[Amended 10-11-1982 by Ord. No. 9-82]
An accessory structure shall not be erected
within 10 feet of a street line or five feet of any other property
line or within a front yard of any property and shall not exceed 15
feet in height or occupy more than 30% of a required rear yard. The
setback requirements of this section shall not apply to attached dwelling
units as defined in this chapter. No more than two accessory buildings
or structures shall be allowed on any lot on which there is located
an attached dwelling as defined in this chapter.
In any district, more than one principal building
housing a permitted principal use may be erected on a single lot;
however, each principal building should be located in such a manner
so that the lot could be subdivided in the future, if that is the
intent, without being in conflict with the requirements of this chapter.
If more than one principal building is constructed on a lot after
the effective date of this chapter and the lot cannot be subdivided
without at least one of the subdivided lots being in conflict with
the requirements of the applicable district, then the original lot
shall not be permitted to be subdivided.
[Amended 8-9-1999 by Ord. No. 8-99]
Every building hereafter erected or placed shall
be on a lot adjacent to a paved public street or with access to an
approved private street, and all structures shall be so located on
lots as to provide safe and convenient access for servicing, fire
protection and required off-street parking.
The height limitations contained in the district
regulations do not apply to spires, belfries, cupolas, windmills,
water tanks, silos, ventilators, chimneys or other appurtenances usually
required to be placed above the roof level and not intended for human
occupancy.
[Amended 7-8-1991 by Ord. No. 7-91; 1-15-1996 by Ord. No. 17-95]
A.
When an unimproved lot is situated between two improved
lots with front yard dimensions less than those required for the district,
the minimum front yard required shall be decreased to a depth equal
to the average of the two front yards of the adjoining lots.
B.
An attached dwelling unit may reduce the required
front yard under this chapter by no more than eight feet for the sole
purpose of constructing a covered or uncovered, but not enclosed,
porch.
C.
If attached to the structure, a single-family detached
dwelling unit may have a carport or one-story open porch or deck,
with or without a roof, but not enclosed, that extends into any required
front, side or rear yard not more than 25% of the minimum required
depth of a front or rear yard or 25% of the minimum required width
of a side yard. Whenever any extension into any required front, side
or rear yard is sought, the City shall give notice of the same to
all contiguous property owners advising them that any required permit
for such extension will be granted after 15 days from the date of
the notice unless a written objection to the same is filed with the
City within 15 days. In the event that such written objection is received,
the applicant shall be promptly notified that he or she must file
for an appropriate variance to the Board of Appeals. In the event
that no such written objection is received, the City may grant the
appropriate permit sought.
D.
An equivalent front yard, as required in some districts
for corner lots, for the purpose of installing a fence between four
and six feet in height may be reduced by not more than 50% of the
required amount where the subject yard abuts a neighboring side yard,
and not more than 60% where the subject yard abuts a rear yard or
another equivalent front yard, if in the opinion of the Zoning Administrator
such a reduction does not present a danger to public health and safety.
For the purpose of installing an accessory building, an equivalent
front yard may be reduced by not more than 30%. Whenever such a reduction
for an accessory building is requested, the City shall give notice
to all contiguous property owners advising that such reduction will
be granted after 15 days from the date of the notice unless a written
objection is filed with the City within the 15 days. In the event
that no such written objection is received, the City may grant the
reduction.
[Added 5-12-2008 by Ord. No. 1-2008;
amended 12-12-2022 by Ord. No. 10-2022]
[Amended 1-9-1990 by Ord. No. 15-89]
A.
A landscape screen shall be provided between any commercial
or industrial district and contiguous properties in residentially
zoned districts, except where natural or physical man-made barriers
exist, upon any set of circumstances deemed by either the Board of
Appeals or the Planning Commission to be appropriate.
[Amended 8-9-1999 by Ord. No. 8-99]
B.
