[Amended 4-8-1987]
The R-1 and R-2 Low-Density Districts are intended to encourage
and promote the development of single-family residential neighborhoods
free from land usage which might adversely affect such development.
Such districts may incorporate large lot sizes in which the green
space desired is entirely within the lot, or they may encourage the
formation of cluster-type developments in which the lot sizes and
made smaller and the area which results from the reduction of the
area of each lot to the minimum standard for the district is provided
and maintained as recreation areas to serve the needs of the residents
of the development.
[Amended 4-8-1987]
The R-3 Medium-Density District is intended to provide an attractive,
pleasant living environment at a sufficient density to maintain a
high standard of physical maintenance and community service. The district
encourages the compact development and optimum utilization of land
appropriate for residential use by encouraging cluster-type development
while simultaneously leaving sloping areas, floodplains and other
unbuildable areas open and available for recreational and athletic
purposes.
[Amended 4-8-1987]
The R-4 High-Density District is intended to make the development
of land having natural and locational advantages economically feasible
by the variety of housing types while continuing to encourage the
provision of the basic amenities of an attractive and safe residential
environment. This district encourages cluster-type development, and
the increased density that results makes their location at the edge
of residential neighborhoods and good access to major highways, central
shopping areas, schools and other public facilities most essential.
[Amended 6-25-1980; 4-8-1987]
The following uses are permitted in the R-1 and R-2 Districts:
[Amended 4-8-1987]
The following uses are permitted in the R-3 District:
[Amended 9-9-1987]
The following uses are permitted in the R-4 District:
The following uses are permitted by special exception in the
residential districts, subject to approval of the Board of Appeals:
A.
Nursery school, kindergarten or child-care center, provided that
it contains an adequately sized play area, fully fenced and enclosed,
and the main structure is no closer than 20 feet to any adjacent zoning
district line or lot line.
B.
Boarding and lodging homes, not primarily for transients, provided
that off-street parking of 1.5 spaces per boarder or lodger is provided,
and provided that yard requirements shall conform to those of a multifamily
structure (R-4 District only).
[Amended 4-8-1987]
C.
Medical centers and rest and nursing homes, provided that off-street
parking space is provided for each attendant or worker and for each
three patients to be cared for therein, and provided that yard requirements
shall conform to those of a multifamily structure.
D.
Laundry facilities located within a multifamily dwelling for the
use of residents of the apartment or apartment complex and not for
use as a commercial enterprise (R-4 District only).
[Amended 9-9-1987]
E.
The office of a resident physician, dentist, architect, engineer,
attorney or similar professional person located in that person's home,
or the operation of a beauty parlor or barbershop having one chair,
provided that:
(1)
There is no exterior evidence other than a permitted sign to indicate
that the building is being used for any purpose other than that of
a dwelling.
(2)
The construction does not produce a show window or display window
effect.
(3)
Only one person other than the owner may be engaged or employed.
(4)
Sufficient off-street parking is provided, with three spaces being
considered minimal. Such parking shall be in the side or rear yard.
(5)
The total area devoted to the office does not exceed 30% of the square
footage of the dwelling unit.
F.
Clubs, lodges and hospitals (R-4 District only).
[Amended 4-8-1987; 8-10-2023 by Ord. No. 2023-03]
G.
Essential services.
H.
Three-family apartment building, in the R-3 Residential District
and subject to the requirements of the district, except as herein
provided:
[Added 4-13-1983; amended 4-8-1987]
(1)
Permitted only in structures or that portion of the structures that
existed prior to the date of enactment of this subsection (April 13,
1983).
(2)
The structure to be converted must contain a minimum of 2,700 square
feet of gross floor living area [excluding cellars (see definition)].
No addition(s) constructed after the date of enactment of this subsection
(April 13, 1983) may be included in the calculation of gross floor
living area.
(3)
No external structural additions can be made to the existing structure
(except minor appurtenance changes, such as fire escapes, dormer windows,
etc.) in order to accommodate the third apartment unit.
(4)
On-premises off-street parking is provided in accordance with the
zoning requirements for multifamily dwellings.
(5)
There will be one family per dwelling unit, and no additional leasing
of rooms to persons who are not members of the families residing in
the dwelling units will be allowed.
(6)
The conversion must not negatively impact the physical conditions
of the area or be detrimental to the character of the neighborhood.
(7)
The structure to be converted must be maintained in a reasonable
state of repair.
(8)
The minimum lot area shall be 10,000 square feet, with the minimum
lot width and yard depth to be that required for two-family dwellings.
[Amended 9-9-1987]
I.
