A.
Off-street parking spaces. For the following uses
of buildings hereafter erected, or increased in size by as much as
20% of the size existing at the time of the adoption of these regulations,
or uses hereafter established, off-street parking facilities which
are outside the public right-of-way shall be required as follows:
(1)
All single-family detached dwellings shall provide
facilities for off-street parking for not less than three motor vehicles
per dwelling and all multifamily dwellings shall provide facilities
for off-street parking for not less than two motor vehicles per dwelling
unit or apartment.
[Amended 4-12-2004 by Ord. No. 244]
(2)
All, B-L, B-G, I-R and Planned Employment Center District
uses shall provide off-street parking facilities which are not more
than 300 feet distant from an entrance to said establishment, and
which shall accommodate normal parking requirements as determined
by the Zoning Administrator at the time of application for a zoning
certificate, but in any case, not less than the following:
[Amended 5-30-1982 by Ord. No. 125; 12-8-2014 by Ord. No.
288; 9-28-2015 by Ord. No. 291; 7-11-2016 by Ord. No. 296]
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Amusement arcade
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1 parking space for every two game machines
or amusement devices
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Automobile sales and service garages
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50% of floor area
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Banks, business offices, and professional offices
(other than a doctor's office)
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50% of floor area
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Bowling alleys
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5 spaces for each alley
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Churches and schools
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1 space for each 4 seats in a principal auditorium
or 1 space for each 10 classroom seats, whichever is greater
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Dance halls, assembly halls
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200% of floor area used for dancing or assembly
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Doctor's office
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8 parking spaces per doctor
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Funeral homes, mortuaries
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4 spaces for each parlor or 1 space for each
50 square feet of floor area, whichever is greater
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Furniture and appliance stores, household equipment
or furniture repair shops, over 1,000 square feet of floor area
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100% of floor area
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Hospitals
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1 space for each 2 beds
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Hotels, motels, lodging houses
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1 1/2 spaces for each bedroom
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Manufacturing plants
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1 space for each 2 employees on the maximum
working shift or 25% of floor area, whichever is the greater
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Microdistillery
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1 space per every 200 square feet of floor area.
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Nursing home
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1 space for each 4 beds
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Pubs, taverns, microbreweries, wine bars
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100% of floor area
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Restaurants, and nightclubs
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200% of the floor area
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Retail stores, supermarkets, etc., over 2,000
square feet floor area
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200% of floor area
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Sports arenas, auditoriums, other than in schools
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1 space for each 3 seats
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Theaters, assembly halls with fixed seats
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1 space for each 3 seats
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Commercial or club swimming pools
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1 space for each 3 members or each 3 persons
of estimated maximum capacity
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Wholesale establishments or warehouses
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1 space for each 2 employees or 10% of floor
area, whichever is greater
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(3)
In the case of any building, structure or premises,
the use of which is not specifically mentioned herein, the provisions
for a use which is so mentioned and to which said use is most nearly
similar shall apply.
(4)
Notwithstanding Subsection A(2) above, the Commission may, upon application in B-L and Planned Employment Center Districts only, authorize modification, reduction or waiver should the Commission find that adequate parking is existing or planned in the applicable B-L or Planned Employment Center District.
[Amended 12-8-2014 by Ord. No. 288]
(5)
The Board of Appeals may authorize, subject to provisions of § 180-110, a modification, reduction or waiver of the foregoing requirements, if it should find that, in a particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such modification, reduction or waiver.
[Amended 12-8-2014 by Ord. No. 288]
(6)
Every off-street parking area for more than five vehicles
shall be located at least 10 feet from every street line, and five
feet from every residential lot line. The edges of the parking area
shall be curbed or buffered, and the space between parking area and
street or lot line shall be landscaped and maintained in sightly condition.
Where adjoining a street, such landscaping shall consist of grass
and low shrubs or ornamental trees; where adjoining a residential
lot, it shall include a hedge of sufficient type and height (not less
than 30 inches) to protect and screen the adjoining property. If an
ornamental wall or fence is installed in lieu of such hedge, and accomplishing
the same purpose, then the five-foot strip may be omitted.
(7)
Any off-street parking area, including any commercial
parking lot for more than five vehicles, shall be surfaced or kept
treated in such manner as may be necessary to prevent any dust nuisance
to the neighboring property or the general public, shall be so graded
and drained as to dispose of all surface water accumulation within
the area and shall be so arranged and marked as to provide for orderly
and safe loading or unloading and parking and storage of self propelled
vehicles.
(8)
Any lighting used to illuminate any off-street parking
area, including any commercial parking lot, shall be so arranged as
to direct the light away from adjoining residential premises and from
public streets.
(9)
In providing required parking facilities, the minimum
standards shall be:
(a)
Access lane width: 25 feet for ninety-degree
(perpendicular) parking; 20 feet for angular parking.
(b)
Parking stall depth: 20 feet, except for parallel
parking stalls which shall be 25 feet, provided that the end stalls
may be reduced to 20 feet.
(c)
Parking stall width: a minimum of nine feet
measured perpendicular to stall depth, except for parallel parking
stalls which may be reduced to seven feet in width when the door on
each side of the vehicle can be opened without being obstructed.
(d)
Maneuverability and setback. In all cases, with
the exception of single- and two-family residences, parking facilities
shall be designed, constructed and delineated so as to facilitate
one-maneuver parking exclusive of road or street right-of-way, and
a minimum setback requirement of 10 feet from any public street right-of-way
shall be provided.
(e)
Continued maintenance. Parking stalls shall
be periodically repainted in order to maintain continuous and clear
identification.
(10)
Off premises restricted parking. Except as may
be otherwise provided by this chapter, the Board of Appeals may authorize,
following public hearing, an off-street restricted parking area which
is accessory to, but not on the same premises of any permitted, conditional
or nonconforming use, subject to the following conditions and limitations:
(a)
No charge shall be made for the parking of vehicles,
and the accessory use shall be clearly for the benefit of employees
or patrons.
(b)
The application shall be accompanied by the
names and addresses of all confronting and adjoining property owners
within 200 feet of the premises in question, who shall be given the
opportunity to be heard at public hearing.
(c)
The Board shall find the premises in question
to be within reasonable proximity to the principal, conditional or
nonconforming use to which it is accessory.
(e)
That a zoning certificate issued for an accessory
parking area shall be revocable subject to continued compliance with
any requirements or conditions.
(11)
Parking impact fee. The Planning and Zoning
Commission may permit fulfillment of all or part of the parking requirement
in the Downtown Business District to be satisfied through the payment
of a parking impact fee in lieu of on-site parking when on-site parking
is impractical due to site conditions. Parking Impact Fees shall be
determined by ordinance based upon a per-space cost. Parking impact
fee payments shall be used for the development of parking facilities
within the Downtown Business District as more particularly set forth
by ordinance.
[Added 12-11-2000 by Ord. No. 221]
B.
Off-street loading facilities. All B District and
I-R District uses shall provide adequate off-street loading facilities
for vehicles delivering to, unloading or removing goods, materials,
supplies, or waste in connection with said business or use. In connection
with every building and part thereof erected, having a gross floor
area of 10,000 square feet or more, and which is to be occupied by
manufacturing, storage, warehouse, goods display, retail store, wholesale
store, market, hotel, hospital or other similar use, there shall be
provided and maintained on the same lot with such building, at least
one off-street loading space, plus one additional such loading space
for each 20,000 square feet or major fraction thereof of gross floor
area so used in excess of the first 20,000 square feet. Each loading
space shall not be less than 10 feet in width, 45 feet in length and
14 feet in clear height. Such space may occupy all or any part of
any required yard or court space, except a front yard or the required
side yard on the side street of the corner lot. No such space shall
be located closer than 30 feet to any lot located in any R District,
unless the loading space is wholly within a completely enclosed building.