Any existing commercial or industrial use shall not
be required to comply with the screening requirements except in case
of enlargement or major alteration of the same.
C.
Where, owing to existing conditions, the provision
of screening could create a hardship or is deemed unnecessary, the
Board of Appeals may reduce and/or waive the requirements for screening.
D.
Where a proposed use may create an adverse effect
on an existing contiguous use, the Board of Appeals reserves the right
to require a landscape screen to be planted on the lot of the proposed
use in order to protect the existing use.
E.
Landscape screens shall be permanently maintained
by the owner of the lot.
F.
Landscape screens shall be composed of plants and
trees arranged to form both a low-level and a high-level screen within
a strip of land with a minimum width of 20 feet. The high-level screen
shall consist of trees planted with specimens no younger than three
years in age and planted at intervals of not more than 10 feet. The
low-level screen shall consist of shrubs or hedges planted at an initial
height of not less than two feet and spaced at intervals of not more
than five feet. The low-level screen shall be placed in alternating
rows to produce a more effective barrier. All plants not surviving
three years after planting must be replaced.
[Amended 11-8-1982 by Ord. No. 7-82; 8-9-1999 by Ord. No. 8-99; 11-11-2002 by Ord. No.
6-2002]
Notwithstanding other provisions of this Code,
fences and walls shall be permitted in any required yard subject to
the following provisions:
A.
No fence or wall in or along the sides of any required
front yard shall exceed four feet in height.
B.
Except for a retaining wall, no fence or wall, which
exceeds six feet in height, shall be permitted in any required side
or rear yards in any residential district.
C.
Except for a retaining wall, no fence or wall, which
exceeds 10 feet in height, shall be permitted in any required side
or rear yards in any commercial or industrial district.
D.
All fences and walls will be restricted to a maximum
height of four feet, except for those fences and walls located within
the rear yards and those portions of the side yards to the rear of
the front corner of the dwelling structure, which will be restricted
to a maximum height of six feet, except as herein set forth.
E.
All fences or walls must have a minimum clearance
to allow for stormwater management.
F.
All applications for permits in accordance with this
article must be accompanied by a sketch plan of the proposed fence
or wall and a location plat of the property, together with such application
fee as established by the Council.
G.
No fence or wall shall be erected, replaced, altered
or relocated without a permit issued by the Zoning Administrator.
The permit application shall be signed by the applicant, and when
the applicant is any person other than the owner of the property,
the permit application shall also be signed by the owner of the property,
and shall contain the location of the fence or wall, a drawing showing
the design and location of the fence or wall and such other pertinent
information as the Zoning Administrator may require to ensure compliance
with the laws of the City.
H.
All fences and walls lawfully existing on the date
of the passage of this section may remain on the premises until such
time as any ownership of the premises is sold or otherwise transferred,
at which time there shall be complete compliance with the provisions
of this section.
I.
The fence or wall permit shall become null and void
if the fence or wall has not been completed within a period of six
months after the date of the permit.
J.
No fence or wall shall be erected or located so as
to obstruct a public right-of-way. The property owner shall be responsible
to maintain the fence or wall in good repair so that no portion thereof
shall impede or obstruct any public right-of-way.
[Added 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99; amended 6-9-2003 by Ord. No. 7-2003]
Permanent and portable privately owned swimming
pools located within the City shall comply with the following regulations:
A.
A swimming pool may be erected only on the same zone
lot as the principal structure.
B.
A swimming pool may be erected only in the rear yard
of that structure and shall be at a distance of not less than 10 feet
from the rear lot line nor less than eight feet from any side lot
line, and not less than 10 feet from any principal structure or accessory
structure attached thereto. However, with regard to townhouse dwellings,
the side yard requirement herein is reduced from 10 feet to three
feet.
C.
All swimming pools erected in the ground and all swimming
pools erected above ground with sides less than four feet high shall
be fully enclosed by a minimum four-foot-high chain-link or other
solid-type fence.