Country inn-family restaurant. A "country inn" is an establishment
for eating purposes only, in a structure which existed on January
24, 1977, provided that:
[Added 12-14-1988]
[Amended 6-25-1980; 1-12-1983]
A.
Table of dimensions.
[Amended 10-26-1983; 4-8-1987]
|
Use Type
|
Minimum Lot Area Per Unit
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Yard Depth Each
| ||
|---|---|---|---|---|---|
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
| |||
|
Low density
| |||||
|
R-1 District
|
22,000
|
100
|
40
|
15
|
40
|
|
R-2 District
|
15,000
|
75
|
35
|
10
|
40
|
|
Medium density
| |||||
|
R-3 District
|
10,000
|
60
|
35
|
8
|
40
|
|
Two-family dwelling
|
5,000
|
60
|
35
|
8
|
40
|
|
High density
| |||||
|
R-4 District
| |||||
|
Multifamily dwelling
|
3,000
|
See Subsection B
| |||
|
Townhouse (see Subsection B)
|
25
|
30
| |||
B.
Townhouses.
(1)
For townhouses in the R-4 District, the structures shall not occupy
more than 40% of the gross lot area. The average dwelling-unit density
shall not exceed six units per net development acre of land within
each development, with not more than six units per structure. "Net
developable land" is that land remaining after annual floodplain areas
and rights-of-way for major arterial or minor arterial highways have
been deducted from the gross site area. The maximum length of each
structure shall not exceed 144 feet.
[Amended 4-8-1987]
(2)
For townhouses in the R-4 District, buildings shall be set back a
minimum of 100 feet from the property line when adjoining major arterial
right-of-way. When adjoining a minor arterial right-of-way, the rear
building setback shall be not less than 50 feet, and the front and
side yard setbacks shall be not less than 30 feet each, except when
the setback adjoins another right-of-way, in which instance, the front
and/or side yard setback shall be a minimum of 20 feet. Whenever the
property being developed adjoins an A or R-1 zoned property, the building
setback shall be not less than 100 feet. Whenever the property being
developed adjoins any district other than A or R-1, the building setback
shall be a minimum of 50 feet unless the adjacent property is a part
of the same development.
[Amended 4-8-1987]
(4)
In all townhouse developments, the minimum gross land area devoted
to open space shall be at least 40% thereof.
[Amended 4-8-1987]
(5)
The minimum lot area per family or rental unit for townhouses in
an R-4 District shall be 2,400 square feet, and in an R-3 District,
it shall be 1,600 square feet.
[Amended 4-8-1987]
(6)
Landscaped areas. Unless changed by the Planning Commission, the
minimum landscaping required for all townhouse development in an R-4
District shall be:
[Amended 4-8-1987]
(a)
A twenty-foot-wide landscaped edge along all external development
lines shall be provided.
(b)
In addition, for parking areas near buildings, there shall exist
a landscaped area with a minimum width of 15 feet between the front
or end of a building and parking area, and where a parking area is
continuous for more than 10 spaces, there shall exist a landscaped
island of at least 10 feet in width between the parking area and the
remaining property. All landscaping plans are to be approved by the
Planning Commission.
(7)
Fencing. If fences are to be permitted in a townhouse development,
the subdivider shall prepare and submit to the Planning Commission
a fencing plan. The fencing plan shall show the anticipated arrangement
of fences and shall limit the fence design and materials to one per
building style, said plan to be approved by the Planning Commission
prior to final site plan approval. All restrictions or conditions
as to fencing, including no fencing being permitted if this is desired,
shall be a part of the declaration of covenants existing for the development
as well as becoming a part of all contracts for the sale of each townhouse
unit. In addition, each purchase of a townhouse unit must be furnished
with a written reference to the fencing plan, a copy of which shall
be made available to each purchaser by the developer, prior to the
full execution of all contracts of sale for a townhouse.
C.
Apartment buildings.
(1)
For apartment buildings in the R-4 District, the structure shall
occupy not more than 25% of the gross lot area. The average dwelling
unit density shall not exceed six dwelling units per net developable
acre of land within each apartment development, with not more than
six units per structure. "Net developable land" is land remaining
after annual floodplain areas and rights-of-way for major arterial
or minor arterial highways have been deleted from the gross site area.
[Amended 4-8-1987]
(2)
For apartments in the R-4 District, buildings shall be set back a
minimum of a distance of 100 feet from the property line when adjoining
a major arterial right-of-way. When adjoining a minor arterial right-of-way,
the rear building setback shall not be less than 50 feet and the front
and side yard setback shall not be less than 30 feet each, except
when the setback adjoins another right-of-way, in which instance,
the front and/or side yard setback shall be a minimum of 20 feet.