[Amended 9-24-1990 by Ord. No. 179; 12-8-2014 by Ord. No. 288; 12-12-2022 by Ord. No. 2022-06]
A.
Purpose. The purposes of these sign regulations are to encourage
the effective use of signs as a means of communication in the Town
without creating visual clutter or becoming a public nuisance, creating
blight or posing a hazard through unregulated placement; to maintain
and enhance the unique character of the Town by maintaining aesthetic,
built and natural environments; to create an attractive business climate
that fosters economic vitality and sustainability; to promote pedestrian
and vehicular safety; to minimize the possible adverse effects of
signs on nearby public and private property; and to enable the fair
and consistent enforcement of these regulations.
B.
In order to regulate signs in an orderly and comprehensive manner,
it is hereby provided that signs are subject to the following regulations:
(1)
Signs permitted without zoning certificate. The following signs are
permitted without a zoning certificate, provided that the following
conditions are adhered to:
(a)
Permanent signs located in any R district, not exceeding one
square foot in area.
(b)
Temporary signs, not exceeding nine square feet when located
in the Downtown Historic District and 32 square feet when located
outside of the Downtown Historic District. No sign shall be located
in a manner such that it impairs motorists' visibility. Should
temporary signage be placed on a public sidewalk or pathway, the signage
must leave a minimum of three feet of clearance for continuous passage.
(c)
A banner may be displayed across the roadway at the intersection
of Oklahoma/Sandosky Road and Main Street. No other locations within
the Town are approved for placement of across-the-roadway banners.
(2)
Signs requiring zoning certificate. The following signs are permitted
in accordance with zoning district regulations under the following
conditions and require a zoning certificate:
C.
Approval of location and maintenance of signs requiring zoning certificates. The following general regulations shall be observed with respect to the approval of location and maintenance of signs enumerated in Subsection B(2) of this section:
(1)
No sign shall be permitted that is an imitation of or which resembles
an official traffic control device, railroad sign or signal, or that
hides from view or interferes with the effectiveness of an official
traffic control device or any railroad sign, signal or traffic sight
lines. Illuminated signs shall be so constructed as to avoid glare
or reflection on any portion of an adjacent highway or residential
buildings; however, no flashing or rotating flashing illumination
shall be permitted.
(2)
No sign shall project over or into any street right-of-way or be
located more than 12 inches above a parapet wall or roofline.
(3)
Any sign that is attached to the ground shall be located in such
a manner that it does not impair motorists' visibility.
(4)
The total area for all signs shall not exceed four times each linear
foot of the building wall most nearly parallel to or fronting on the
street on which the building has its address. In the case of a corner
lot an additional 25% of sign area allowed may be authorized. In no
case shall the area of any one sign exceed 200 square feet. Size computations
for signs shall include all sides (where applicable) including the
entire face of the sign and any wall work incidental to its decoration
and shall include the space between letter figures and designs or
the space within letter figures and designs.
(5)
No sign shall be permitted that implies an imminent public health,
safety, or welfare emergency exists or that might cause unwarranted
panic to the general public.
(6)
No sign shall be placed closer than 300 feet to an intersection on
a dual or proposed dual highway or within 100 feet of any other intersection;
provided, however, that such signs may be affixed to or located adjacent
to a building at such intersections in such a manner that does not
cause any materially greater obstruction of vision than caused by
the building itself. No sign shall be so located to obstruct the vision
of motorists using entranceways, driveways, or any public road intersection.
(7)
No permitted sign shall be less than 35 feet from any public highway
right-of-way, if the distance between such sign and the nearest lot
line on which a building is located is 100 feet or less.
(8)
No sign shall be permitted that contains statements, words, or pictures
of an obscene nature. For the purposes of this section "obscene" means
any material that a reasonable person would find lacks serious literary,
artistic, political, or scientific value including depictions or descriptions
of sexual content in a patently offensive way.
(9)
No sign shall be placed on any infrastructure maintained by public
utilities.
(10)
No sign shall be permitted that is unsafe or endangers the safety
of a building, premises or person. Signs shall be maintained in a
good general condition and in a reasonable state of repair or the
Zoning Administrator shall order such sign to be made safe or repaired
and such order shall be complied with within five days of the receipt
of such order.
(11)
All signs shall be spaced in such a manner that, in the B-G
and I districts, there shall be a minimum of 300 feet between signs.
In the case of existing dual-lane highways, each side of the dual
highway shall be considered separately in determining such spacing
requirements. In the case of non-dual-lane highways, spacing shall
be determined and measured between signs regardless of the side of
the highway in which they are located or proposed.
(12)
Where a sign structure does not contain a sign for a period
of 120 days, such sign structure shall be removed.
(13)
Signs that do not have fixed locations, including mobile-type
signs so constructed as to be mounted on a preassembled vehicle or
other device and designed to be movable by means of attached wheels
or similar devices, shall not be permitted in any district. This prohibition
does not apply to commercial vehicles with permanently affixed (painted
directly on the body of the vehicle or applied as a decal) messaging.
(14)
No pennant, pinwheels or similar circus or carnival-type attractors
shall be permitted in any district other than at a Town-approved special
event.
D.
Overhanging signs. In addition to any conditions imposed in this § 180-89, the following general regulations shall be observed with respect to overhanging signs on buildings or structures located in the Downtown Historic District:
(1)
The applicant shall submit an application for a zoning certificate
authorizing such overhanging sign. The application shall be on a form
approved by the Town Zoning Administrator and shall include:
(a)
Two copies of a drawing which illustrates the building elevation
and the exact location of the sign;
(b)
Two copies of a drawing (to scale) which illustrates sign dimensions,
design, contents and other pertinent information as determined by
the Town Zoning Administrator; and
(c)
A nonrefundable application fee of $10.
(2)
The following size and height restrictions shall apply to each overhanging
sign:
(a)
The sign's maximum projection from the building wall shall
be 42 inches, provided that the sign shall be at least 12 inches from
or inside the curbline or sidewalk edge.
(b)
The sign must have an eight-foot minimum height from grade.
(c)
The sign is subject to a maximum height of 42 inches.
(d)
The sign is subject to a maximum thickness of six inches.
(3)
The sign shall not impair the historic atmosphere of Main Street
or the goals, objectives or policies of the Main Street Master Plan.
(4)
The sign shall be designed, manufactured, assembled and installed
with professional workmanship and use high quality materials designed
for use in the sign industry.
(5)
The contents of the sign shall be limited to the legal or trade name
of the business or the actual business product or service sold at
the location. No telephone numbers, addresses or other information
shall be permitted on the sign.
(6)
The applicant shall keep the sign in a good state of repair and ensure
that it remains properly secured to the building. Any failure of the
applicant to keep such sign in a good state of repair shall constitute
a zoning violation hereunder. The Town Zoning Administrator, or his
or her designee, shall give 15 days' written notice to the applicant
in the event that any such sign shall constitute a detriment to the
health, welfare or safety of the public for any reason, including,
but not limited to, the failure of the applicant to keep the sign
in a good state of repair. In the event that the status of the sign
has not been corrected within 15 days of the date of such notice,
the Town may repair the sign and ensure that it remains properly secured
to the building, at the sole cost and expense of the applicant. In
the case of any emergency with respect to any such sign, the Town
may correct or repair the sign immediately, without notice to the
applicant, and at the sole cost and expense of the applicant.
E.