[Amended 8-24-1983 by Ord. No. 11-83; 5-12-1986 by Ord. No. 5-86; 7-11-1988 by Ord. No. 11-88]
All dwellings within the limits of the City
of Taneytown shall have the minimum residential floor area, exclusive
of garage, basement, common and storage areas, set forth herein.
A.
R-6,000 District.
(1)
Single-family detached: 750 square feet of floor area.
(2)
Semidetached: 700 square feet of floor area.
(3)
Attached: 700 square feet of floor area.
(4)
Duplex apartment: 600 square feet of floor area.
(5)
Garden apartment.
(a)
Efficiency units, single-room living areas consisting
of a kitchen, bathroom and combination living room, dining area and
bedroom: 400 square feet of floor area.
(b)
One-bedroom unit: 500 square feet of floor area.
(c)
Two-bedroom unit: 600 square feet of floor area.
(d)
Three-bedroom unit: 700 square feet of floor
area.
(6)
Conversion apartment: 600 square feet of floor area.
By special exception the Board of Appeals may allow a reduction to
not less than 540 square feet of floor area.
B.
R-7,500 District.
(1)
Single-family detached: 1,000 square feet of floor
area.
(2)
Semidetached: 1,000 square feet of floor area.
(3)
Garden apartment and retirement home.
(a)
Efficiency units, single-room living areas consisting
of a kitchen, bathroom and combination living room, dining area and
bedroom: 400 square feet of floor area.
(b)
One-bedroom unit: 500 square feet of floor area.
(c)
Two-bedroom unit: 600 square feet of floor area.
(d)
Three-bedroom unit: 700 square feet of floor
area.
(4)
Conversion apartment: 600 square feet of floor area.
By special exception the Board of Appeals may allow a reduction to
not less than 540 square feet of floor area.
C.
R-10,000 District. Single-family detached: 1,200 square
feet of floor area.
D.
R-20,000 District. Single-family detached: 1,600 square
feet of floor area.
[Added 8-9-1999 by Ord. No. 8-99]
E.
R-40,000 District. Single-family detached: 1,800 square
feet of floor area.
[Added 8-9-1999 by Ord. No. 8-99]
[Amended 11-10-1986 by Ord. No. 10-86; 8-9-1999 by Ord. No. 8-99]
All off-street parking and loading areas and
driveways shall be so graded, drained, paved and surfaced with bituminous
material or other material determined by the City to be of comparable
quality and of a hard service construction and shall be designed to
prevent damage to abutting properties or public streets. All driveway
aprons shall be constructed of concrete.
[Added 3-9-1987 by Ord. No. 2-87; amended 9-14-1987 by Ord. No. 11-87]
A.
Definition. A "junkyard" is defined as any area where
waste, discarded or salvaged materials are bought, sold, exchanged,
baled, packed, stored, disassembled, handled or abandoned, including
the salvaging, storing and wrecking of automobiles and other vehicles,
machinery or parts thereof, house wrecking yards, used lumber yards
and places for storage of salvaged building or structural steel materials
and equipment.
B.
Vehicles.
(1)
Any property zoned R-6,000, R-7,500, R-10,000, R-20,000
and R-40,000 which is occupied by an unlicensed vehicle shall constitute
a junkyard unless the vehicle is stored within a building.
[Amended 8-9-1999 by Ord. No. 8-99]
(2)
Any property zoned Local Business, General Business
or Restricted Industrial which is occupied by an unlicensed vehicle
shall constitute a junkyard unless the vehicle is stored within a
building or within 50 feet of a dwelling on the property and falls
into one of the following categories:
(a)
Genuine antique or classic vehicles (but not
to be used for parts) which are actively being restored.
(b)
Vehicles which must be held pending settlement
of insurance and similar claims.
(c)
No more than two stock cars which are in current
use for racing.
(d)
A vehicle recently purchased, pending inspection,
for a period not to exceed 60 days.