Whenever the property being developed adjoins any district other than
A or R-1, the building setback shall be a minimum of 50 feet, unless
the adjacent property is a part of the same development.
[Amended 4-8-1987]
(4)
In all apartment building developments, the minimum gross land area
devoted to open space shall be 40% thereof.
(5)
Landscaped areas. Landscaping of apartment building development shall
be the same as for townhouse development, including parking areas.
A.
No building will exceed three stories or 35 feet in height unless
each side yard is increased over the required minimum by five feet
for every five feet, or fraction thereof, of additional height over
35 feet. In no case shall the building height exceed 50 feet.
B.
For townhouses in the R-4 District, no building will exceed three
stories or 45 feet in height unless each side yard is increased over
the required minimum by five feet for every five feet, or fraction
thereof, of additional height over 45 feet. In no case shall the building
height exceed 50 feet.
[Added 7-11-2018 by Ord.
No. 2018-06]
[Amended 2-28-2001 by Ord. No. 2000-9]
[Amended 1-28-2015 by Ord. No. 2014-08]
A.
Intent and purpose: OTM District. The purposes of the Old Town Mixed-Use
District are to promote the use and reuse of existing structures in
the Old Town area as designated on the Comprehensive Plan and Zoning
Map, and to preserve the historic mix of small-scale retail, office
and residential uses within the Old Town area as designated on the
Comprehensive Plan and Zoning Map. The Old Town area is located within
that part of the Town's corporate limits bounded by the following
streets: Maple Avenue, Maryland Avenue, Fulton Avenue, Main Street
(from Frederick Street to George Street), Pennsylvania Avenue (from
the railroad to Clinton Street), Green Street, George Street (from
Pennsylvania Avenue to Clinton Street) and Frederick Street (from
Main Street to Nicodemus Road). The residential character of properties
in the OTM District will be maintained through appropriate size, location
and scale buildings, materials used, landscaping and lighting and
other performance standards. This district is not intended to accommodate
commercial uses that are more appropriate for the B-1, B-2 and B-O
Districts and that entail high-volume traffic turnover, large parking
areas and/or outdoor storage and display areas.
B.
Permitted uses: OTM District.
(1)
Government facilities, professional/business offices, except medical
and veterinary offices.
(2)
Retail sales and services, except retail liquor sales.
(3)
Personal services.
(4)
Bed-and-breakfasts.
(5)
Single-family dwellings.
(6)
Two-family dwellings.
(7)
Residential apartments over commercial uses.
(8)
Places of worship.
(9)
Three-family dwellings.
C.
Site plan required: OTM District. All new uses, change of uses of,
expansions of, alterations to or additions to existing lawful uses,
except single- and two-family dwellings which will be used for that
purpose, shall be subject to site plan approval by the Planning Commission.
D.
Performance standards: OTM District.
(1)
No more than three separate uses shall be permitted per lot. Each
dwelling unit and commercial establishment shall be counted as one
use.
(2)
No residential uses shall be permitted within accessory structures.
(3)
No retail liquor sales permitted in connection with any permitted
use.
(4)
No drive-through facilities permitted.
(5)
Maximum building height of 35 feet.
(6)
Outdoor storage or display of goods, materials or equipment shall
be permitted to cover no more than 250 square feet or 20% of the front
yard, whichever is less. No outdoor storage or display shall exceed
five feet in height. All outdoor storage must be adequately landscaped
and screened as determined by the Planning Commission.
(7)
When reviewing plans for new construction or substantial alterations,
the Planning Commission will consider the following in order to make
its determination that the development complements or enhances the
residential character of the area:
(a)
The materials of the exterior;
(b)
The type and pitch of roofs;
(c)
The size and spacing of windows, doors and other openings;
(d)
The size, type and location of signs;
(e)
Towers, chimneys, roof structures, flagpoles, radio and television
antennas;
(f)
The relation to existing buildings and structures in the general
vicinity and area.
(8)
All new or expanded uses shall be appropriately screened, buffered
and landscaped as determined by the Planning Commission.
(9)
Hours of operation. No nonresidential use may be open for business
earlier than 7:00 a.m. or later than 10:00 p.m.
(10)
No nonresidential use may accept deliveries from a truck over
25,000 pounds gross vehicle weight nor may a truck or other mobile
equipment be operated on the premises of any nonresidential use earlier
than 8:00 a.m. or later than 6:00 p.m., Monday through Saturday, or
at all on Sundays.