Severability. The provisions of this section are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this section, or the invalidity
of the application thereof to any person or circumstances, shall not
affect the validity of the remainder of this section, or the validity
of its application to other persons or circumstances.
[Amended 5-28-1996 by Ord. No. 196]
A.
ALLEY
CLUSTER SUBDIVISION
COMMON SPACE
CONVENTIONAL SUBDIVISION
ZERO LOT LINE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A lane which provides rear access to a lot which fronts on
a public road.
A subdivision of land in which the single-family detached
dwelling units are situated together so as to suitably create common
space that is permanently protected and perpetually dedicated for
common use.
Land area within a cluster subdivision deeded as a parcel
or parcels separate from building lots and streets and perpetually
dedicated for conservation and/or recreational purposes as common
land. The ownership and purpose of common space shall be specified
by the Planning and Zoning Commission in approving a subdivision,
and only recreational facilities or other improvements consistent
with the approved purpose shall be permitted within the common space.
A subdivision of land in which all lots meet the minimum
area for dimensional requirements of this chapter for the underlying
district in which the subdivided parcel is located.
The location of a dwelling unit on a lot in such a manner
that one or more of the dwelling's sides rest directly on the four-foot
setback line. All lots providing for zero lot lines must also provide
for a five-foot easement on the neighboring property for access to
and maintenance of the dwelling.
B.
Purpose. It is the purpose of this section to provide
more flexible standards in the development of residential single-family
detached dwelling units to permit residential lots and yards to be
smaller than otherwise required under regulations applicable to the
underlying zoning districts. It is intended that use of these flexible
standards and requirements will direct development to those land areas
most suitable for development, will create a more attractive, creative,
and efficient use of land, and will achieve the following objectives:
(1)
The creation of common space within new residential
developments;
(2)
The maintenance and/or enhancement of the appearance,
character, and natural beauty of an area;
(3)
The protection of the local ecology and the quality
and quantity of underground and surface water and the preservation
of stands of trees and the natural landscape;
(4)
The protection of scenic vistas from the Town's roadways
and other places, such as homesites, hillsides, landmarks, and parks;
(5)
The preservation of the Town's traditional character
and creation of a physical connection with the rest of the Town;
(6)
The facilitation of the construction and maintenance
of streets, utilities, and public services in a more economical and
efficient manner, resulting in a reduced cost of providing public
services and infrastructure;
(7)
The encouragement of a less sprawling form of development.
C.
Applicability.
(1)
The Cluster Subdivision Overlay District classification is designed to promote the health, safety, and general welfare of the citizens of the Town by regulating the appropriate use of land in all areas of the Town and to encourage the placement and use of structures and use of land more in keeping with neo-traditional small town planning concepts. The regulations provided in this section constitute overlay zoning regulations, and are in addition to and not in lieu of all zoning regulations applicable to the underlying zoning district of the property. In the event of any conflict between the zoning regulations in the underlying zoning district and these overlay zoning regulations, these overlay zoning regulations shall control, unless such requirement is waived pursuant to the provisions of Subsection C(4) by the Planning and Zoning Commission.
(2)
The regulations provided in this section shall apply to the proposed development of all lands, buildings, and properties within the territorial limits of the Town of Sykesville where the primary use is intended to be residential single-family detached and attached dwelling units. The Planning and Zoning Commission will require that the provisions of this section be utilized in any tract or parcel of land to achieve the purposes and objectives of Subsection B, except: (a) when the tract or parcel of land will be developed in accordance with § 180-93, as a planned unit development; (b) when the tract or parcel of land is exempted from the regulations provided in this section by the Planning and Zoning Commission in accordance with the provisions of Subsection C(4) below; or (c) when the tract or parcel of land is otherwise grandfathered in accordance with the provisions of Subsection C(5) below. Determination of the applicability of this section shall be made at the time of sketch plan application and approval by the Planning and Zoning Commission.
[Amended 4-12-2004 by Ord. No. 244]
(3)
The overlay zoning regulations of this section shall
also apply to the redevelopment of any property within the boundaries
of the Town where the primary use is intended to be single-family
detached and attached dwelling units. "Redevelopment," as used herein,
means the process of substantially altering previously developed property
by the improvement or alteration, such as, by way of example only,
changing the lot lines, front, side, or rear yard areas, the building
envelope, increasing the total impervious surfaces on the property
by more than 25%, or otherwise altering the property in a manner that
increases the assessed value of the property by more than 50%. In
the event of redevelopment, the land being redeveloped shall be subject
to these overlay zoning regulations.
[Amended 4-12-2004 by Ord. No. 244]
(4)
Exemption. If the owner/applicant presents evidence satisfactory to the Planning and Zoning Commission that the objectives of Subsection B would be better satisfied by compliance with the requirements of the underlying zoning, then the applicant may be exempted by the Planning and Zoning Commission from compliance with this section.
[Amended 4-12-2004 by Ord. No. 244]
(5)
Grandfathered properties.
(a)
"Grandfathered," as used in this section, describes
the status accorded certain properties and development activities
that are exempt from the application of the overlay zoning regulations
as provided in this section.
(b)
Any lot on which development activities have
legally progressed to the point of pouring foundation footings or
the installation of structural members, prior to the effective date
of the overlay zoning regulations adopted in this section, will be
permitted to complete construction as per existing development approvals
(e.g., building permit).
(c)
Any legally buildable single lot or parcel of land of record, or any single lot or parcel of land for which final plat approval has been granted prior to the effective date of the overlay zoning regulations adopted in this section shall be grandfathered and may be improved or developed in accordance with all other provisions of this chapter, Chapter 145, Subdivision Regulations, and other Town ordinances then in effect.
(d)
Any lot, or parcel or land, for which preliminary plan approval has been granted and has not expired, or for which an extension of preliminary plan approval has been granted by the Planning and Zoning Commission prior to the effective date of the overlay zoning regulations adopted in this section, shall be grandfathered and may be improved or developed in accordance with all other provisions of this chapter, Chapter 145, Subdivision Regulations, and other Town ordinances in effect prior to the effective date of the overlay zoning regulations adopted in this section. However, any development activities on any such lot or parcels of land should comply insofar as possible with the overlay zoning regulations provided in this section if the development activity occurs after the effective date of the overlay zoning regulations adopted pursuant to this section.
D.
Standards. The following standards shall apply to
all cluster subdivisions:
(1)
Number of dwelling units permitted.
(a)
The number of dwelling units shall be determined
by the following procedure:
[1]
The gross acreage of the parcel to be subdivided
shall be determined through a survey performed by a licensed surveyor.
[2]
The interim acreage of the parcel to be subdivided
shall be determined by subtracting from the gross acreage the total
acres of wetlands and one-hundred-year floodplains which exist on
the parcel to be subdivided.
[3]
The net acreage of the parcel to be subdivided
shall be determined by reducing the interim acreage by 15% to account
for acreage which would have been dedicated to roads and other public
improvements under conventional zoning.
[4]
To determine the total number of dwelling units
permitted, the net acreage shall be multiplied by:
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0.34 when the underlying zoning is a C Conservation District, subject to the restrictions in Subsection D(1)(b)
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2 when the underlying zoning is Residence District
R-20,000
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4 when the underlying zoning is Suburban Residence
District R-10,000
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5 when the underlying zoning is Urban Residence
District R-7,500
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5 when the underlying zoning is Local Business
District B-L
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5 when the underlying zoning is General Business
District B-G
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5 when the underlying zoning is Restricted Industrial
District I-R
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The total number of dwelling units permitted
shall be rounded down to the nearest whole number.
