences and collapsible fences, except during construction of a building or site.

(5)

All entrances or gates which border a public right-of-way or are positioned along a property line shall open into the property.

Action of Zoning Administrator.

Any fence, wall or similar structure which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction affecting the public safety is prohibited.

The Zoning Administrator shall order any fence, wall or similar structure which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction affecting the public safety or is in disrepair to be repaired or removed.

Any person who shall refuse or neglect to comply with the written direction of the Zoning Administrator shall be guilty of a violation of this chapter and shall be subject to its penalties.

In reviewing an application for a fence, wall, or similar structure in the front or side yard visible from the public right-of-way, the Zoning Administrator may consider the impact of the proposal on the protection of the aesthetic character of the neighborhood.

Article 5.2 Creation of Lots

§ 120-5.2.1 Standards for new lots.

Lot sizes. Lots shall be created to conform to the size and dimensions set forth in Table 2 of Article 5.1. In no case may a lot be platted which has less area or width than required by this chapter in the zone where it is to be located.

Lot shape.

Excessive lot depth in relation to lot width should be avoided, with a proportion of 2.5 to 1 considered a desirable maximum. Pointed or irregular lot shapes shall be avoided.

Side lot lines should generally be at right angles to straight street center lines and radial to curved street center lines. However, this standard is not intended to prohibit the creation of lots at a reasonable angle to the street where the intent is to create a lot orientation to enhance solar-related energy techniques.

Corner lots shall be equal to noncorner lots in lot width and depth plus shall have added area to comply with minimum front yard setback requirements on each frontage.

No subdivision plat shall create remnants of land that would have no apparent use or control.

(5)

Flag, pipestem, or panhandle lots shall not be permitted.

(6)

Double frontage and reverse frontage lots shall be strictly avoided except where required to avoid fronting lots onto arterial or other major nonaccess streets, or to separate residential areas from incompatible nonresidential development, or to overcome some specific and unique site related disadvantage such as topography.

Frontage and access to streets.

Except along streets existing prior to January 1, 2011, no residential lot shall be created which does not both front onto a public street and back onto an alley.

Minimum street frontage shall be as set forth Table 2 of Article 5.1. Street frontage shall be measured at the established minimum setback for the zoning district where located.

Upon approval of Cecil County Emergency Services, a street address for each lot shall be as assigned by the Town in order to ensure a separate and distinct address for each lot created.