(11)
Noise. All air-handling equipment or other noise-generating
equipment shall be located a minimum of 10 feet from any property
line, and shall be screened as determined by the Planning Commission
to prevent noise intrusion onto or visibility from adjacent residential
properties. Noise-generating uses shall be prevented from intruding
on adjacent properties by their operation, location in the building
and/or construction (e.g., sealed windows). Noise levels of noise
generating equipment shall not exceed 80 dB as measured at any of
the property lines.
(12)
Lighting. All lighting shall be designed to eliminate light
overflow onto adjacent properties. Any signage, building or parking
lighting not necessary for security purposes shall be placed on automatic
timing devices which allow illumination to commence each day 1/2 hour
before the business is open to the public and to terminate 1/2 hour
after the close of business.
(13)
Off-street parking requirements for permitted uses.
(a)
Changes of use, expansion of/alteration to existing uses, and
new uses in structures which exist prior to January 1, 2001:
[1]
No additional off-street parking spaces required. The Planning
Commission may require that existing parking spaces (or an equivalent
number of spaces) be preserved on site.
(14)
Signs. Signs shall be permitted in accordance with the requirements of § 88-14 of the Town Code.
(15)
The Planning Commission shall determine the width of commercial
entrances as part of site plan review.
E.
Special exception uses: OTM District. The following uses are permitted as special exceptions in the OTM District when the requirements for a special exception under Article IX of this chapter are satisfied and when authorized by the Board of Appeals:
(1)
Day care, nursery school, senior day care, provided the following
standards are met:
(a)
Customer dropoff area is provided.
(b)
No more than one commercial vehicle is stored on the property.
(c)
Safe and orderly flow of traffic can be assured.
(d)
Off-street parking requirements for special exception uses are
met.
(e)
All performance standards and lot and yard dimensional requirements
of the OTM District are met.
(3)
Bakeries and caterers, provided the following standards are met:
(4)
Funeral homes, provided the following standards are met:
(5)
Restaurants, provided the following standards are met:
(a)
Maximum number of customer seats permitted is 50.
(b)
Safe and orderly flow of traffic can be assured.
(c)
Liquor sales only permitted in conjunction with food sales.
(d)
No live entertainment shall be permitted.
(e)
Off-street parking requirements for special exception uses are
met.
(f)
All performance standards and lot and yard dimensional requirements
of the OTM District are met.
(6)
Art or craft studio; martial arts instruction; music or dance studio;
exercise or fitness studio; or other type of private instruction;
provided the following standards are met:
(a)
Customer dropoff area is provided.
(b)
The number of clients or students shall not exceed 12 students
at any time in on one or more classes.
(c)
Classes of four or more students must be scheduled at least
15 minutes apart to reduce traffic congestion.
(d)
Safe and orderly flow of traffic can be assured.
(e)
Off-street parking requirements for special exception uses are
met.
(f)
All performance standards and lot and yard dimensional requirements
of the OTM District are met.
F.
Off-street parking requirements for special exception uses.
G.
Dimensional standards: OTM District.
|
Minimum Yard Depth
| |||||
|---|---|---|---|---|---|
|
Old Town Mixed-Use District
|
Minimum Lot Area
|
Minimum Lot Width
|
Front Yard
(one)
|
Side Yard
(each)
|
Rear Yard
(one)
|
|
Single-family dwellings
|
Not specified
|
Not specified
|
20
|
8
|
25
|
|
Two-family dwellings
|
Not specified
|
Not specified
|
20
|
8
|
25
|
|
Bed-and-breakfasts
|
Not specified
|
Not specified
|
20
|
8
|
25
|
|
Mixed-use lots
|
Not specified
|
Not specified
|
20
|
8
|
25
|
|
Other uses
|
Not specified
|
Not specified
|
20
|
8
|
25
|
H.
Other requirements: OTM District. Maximum first floor area of buildings
on a lot (excluding parking and accessory structures) shall be 5,000
square feet or 40% coverage of the total lot area, whichever is less.
This standard applies to additions and alterations to existing structures
as well as new construction.
[Amended 8-10-2023 by Ord. No. 2023-03]
A homeowners' association will be required if other satisfactory
arrangements have not been made for improving, operating and maintaining
common facilities, including drives, service and parking areas and
recreation areas in townhouse or apartment developments. When required,
the owner(s) must establish a homeowners' association in accordance
with the requirements and procedures outlined by the Federal Housing
Administration in Sections 7 and 8.2 of the Land Planning Bulletin
No. 6, entitled "Planned Unit Development with a Home Association,"
dated December 1963. The concept of the homeowners' association and
its bylaws must be approved by the Planning Commission.[1]