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[5]
The resulting product shall be the total number
of dwelling units permitted on the parcel. This figure shall be shown
on the drawings and plans submitted by the applicant for preliminary
plan approval.
(b)
Where the property lies in more than one zoning
district, the permitted number of dwelling units shall be calculated
as above for each district and added to give a total number of dwelling
units. The dwelling units may be clustered in one or more districts,
except that dwelling units shall not be clustered in a C Conservation
District.
(2)
Bonus provision.
(a)
The Planning and Zoning Commission may allow and approve more than the number of dwelling units permitted under Subsection D(1) above, upon the Planning and Zoning Commission's determination that the proposed development, through the quality of its site design and architecture, displays sensitivity to the purposes of this section. The Planning and Zoning Commission may require renderings, scale models, topographical exhibits, description of housing types, and material selection. The following amenities and characteristics shall serve as guidance for determination of the bonus percentage to be allowed:
[1]
No culs-de-sac in the subdivision: bonus of
2%.
[2]
Parking facilities are provided behind all dwelling
units: bonus of 2%.
[3]
If a stormwater management pond is used, the
ratio is restricted to 6:1 maximum: bonus of 2%.
[4]
No roofline ratios are less than 12:10: bonus
of 2%.
[5]
Detached garages are used exclusively: bonus
of 2%.
[6]
Copper or tin roofs are used on at least 20%
of the dwelling units: bonus of 2%.
[7]
All front porches are deeper than six feet:
bonus of 2%.
[8]
Horizontal wood siding is used on at least 80%
of the dwelling units: bonus of 2%.
[9]
Fifty percent more than the minimum quantity
required of specimen trees greater than three inches caliper width
are included in the subdivision design: bonus of 2%.
E.
Design guidelines. In evaluating the sketch plan,
preliminary plan or final plan of a cluster subdivision, the following
criteria are among the matters that must be considered by the Planning
and Zoning Commission to find that the site design meets the purposes
of this section:
(1)
Location of building envelopes and landscaping.
(a)
Building envelopes should be selected that do
not include the tops of ridgelines.
(b)
Building envelopes should be located on the
edges of fields and/or on the edges of wooded areas to minimize the
visual impact of development.
(c)
Building envelopes should not include areas
with slopes in excess of 25%.
(d)
Existing stone rows and tree lines should be
preserved.
(e)
Trees on ridges should not be removed.
(2)
Lot lines and yards.
(a)
All dwellings and structures shall be located
a minimum of 50 feet from any adjacent C Conservation District and/or
any agriculturally zoned land.
(b)
No building envelope shall be placed closer
than five feet to any lot line, except single-family attached dwelling
units may be built side by side. Zero lot line dwelling units may
be built four feet from any other lot line, however, a five-foot easement
for access to and maintenance of the dwelling must be provided. If
new dwelling units are positioned immediately adjacent to existing
dwelling units, the size of the side yard setbacks for the new dwelling
units should follow the pattern established by the already-existing
dwelling units.
(c)
The maximum average of all front yard setbacks
should be no greater than 20 feet. If new dwelling units are positioned
on lots to be immediately adjacent to existing dwelling units, the
size of the front yard setbacks for the new dwelling units should
follow the pattern established by the already-existing dwelling units.
The front yard setback shall be measured from the edge of the nearest
right-of-way.
(d)
Flag lots are prohibited.
(e)
All sidewalks should be placed with the eventual
goal of linking the cluster subdivision to the downtown areas of the
Town.
(3)
Public roads. The amount of site disruption caused
by roadways and the associated grading required for their construction
should be minimized.
(a)
All roads shall connect with other roads within
the cluster subdivision and roads must be placed to link in a grid
pattern to facilitate neighborhood blocks, unless the applicant presents
evidence satisfactory to the Planning and Zoning Commission that it
is not possible for all roads to connect or to be placed in a grid
pattern. The use of alleys to provide rear access to lots fronting
on public roads is permitted.
(b)
The use of one-way streets, with on-street parking
restricted to one side only, should be considered where feasible.
(c)
Individual road widths shall be determined by
the topography, use, and traffic pattern anticipated for each road.
The minimum roadway width for alleys connecting the rear access of
lots fronting on public roads shall be 12 feet. The minimum roadway
width for all other roads shall be:
|
Description
|
Width
(feet)
|
Road Type
| ||
|---|---|---|---|---|
|
Two-way road:
| ||||
|
No parking allowed on road
|
22
|
Local road
| ||
|
Parking allowed one side only
|
28
|
Two-way local road
| ||
|
Parking allowed both sides
|
36
|
Collector road
| ||
|
One-way road:
| ||||
|
No parking allowed on road
|
12
|
One-way subdivision road
| ||
|
Parking allowed one side only
|
20
|
General subdivision road
| ||
|
Parking allowed both sides
|
28
|
Urban subdivision road
| ||
(d)
The perimeter of blocks within the subdivision
should not exceed 1,300 feet. No block face should be greater than
300 feet without an alley providing through access.
(e)
Roadways should generally follow existing contours
of the land to minimize grading.
(4)
Driveways.
(a)
The number of driveways accessing collector
roads should be kept to a minimum. The use of alleys to enhance traffic
flow should be considered where feasible.
(b)
In general, the use of common driveways is discouraged.
However, where common driveways are approved by the Planning and Zoning
Commission, the maximum number of units served by a common driveway
shall be two. The minimum common driveway width shall be 12 feet.
(c)
All lots using common driveways shall provide
a driveway maintenance agreement to be reviewed and approved by the
Town Attorney.
(d)
All driveways shall be designed to provide facilities
for off-street parking of not less than two motor vehicles per dwelling
unit.
(5)
Signage and lighting. In general, permanent on-site
development identification signs are discouraged. However, where a
development identification sign is approved by the Planning and Zoning
Commission, its area shall be limited to eight square feet, its construction
shall be of natural materials (i.e., wood and stone), and the base
area shall be appropriately landscaped. Lighting, if provided, shall
be shielded and appropriately screened by natural landscaping.
(6)
Accessory buildings and structures. Accessory buildings
and structures shall be located on the interior of the lot within
all setback lines.
(7)
Existing structures.
(a)
When a parcel to be subdivided under this section contains existing structure(s), the owner/applicant of the parcel shall request of the Sykesville Historical Commission an advisory opinion to survey the parcel to determine any historic, architectural, or cultural significance of the structure(s). If significance is established, the owner/applicant must preserve the structure(s) or offer the structure(s) and minimum lot size(s) compatible with the underlying zoning to the Town of Sykesville for the preservation of the historic setting of the structure(s). If accepted by the Town, the lot(s) shall be included in the common space calculations, and the Planning and Zoning Commission may recognize such dedication in consideration of a density bonus under Subsection D(2), considering all other factors.
(b)
Adaptive reuse of structures not deemed to be of historic, architectural, or cultural significance by the Sykesville Historical Commission, including the adaptive reuse of existing agricultural structures such as barns and silos, for residential use or permitted accessory use, is encouraged and shall be permitted where determined to be appropriate by the Planning and Zoning Commission, upon advice of the Town Engineer. If adaptive reuse as described above is used in the subdivision design, minimum lot size(s) compatible with the underlying zoning shall be created for the adapted reused structures and offered to the Town of Sykesville for preservation. If accepted by the Town, the lot(s) shall be used in the common space calculations, and the Planning and Zoning Commission may recognize such dedication in consideration of a density bonus under Subsection D(2), considering all other factors.
(8)
Wildlife management plan. In projects involving 25
or more acres, a wildlife management plan shall be submitted. This
plan shall address measures taken to preserve and improve on-site
wildlife habitat. Rare and endangered species habitat protection shall
be addressed, if applicable. Where feasible, wildlife corridors should
be incorporated into development plans.