(e)
A vehicle being advertised for sale, for a period
not exceeding 60 consecutive days.
(f)
A vehicle, in running condition, which must
be relicensed within 60 days.
C.
Location. Junkyards, as herein defined, shall not
be permitted within the corporate limits of the City. None of the
provisions of this chapter relative to nonconforming uses shall in
any manner be construed to allow what in this section is set forth
as unlawful to be otherwise lawful.
[Amended 5-9-1988 by Ord. No. 8-88; 1-9-1990 by Ord. No. 13-89; 2-8-1999 by Ord. No. 4-99; 8-9-1999 by Ord. No. 8-99]
Unless permitted to be authorized by special
exception pursuant to the terms and provisions of the various sections
of this Code, and unless such special exception has been granted,
no dwelling unit situate in any of the residential zones of the City
of Taneytown may be used for any employment-related activities, whether
by an individual who is self-employed, an independent contractor or
an employee, or in any other manner related to business- or employment-related
activities which may be done, carried on or effectuated in any such
dwelling unit or in any outbuilding or accessory building, including
but not limited to the maintenance of an office, the storage of an
inventory or supplies used in a trade or business, meeting with customers
or employees or the parking of commercial vehicles or equipment, whether
or not there is painted thereon any sign or other indication of commercial
use. This section shall not prohibit the receipt of telephone calls
by an individual at his or her home which may be business related
or the parking of one and only one commercial vehicle with a combined
gross weight not to exceed 10,000 pounds on which there may be painted
any commercial sign or other indication of commercial use.
[Added 9-13-1999 by Ord. No. 7-99]
A.
Purpose and intent. It is the purpose of this section
to enable the Planning Commission to consider the approval of a proposed
community village on a tract of land after the Mayor and Council has
designated it as suitable for such development. It is the further
purpose of this section to encourage the integrated and creative design
of a variety of land uses and housing types; to maximize and plan
for open space and preserve natural features; to minimize street and
utility installation where possible while providing adequately for
the needs of the community; and to allow land to be developed with
concentrated land uses on the basis of overall density as opposed
to conventional minimum lot and yard requirements with strict separation
of land uses and housing types.
B.
Applications. An application for a community village
shall be accompanied by such plans and documents as may hereinafter
be required and shall be prepared by licensed registered architects,
landscape architects, civil engineers or other professionally qualified
land planners. Such plans and other documents to be submitted shall
be subject to compliance with such procedural steps and guidelines
as the City may promulgate from time to time for the purpose of processing
applications and facilitating approval.
C.
Intended designation for community village. The Mayor
and Council may consider and approve an application to designate a
tract of land in the R-7,500, R-10,000 and R-20,000 Districts as suitable
for a community village use, subject to the following:
(1)
General. No land shall be designated for community
village use unless it meets the basic requirements and standards established
herein and such other criteria as the Mayor and Council may in its
sole discretion determine necessary to carry out the purpose and intent
of this section.
(2)
Area. The tract under consideration for the
community village designation shall contain at least 10 contiguous
acres owned under unity of title as a single tract reasonably configured
and capable of being able to accommodate the proposed use.
(3)
Location. An initial evaluation of the tract
proposed for the community village in relation to:
(a)
Its immediate surroundings, whether developed
or undeveloped;
(b)
The existing street network;
(c)
Any elements of the adopted Comprehensive Plan
for Taneytown and environs;
(d)
Any public works, utility or community facility
considerations (including but not limited to existing and planned
water and sewerage facilities and capabilities, street and stormwater
management improvements and school capacities); and
(e)
Any sensitive environmental resource areas on
site.
(4)
Concept plan.
(a)
A concept plan submitted for review and presentation
shall be to scale and in color clearly showing the following:
[1]
Owner's name and address.
[2]
Scale and North arrow.
[3]
Dimensions of the tract and the acreage within.