F.
Common space.
(1)
Standards.
(a)
Parcels to be subdivided under this section shall contain undeveloped portions of the tract dedicated to common space equal to or greater than 40% of the gross acreage of the parcel to be subdivided. Lot(s) associated with existing structure(s) may be included in the land space identified as common space, but the square footage of the structures shall not be included in the calculation to meet the total land area required for common space unless the lot(s) is accepted for preservation by the Town of Sykesville in accordance with Subsection E(7)(a) or (b). The bonus density criteria set forth in Subsection D(2) may be used in lieu of and not in addition to a density bonus, as a credit towards the common space requirement. The common space credit towards the common space requirement shall be no more than 10%. If the criteria in Subsection D(2) is applied to the common space credit, no density bonus shall be allowed.
(b)
Wetlands and/or watercourses and/or land with
slopes in excess of 25% shall account for no more than 1/3 of the
common space.
(c)
Notwithstanding the above, up to 50% of the
common space may be land covered by water if, in the Planning and
Zoning Commission's judgment, such water body is deemed a site amenity.
(d)
All dwelling units shall have reasonable access
to common space areas, and the maximum number of lots compatible with
good design should abut the common space.
(e)
If active recreational areas are included in
the common space, they shall be suitably located and adequately screened
to provide and assure privacy and quiet for the neighboring residents.
(f)
Small areas of subdivision common space scattered
throughout the cluster subdivision shall be avoided. To the extent
possible, a contiguous system of common space shall be achieved by
linking common space areas with pedestrian pathways.
(g)
The pedestrian circulation system shall be designed
to assure that pedestrians can move safely and easily on the site
and between properties and activities within the site and neighborhood.
(h)
Access shall be provided to each parcel of common
space from one or more streets in the development and shall be contiguous
across proposed rights-of-way.
(i)
Access to the common space shall be delineated
by the use of design elements such as stone walls, woodland paths
surfaced with bark mulch, etc.
(2)
Use of common space.
(a)
The common space shall be used for conservation,
historic preservation and education, outdoor education, recreation,
park purposes, agriculture, horticulture, forestry, or for a combination
of those uses. No other uses shall be allowed in the common space
except as provided herein.
(b)
Only 5% of the common space may be subject to
or used for paved areas, bike trails, or pathways or accessory structures
to the dedicated use of the common space. The common space may be
subject to permanent easements for the construction, maintenance,
and repair of roads and utilities servicing the common space or the
cluster subdivision, and sewer or drainage facilities serving the
common space or the cluster subdivision or adjacent land.
(3)
Ownership of common space.
(a)
The common space shall be offered in whole to
the Town of Sykesville. Acceptance in whole or in part shall be determined
by the Town Council.
(b)
If acceptance of the common space is denied
by the Town of Sykesville, then the common space shall be conveyed
as follows:
[1]
To a corporation or trust such as a condominium
or homeowners' association, the ownership or membership of which is
comprised of the owners of lots or dwelling units within the cluster
subdivision. If such a corporation or trust is utilized, ownership
thereof shall pass with conveyances of the lots or dwelling units
in perpetuity. Maintenance of the common space and any facilities
located thereon shall be permanently guaranteed by such corporation
or trust. The corporation or trust shall provide for mandatory assessments
to each lot or residential unit for maintenance expenses. Each such
corporation or trust shall be deemed to have assented to allow the
Town to perform maintenance of the common space and any facilities
located thereon, if the corporation or trust fails to provide adequate
maintenance, and shall grant the Town an easement over the common
space to do so. In any instance where maintenance is required, unless
the situation is an emergency, the Town shall provide 15 days' written
notice to the corporation or trust as to the need for maintenance
and, if the corporation or trust fails to complete said work, the
Town may perform the work at the cost and expense of the corporation
or trust. The owner of each lot or residential unit shall be deemed
to have assented to the Town filing a lien against each lot or residential
unit in the development for the full cost of such maintenance, which
liens shall be released upon payment to the Town of same. Each individual
deed, as well as the deed of trust or articles of incorporation, shall
include provisions to carry these provisions into effect. Documents
creating such trust or corporation shall be submitted to the Planning
and Zoning Commission for approval by the Planning and Zoning Commission
and the Town Attorney and shall be recorded in accordance with all
applicable state and local laws governing such entities as a condition
of the Planning and Zoning Commission's final approval.
[2]
To an entity or governmental agency specifically established to accept the property subject to a conservation easement or scenic easement prohibiting further development or construction of dwelling units on the property and maintaining the property in perpetuity for the uses set forth in Subsection F(2).
G.
Nonresidential uses.
(1)
In order to provide limited commercial services and
thus facilitate the pedestrian focus of a traditional village or neighborhood,
nonresidential uses are permitted based upon the criteria established
herein.
(2)
Areas designated for the commercial uses must be shown
on the preliminary plan and approved by the Planning and Zoning Commission.
(3)
Principal permitted use is limited to local retail
business shops of the following types only:
(a)
Bakery shops.
(b)
Dairy products stores.
(c)
Food and grocery stores.
(d)
Fruit or vegetable stores.
(e)
Art studios or art galleries.
(f)
Bookstores, not including adult bookstores.
(g)
Professional offices (architects, attorneys,
doctors, dentists).
(h)
Bed-and-breakfast inns.
(i)
Artisan, antique, or craft shops.
(5)
The conduct of any business outside a completely enclosed
building as accessory to a principal permitted use shall require approval
by the Board of Appeals. Otherwise, all business operations shall
be conducted wholly within a completely enclosed building.
(6)
Drive-in windows, drive-in restaurants, and fast-food
restaurants are prohibited.
(7)
Processes and equipment employed and goods processed
or sold shall be limited to those which are not objectionable by reason
of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse
matter, or water-carried waste.
(8)
New buildings, whether on vacant lots or sharing a
lot with an existing building, must be compatible in size, scale,
general appearance, and building materials with surrounding buildings.
(9)
Buildings for nonresidential use must reflect the
character of the residential units in the cluster subdivision, according
to the following design criteria:
(a)
Building massing (height and bulk of structures,
type and angle of roofline);
(b)
Building width-to-height ratio;
(c)
Location and use of yard areas;
(d)
Location and design of landscaped and paved
areas;
(e)
Ratio of landscaped area to areas covered by
impervious surfaces (minimum of 1:2.5);
(f)
Location, size, and type of projections (porches
and rooflines).
In any B-L, B-G or I-R District, the Commission may approve a Planned Business Center (neighborhood-type shopping center), as defined in § 180-122.
A.
Approval by Planning and Zoning Commission.
(1)
The developer of any such planned business center,
prior to any construction, shall present to the Commission for its
review, a development plan of such proposed center. The development
plan shall show such items as the size of the project, the location
and approximate shapes of buildings, road ingress and egress patterns,
parking areas, storm drainage and water and sewerage facilities, and
such other information as is necessary for the Commission to give
the necessary consideration.
(2)
It shall be the duty of the Commission to ascertain
whether the location, size and other characteristics of the site,
and the proposed plan, comply with the following conditions:
(a)
A need is evident for such shopping facilities
at the proposed location, such need being demonstrated by the developer
by means of market studies or such other information as the Commission
may require.
(b)
That the proposed planned business center is
adequate to serve the needs of the people which reasonably may be
expected to be served by such shopping facilities.
(c)
That the proposed planned business center will
not cause points of traffic congestion on existing or planned future
roads in the areas of such proposed location.
(d)
That the plans provide for a planned business
center consisting of one or more groups of establishments in buildings
of integrated and harmonious design, together with adequate and properly
arranged traffic and parking facilities and landscaping, so as to
result in an attractive and efficient shopping center.
(3)
The Commission shall, within a reasonable time after
consideration of a development plan for a planned business center,
issue to the office of the Zoning Administrator a written report of
its findings.
(4)
The Commission shall approve such planned business
center project, provided that the requirements of this chapter are
complied with.
(5)
Upon receipt of written approval from the Commission,
the Zoning Administrator shall issue the necessary zoning certificate.
B.
Permitted uses. The uses permitted in a planned business
center shall be those retail business, commercial and service uses
and accessory uses permitted in the B District in which the planned
business center is located. No residential use, heavy commercial or
industrial uses shall be permitted or any use other than such as is
necessary or desirable to supply goods and services to the surrounding
area.
C.
Prohibited uses.
|
Amusement parks, commercial
| |
|
Automobile, trailer or implement repair establishments
| |
|
Bottling of soft drink or milk or bulk distribution
stations
| |
|
Building material, sales or storage yards
| |
|
Carpenter or woodworking shop
| |
|
Circus
| |
|
Drive-in theaters
| |
|
Feed and grain, sales, storage, including milling
| |
|
Funeral establishments
| |
|
Golf driving ranges
| |
|
Hotels and apartment hotels
| |
|
Kennels
| |
|
Livery stables
| |
|
Newspaper publishing establishments and printing
shops
| |
|
Riding academies
| |
|
Sheet metal shops
| |
|
Sign painting shops
| |
|
Swimming pools
| |
|
Target ranges
| |
|
Truck or motor freight terminals or warehouses
| |
|
Wholesale business, warehousing and service
establishments
|
D.
General regulations. The following regulations shall
apply to a planned business center:
(1)
Building height. No building shall exceed the permitted height of the B District in which the planned business center is located, except as may be modified by Article XV of this chapter.
(2)
Yards. No building shall be erected within 50 feet
of a public street right-of-way line, and no parking lot or other
facilities or accessory use, except permitted signs and plantings,
shall be located within 10 feet of any public street right-of-way
line.
(3)
No building shall be located within 50 feet of any
other boundary line, and any such line which adjoins an R District,
if deemed necessary by the Commission, shall be screened by a solid
wall or compact evergreen hedge at least six feet in height, or by
such other screening device as may be deemed appropriate and adequate.
(4)
Tract coverage. Buildings shall not be permitted to
cover more than 25% of the total project area.
(5)
Customer parking space. Off-street parking shall be provided as required in § 180-88A of this chapter. Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from adjoining premises in any R District and from any public roads.
(6)
Loading space. Off-street loading space and facilities shall be provided as required in § 180-88B of this chapter. Such facilities shall be in the rear of any building, unless the Commission for good reason approves a location at the sides of any such building, and shall not be included as part of any customer parking space required herein.
(7)
Signs. In addition to signs permitted and as regulated
in either B District in which the shopping center project is located,
one additional sign not exceeding 200 square feet in area containing
the names of the shopping center and/or the establishments located
therein, may be placed at any location within the boundaries of the
project, but it shall not exceed 30 feet in height. Any shopping center
fronting on more than one street may be permitted such a sign within
the required yard area along each street.
In any I-R District, an industrial park may
be established and a zoning certificate issued therefor, following
receipt of approval by the Commission in accordance with the procedures
and provisions set forth herein.
A.
Principal permitted uses. The following principal
permitted uses shall be allowed in an industrial park:
(1)
Principal permitted uses allowed in an I-R District, except those prohibited under Subsection B.
(2)
Office buildings for services oriented to the needs
of industries located in the park, such as offices for doctors, medical
clinics or laboratories, engineers, banks, data processing centers,
post offices, provided that such office buildings shall not be the
first use erected in the industrial park or occupy more than 5% of
the total land area.
(3)
Wholesale, warehousing establishments where no retail
sales are permitted.
(4)
Truck or motor freight terminals or warehouses.
(5)
Heliport, subject to standards recommended by the
Federal and/or State Aviation Agency, and Commission approval.
B.
Prohibited uses. The following uses are prohibited
in an industrial park:
(1)
Any use in conflict with any ordinance in Sykesville,
Carroll County or the State of Maryland.
(2)
Any new dwelling, mobile homes, mobile home parks,
or institutions for human care, and uses first allowed in a B District.
(3)
Brick yards, manufacture of pottery, tile, terra cotta,
clay products.
(4)
Electric or steam generating plants.
(5)
Extractive uses.
(6)
Flour mill, grain or feed drying or processing.
(7)
Sawmills.
(8)
Signs and billboards, except as authorized herein.
(9)
Conditional uses in an I-R District.
C.
Accessory uses. Uses shall be allowed which are customarily
incidental to or are demonstrably related to permitted uses in an
industrial park including indoor and outdoor recreational facilities,
cafeterias, clinics, libraries, schools, meeting rooms, display rooms
related to or primarily restricted to the industries located in the
industrial park.
D.
Required conditions. All manufacturing uses shall
be conducted in an enclosed building except for parking, loading,
or storage. All buildings shall be of fireproof construction to meet
the requirements of Maryland and/or National Fire Codes and Building,
Plumbing, or other codes for Carroll County and the Town of Sykesville,
in effect or which may hereafter be enacted or amended. Processes
and equipment employed, and material and goods used shall be limited
to those not objectionable by reason of odor, dust, smoke, cinders,
fumes, noise, vibration, refuse matter, or water-carried waste.
E.
Development and site plans.
(1)
No building permit shall be issued on any lot unless
the Commission shall have approved a development plan for the entire
industrial park and a site plan for each lot therein as it is proposed
for development. The Commission shall consider the effect of the design
and operations of the park on the environs, as well as on future component
industrial occupants.
(2)
In considering the overall development plan, the Commission
shall pass upon, among other things:
(a)
The layout of the park with respect to internal
roads and the access of such to public highways.
(b)
Preservation of natural topographic features,
such as trees and watercourses.
(c)
Grading plans, drainage structures, water and
sewerage facilities, and other utilities.
(d)
Orientation with relation to other adjacent
properties.
(e)
Landscaping proposals.
(3)
In considering the site plan for a lot, the Commission
shall pass upon, among other things:
(a)
Layout of the site with respect to the arrangement
and width of its driveways and parking areas and their relationship
to off-site roadways within the industrial park and to external public
highways.
(b)
Preservation of natural topographic features,
such as trees and watercourses.
(c)
Grading plan and plans for all utilities, including
water and sewerage facilities, storm drainage, parking lots, loading
docks, lighting and screening.
(d)
Lot layout, including front, side and rear yard
lines.
(e)
Location, height and orientation of proposed
buildings.
(f)
Identity of occupant and nature of operations.
(g)
Employee information as to number and shifts.
(h)
Location, size and lighting of signs.
(i)
Outdoor storage areas, including location, screening,
and safety features.
(4)
Approval by other agencies of jurisdiction, including
Health Department, State Highway Administration, Sanitary Commission,
and other county, state or municipal officials deemed necessary to
assure the adequacy of those aspects of the plan deemed pertinent
to the respective department, commission or office.
F.
Standards for vehicular access, parking, loading and
outdoor storage.
(1)
Vehicular access.
(a)
Vehicular access to industrial parks shall be
permitted only from a Town- , county- or state-maintained highway,
or a private way connecting with such highways, and not directly with
any residential street.
(c)
All streets within an industrial park must be
built to Town standards and shall thereafter be accepted for maintenance
by the Town.