[4]
Location and name of existing streets traversing
or adjoining.
[5]
Location of any existing easements.
[6]
Areas proposed for screening, afforestation
and reforestation.
[7]
Location of special site amenities and environmental
resources (e.g., streams, springs, wetlands, forest cover or woodlands).
[8]
Location of proposed common and civic open space
focal points.
[9]
Proposed streets, alleys and other access arrangements.
[10]
Proposed building sites and building
sizes with type of dwellings and other structures, including garages,
and a clear representation of the architecture and building integration
proposed.
[11]
Proposed design standards and
how the integrity of design standards will be maintained during all
construction phases of the project for:
[12]
Such additional information as
the Zoning Administrator may require at the pre-concept plan conference.
(b)
Developing the required concept plan. An applicant
for the community village designation shall first:
[1]
Prepare a site analysis map which distinguishes
the undevelopable areas and the buildable areas that merit conservation
(e.g., woodlands, hedgerows, greenways, scenic views, etc.);
[2]
Submit the site analysis map to the Zoning Administrator
and arrange a joint field visit to walk the site and receive any suggestions
from City representatives concerning areas that should be conserved
and amend or adjust the site analysis map accordingly;
[3]
Prepare an overlay or tracing which clearly
delineates areas for conservation and the areas for development; and
[4]
Develop the concept plan using the overlay to
guide the location of the dwelling sites or other development, seeking
to maximize (not block) the best views and locations, and thereafter
align streets, alleys, trails, etc., and draw in lot lines (where
applicable) and add other items required to be shown as part of the
concept plan.
(5)
Density.
(a)
Determination. To determine the total number
of dwelling units allowable, the gross area within the tract shall
be multiplied by the applicable units-per-acre multiplier in the table
below. If the site is located in more than one district, the total
number of lots and dwelling units will be the sum of units allowed
for all of the districts within the community village.
[1]
As part of the concept plan review, the Planning
Commission will consider the gross residential density proposed in
relation to the following:
[a]
The allowable density (total number
of dwelling units) generated by the units-per-acre multiplier for
the tract within the district(s);
[b]
Essential or high-priority on-site
and/or off-site municipal, county or state public works and facilities;
[c]
Capital improvements necessary
to accommodate the proposed development as well as implement the Comprehensive
Plan for Taneytown and environs; and
[d]
The type and mix of dwellings and
other uses proposed for the particular site in relation to the neighborhood.
[2]
After evaluating the concept plan in relation
to the above criteria, the Planning Commission may approve a gross
density limit for the particular site that is within the limits of
the applicable number of units per acre for the particular zoning
district as set forth in the table below.
(b)
Conditional density adjustment. Where the Planning
Commission determines that the nature of the amenities, improvements,
reservations or facilities contained in the concept plan will be of
such added benefit to the City of Taneytown, the Commission may conditionally
raise the gross density limit not to exceed the conditional maximum
multiplier for the zoning district(s) as indicated in the table below
on tracts of land containing 20 acres or more. Any concept plan so
approved by the Commission shall be expressly conditioned on the developer's
being financially responsible for the specified improvements that
shall be required and/or provided and deemed beneficial not only to
the project but to the general public welfare of the City of Taneytown.
For tracts of land of at least 10 acres but less than 20 acres, no
increase above the units-per-acre multiplier shall be considered,
unless the applicant submits a bona fide preliminary subdivision plan
containing conventional minimum lot sizes for the district and demonstrating
a greater lot yield than generated by the units-per-acre multiplier
for the district(s).
|
Density Standard Table*
| ||
|---|---|---|
|
District
|
Units Per Acre Multiplier
|
Conditional Maximum
|
|
R-7,500
|
4.2
|
5.5
|
|
R-10,000
|
2.8
|
4.0
|
|
R-20,000
|
1.4
|
2.5
|
|
NOTES:
*The Density Standard
Table does not apply to community villages composed entirely of retirement
dwellings, assisted living or nursing home units, either individually
or in combination. The Planning Commission may approve such density
as it considers acceptable and compatible with both the neighborhood
and the district in which it is located.
|
(6)
Types and use of buildings. Except as may be
otherwise prohibited, dwellings and nonresidential buildings, uses
and structures in a community village may include:
(a)
Single-family detached.