(2)
Parking and loading facilities.
(a)
Space for off-street parking and storage of
vehicles shall be as follows: one space for each two employees on
the maximum shift, plus one space for visitors' use for each 25 employees
on the maximum shift, plus one space for each company-owned or -leased
vehicle based at the premises.
(b)
All parking areas shall be constructed to Town
specifications, be properly signed for traffic control, and/or adequate
lighting provided, if used at night, and individual spaces shall be
clearly marked.
(3)
Outdoor storage:
(a)
No outdoor storage shall be permitted in the
front yard.
(b)
Where there is outdoor storage, such areas shall
not occupy more than 20% of the area of the lot.
(c)
Where there is outdoor storage of equipment
products, and process materials, or empty industrial containers, they
shall be stored and maintained in a neat pattern, subject to National
Fire Codes.
(d)
Outdoor storage areas on any lot adjacent to
an R District must be screened therefrom by a planting of evergreens
or by an ornamental wall not less than six feet in height.
G.
Building location, landscaping and utilities.
(2)
Landscaping.
(a)
A landscaping plan shall be submitted to the
Commission as part of the preliminary development plan.
(b)
Any part of a lot not used for buildings, parking,
loading, driveways, outside storage, or walkways shall be planted
with grass, or other ground cover, trees, shrubs, and/or flowers,
and shall be properly maintained at all times.
H.
Signs and lighting.
(1)
The design, lettering, lighting and location of all
signs shall be included insofar as possible, as part of the site plan
submitted for approval of the Commission.
(2)
Signs; outdoor advertising shall be limited to one
such device for each highway frontage and one such device as a directory
for occupants for each entrance to the industrial park.
(3)
Signs, business, for identifying the use or the occupant
shall be a part of the architectural design and be attached to the
building. Any signs detached from buildings shall be landscaped.
(4)
Signs prohibited shall include outdoor advertising signs (of a billboard nature), except as indicated in Subsection H(2); flashing, rotating lights, or changing light intensity or changing color signs; hanging or projecting signs; signs above the roof or parapet; or signs painted or pasted directly upon any wall shall likewise be prohibited.
(5)
All major buildings and parking areas may be lighted
with exterior flood or spotlights, provided that lights are not directed
toward adjacent R Districts or roads or streets.
I.
Height, area, and yard requirements.
(2)
Area requirements.
(a)
No industrial park considered herein shall comprise
less than five acres if it is a completely separate tract; provided
that no area limitation shall be placed on an industrial park if is
is an addition to another industrial park or has a common boundary
with an existing I-R District.
(b)
The minimum ground area for any lot for a principal
building shall be one acre and the minimum lot frontage 200 feet.
(c)
The maximum ground area coverage of any lot
by a principal building or buildings shall not exceed 25% of the total
lot area.
(3)
Yard requirements.
(a)
Front, side, and rear yards shall be determined
in an industrial park as follows:
(b)
A landscaped strip not less than 10 feet wide
shall be provided along each side yard for the length of any principal
building, except for that portion of the yard needed for loading or
parking areas.
(c)
Any portion of a lot in an industrial park not
used for driveways, walkways, parking, loading, or storage areas shall
be planted in grass or other suitable ground cover.
A planned unit development may be approved by the Commission, as permitted under §§ 180-47 and 180-54, subject to all the following provisions:
A.
Purpose and objectives. Within the limit of these
requirements, it is the purpose of the planned unit development to
provide suitable sites for relatively higher density types of residential
structures in areas zoned R-10,000 and R-7,500 Districts and to permit
the optimum amount of freedom and variety in the design and management
of such varying types of residential structures, including one- and
two-family units, townhouses, and garden apartments within the areas
designated. The following objectives are sought in providing for the
planned unit development:
(1)
To provide a more attractive and varied living environment
than would be possible through the strict application of R District
requirements.
(2)
To encourage developers to use a more creative approach
in the development of land.
(3)
To encourage a more intimate, efficient, and aesthetic
use of open space.
(4)
To encourage variety in the physical development patterns
of residential areas.
B.
Area. The proposed planned unit development shall normally include a tract of land not less than 20 acres in an R-10,000 District and 10 acres in an R-7,500 District. A planned unit development may be considered on a parcel of land less than 10 acres if it has a common boundary with an R-7,500 District, but in no case shall a tract of land less than five acres be considered. Where the acreage in a planned unit development project is 100 acres or more, the Commission may approve in the development plan as part of the overall plan a planned business center in which B-L Business District uses may be located in accordance with § 180-91; provided, however, that such planned business center is located in a manner as to be a integral part of the development itself and not as a means of servicing adjacent areas, or as a basis by which a business district may be extended to adjacent properties.
C.
Designation of a planned unit development.
(1)
Land zoned properly and meeting the minimum requirements
may be designated by the Commission as suitable for a planned unit
development and may be developed by the owner, if he so desires, according
to the requirements and standards herein.
D.
Type and use of structures. Dwelling units may include
single-family, two-family or multifamily structures, based on density
requirements, standards described, nature of adjacent development,
and compensating features of the development plan. The Commission
may also approve places of public assembly, recreational buildings,
and accessory buildings, if primarily for use by persons residing
within the planned unit development, and if located and planned in
a manner not detrimental to adjacent properties.
E.
In any R-7,500 Urban Residence District, the Board
of Appeals, following public hearing, may approve up to 100% of the
units in multifamily structures subject to the following:
[Amended 3-13-1978 by Ord. No. 110]
(1)
The Planning and Zoning Commission having formally
reviewed and filed with the Board of Appeals its preliminary approval
of the proposed site and/or subdivision development plan for the property
to be the subject of public hearing;
(2)
Due consideration being given by the Board of Appeals to the requirements of § 180-109 of this chapter; and
(3)
That the final site development plan and/or subdivision
plat be submitted to the Commission for its approval along with any
public works agreement prior to the issuance of any zoning certificate
or building permits.
F.
The gross residential density of a planned unit development
shall not exceed the equivalent of six dwelling units per gross acre.
(1)
Such density shall be calculated as follows, as applicable
to multifamily structures:
(a)
Each efficiency apartment dwelling unit is equivalent
to 0.50 unit.
(b)
Each one-bedroom multifamily or apartment unit
is equivalent to 0.75 unit.
(c)
Each two-bedroom multifamily or apartment dwelling
unit is equivalent to 1.00 unit
(d)
Each three-bedroom multifamily or apartment
dwelling unit is equivalent to 1.50 unit.
(2)
Calculation of gross acreage shall include all land
within the PUD tract, regardless of use, and if it abuts an external
motorway to which access is permitted, may include 1/2 of the right-of-way
thereof, but not exceeding 30 feet.
G.
Open space. Common open space shall comprise not less
than 25% of the gross area. Such space shall include land area to
be developed as recreational areas or which is designated for the
common use of all occupants of the planned unit development, but shall
not include streets, off-street parking areas, or utility easements.
The Commission must be furnished satisfactory evidence, as a condition
for approval, that such open space area will be continued and that
perpetual maintenance is provided for.
H.
Sanitary facilities. Prior to accepting for approval
a development for a planned unit development, the Commission must
be furnished satisfactory evidence that public water and sewerage
systems will be provided and approved by the Health Department, as
well as by any other agency having jurisdiction over such matters.
I.
Development plan.
(1)
Applications for approval of a planned unit development
must be accompanied by a development plan prepared by a licensed architect,
registered civil engineer, professional landscape architect or other
qualified land planner. The development plan shall be to scale and
contain sufficient information to establish the identity of proposed
uses, grades, and approximate dimensions and locations of proposed
structures, streets, parking areas, walkways, easements and property
lines.
(2)
After approval of the development plan by the Commission,
any material change therein shall require a resubdivision of such
plan for approval. In any case, where an approval has been given by
the Commission and construction has not started within one year thereafter,
such approval of the planned unit development shall automatically
be terminated.
J.
Standards for location of dwelling types.
(1)
Within 100 feet of any other property in an R District,
other than an R-7,500 District, dwellings shall be of single-family
types.
(2)
As a condition for approval of a planned unit development
in which multifamily dwellings are proposed, the Commission shall
require over and above other standards herein, that these uses be
so arranged and distributed, and appropriately related to public open
space, single-family dwellings and/or semidetached dwellings that
higher densities are not unreasonably and disproportionately concentrated
in these locations, or so located as to concentrate traffic on minor
residential streets.
L.
Height regulations. Maximum heights of buildings shall
not exceed the height as specified in the R-7,500 District.
M.
Parking. At least two usable off-street parking spaces
shall be provided for each dwelling unit either on the lot it occupies
or within 150 feet of such lot or an apartment dwelling unit. For
each apartment unit, space shall be provided at the rate of two spaces
per dwelling unit.
N.
Public hearing. Except as provided in Article XIX, no public hearing need be held on any application for a planned unit development, provided that a public hearing may be held by the Commission when it deems such hearing to be desirable or necessary in the public interest.
O.
Financial responsibility. Prior to accepting a development
plan for review, the Commission must be satisfied that the owners
of and/or applicants for a planned unit development are financially
able to complete the proposed development, that they intend to start
construction within one year following the Commission's approval and
that they intend to complete it within a reasonable time as determined
by the Commission.
A major subdivision of land for residential purposes in those districts where permitted may be approved by the Commission, as authorized in §§ 180-25E, 180-32C and 180-40C, subject to § 180-19 of the general provisions of this chapter, and the following provisions:
A.
Purpose and intent. The Commission finds that a portion
of the police power of the State of Maryland has been delegated to
each municipality to be exercised reasonably in determining the manner
and nature of development within each municipality. The Maryland General
Assembly has given much discretion to the several municipalities in
making such determinations relying on the local jurisdiction's knowledge
of local conditions and the needs of its people and communities. The
Maryland General Assembly has further created numerous state departments
and agencies to provide consultation, advice, data and other similar
forms of assistance in the furtherance of establishing comprehensive
policies on which to base local planning decisions for the general
good and welfare. Development pressures (i.e., population shifts,
sewer moratoriums, accelerating inflation of land values, and other
phenomena), caused by a myriad of complex social and economic factors
which transcend local jurisdictional boundary lines, are bringing
increasing numbers of families into Sykesville and its environs necessitating
the provision of additional public schools; solid waste disposal sites;
water, sewerage and storm drainage facilities; roads and associated
facilities; police, fire and related emergency-service-type facilities;
primary health care facilities; open space, floodplain management
and sediment control measures; and the increasing need for maintaining
a stable tax base. In recognition of the fundamental difference between
the diverse and unlimited "wants" of a growing community of people,
and those "needs" which are inherently basic or limited (i.e., land,
air and water resources), it is imperative that plans, policies and
decisions, insofar as it is humanly possible, be weighed and ordered;
first, in consideration of the fundamental "needs", and secondly,
in consideration of the priority of "wants" which ultimately involve
the direct or indirect expenditure of limited public funds.
B.
The following provisions, therefore, are set forth in planning for the continued orderly development of Sykesville and its environs in the pursuit of these objectives: In designating a tract(s) or area(s) suitable for a major subdivision of land for residential purposes in any district where permitted, the Commission shall, pursuant to authority granted by Article 66B, Annotated Code of Maryland, this Chapter 180, Zoning, and Chapter 145, Subdivision Regulations, in addition to any other applicable ordinances or regulations, require that adequate provision(s) be incorporated in and made a part of any conditions of any approval to insure the integrity and orderly use of the Town's natural resources as would promote the public necessity, health, safety, convenience, general welfare, environment, and the Town's financial ability to provide and/or receive essential community improvements, facilities and/or services. Such conditions of approval may include, and insure adequate provisions for such specific on- and off-site facilities and improvements as: school sites; solid waste disposal sites; open spaces; floodplain management and sediment control measures; water, sewerage and storm drainage facilities; roads and associated facilities; police, fire and related emergency-type facilities including consideration of primary health care facilities. Whenever any one or combination of the aforesaid facilities and/or improvements are deemed necessary to carry out the intent and purpose of the duly adopted official Master Plan for Sykesville and the authority conveyed by Article 66B of the Annotated Code of Maryland, this Chapter 180, Zoning, Chapter 145, Subdivision Regulations, or any other applicable ordinances or regulations; and where any one or combination of the aforesaid facilities and/or improvements deemed necessary cannot be provided or assured, then the Commission shall either disapprove or defer designating those areas in question, in whole or in part, as suitable for a major subdivision of land for residential purposes until such time as those specific improvements and/or facilities deemed necessary can be adequately provided or assured.
[Added 7-20-1984 by Ord. No. 137]
A.
All proposals or zoning applications for the hereinafter
enumerated uses shall be subject to a site plan review by the Sykesville
Planning and Zoning Commission and by such other agencies as the Planning
and Zoning Commission shall deem appropriate:
(6)
All conditional uses approved by the Board of Zoning Appeals pursuant to § 180-105A(2) of this chapter.
(7)
All structural alterations to nonconforming buildings or structures, and uses of nonconforming parcels, lots or tracts of land approved by the Board of Zoning Appeals pursuant to § 180-8A of this chapter.
(8)
All changes from one non-conforming use to another non-conforming use approved by the Board of Zoning Appeals pursuant to § 180-8B of this chapter.
(9)
All principal permitted uses in the B-L, B-G and Planned Employment Center Districts (Articles X, XI, and XXII respectively, of this chapter), where a building permit and zoning certificate are required for improvements involving building renovation, parking or new construction.
[Added 3-9-1992 by Ord. No. 193; amended 12-8-2014 by Ord. No.
288]
B.
The Planning and Zoning Commission shall have the
authority, following referral to such agencies, to approve or disapprove
the plan as presented or approve the plan with modifications or conditions.
C.
In approving the site plans, the Commission shall
have the authority to:
(1)
Limit the number and approve the location and design
of entrances in the interest of public safety and minimizing traffic
congestion to the greatest extent possible.
(2)
Require a grading, stormwater management, landscaping,
fencing and signing plan.
(3)
Approve lighting arrangements to ensure no visual
interference with the traveling public on adjacent roadways, and to
minimize glare or reflection on adjacent buildings.
(4)
Ensure conformance to all duly adopted elements of
the Town Master Plan.
(5)
Require binding agreement, backed by bond or other
surety provided to the Mayor and Council of Sykesville, to insure
the completion of the site plan and to fulfill any conditions attached
thereto. The agreement or bond shall be provided unless specifically
waived by the Commission.
D.
No zoning certificate shall be issued for the uses
enumerated in this section until the Planning and Zoning Commission
has approved a site plan for the use.
E.
The site plan required by this section shall consist
of a plan indicating the location of existing and proposed buildings,
structures, signs, paved areas, walkways, vegetative cover, existing
and proposed grades, initial landscaping and screening within the
site.
F.
Any person or persons jointly or severally aggrieved
by any final decision of the Planning and Zoning Commission, or any
taxpayer, or any officer, department, board or bureau of the Town
of Sykesville, may appeal same to the Circuit Court of Carroll County.