(b)
Semidetached.
(c)
Attached multifamily: quadruplex, townhouse,
condominium and apartment.
(d)
Retirement dwellings.
(e)
Assisted living, alternate living units and
nursing or domiciliary care homes.
(f)
Nonresidential buildings and uses permitted
in a community village and such other nonresidential buildings and
uses as permitted in the district.
(g)
Customary subordinate accessory uses, buildings
and structures.
(7)
Uses.
[Amended 1-12-2009 by Ord. No. 11-2008; 7-10-2023 by Ord. No. 05-2023]
(a)
Prohibited uses, buildings and structures: aboveground swimming
pools, individual storage sheds and other similar outbuildings.
(b)
Selecting and/or mixing uses.
[1]
A community village may be a mix of all or some
of the above-listed residential uses or be designed exclusively for
any one of the following types of residential uses:
(c)
Mix limits where attached multifamily or townhouse units are
included. Not including retirement dwellings, assisted living or nursing
home units, where attached multifamily structures are to be part of
the mix, the sum of the number of dwelling units in attached multifamily
structures within parcels of 150 acres or less shall not constitute
more than 50% of all dwelling units in the community village. For
properties larger than 150 acres, where attached multifamily structures
or townhouse are to be part of the mix, the sum of the number of dwelling
units in attached multifamily structures shall not constitute more
than 40% of all buildable land area in the community village.
[Amended 8-14-2023 by Ord. No. 05-2023 A]
(d)
Community village lot and building requirements. Lot area per
dwelling unit, lot width and depth, yards and build-to lines, maximum
building coverage, building height, dwelling units per building and
other standards shall be applicable in the community village, as indicated
in the table below.[1] At the request of a developer, these standards may be modified with the approval of the Planning Commission upon the developer's demonstration that the proposed modifications are consistent with the provisions of § 205-35.1A herein.
[1]
Editor's Note: The Table of Community Village Area, Yard and Bulk Requirements is included as an attachment to this chapter.
(e)
Commission approval. All uses within a proposed community village
are subject to Planning Commission approval as to location, intensity,
mix, density requirements, where applicable, compensating features
of the development plan, compatibility with adjacent neighborhoods,
phasing and such other factors as the Commission determines appropriate.
In reviewing a development plan, the Commission shall ensure that
uses in the community village are so arranged, distributed and appropriately
related to open space and not excessively concentrated.
(f)
Phasing plan. A phasing plan for a community village shall accompany
the required concept plan and shall indicate the location and sequence
of proposed sections and any housing mix proposed to be constructed
therein. The phasing plan shall be subject to review and approval
by the Commission and presented to the Mayor and Council for its approval
along with the concept plan.
(g)
Initial phasing and mix. Where attached multifamily units and/or
semidetached units are to be included in the community village, the
initial phase or sections of the phasing plan to be submitted shall
include construction of each type of residential unit in order to
establish at the outset the mix that will occur in the community village
as additional phases are constructed; provided, however, that the
Planning Commission may modify this requirement if it can be clearly
demonstrated that, owing to strategic site or design constraints,
location and the extension of infrastructure and the integrity of
the community village plan, such modification is warranted and can
be made without compromising the purpose and intent of establishing
the housing mix in the early development phases.
(h)
Community village construction sign. As part of any approved
phasing plan, an outdoor (all-weather) sign containing a current schematic
rendering of the community village development plan in color and appropriately
sized shall be posted and maintained on the property near the entrance
to the property or in a conspicuous and appropriate location so that
an interested person could obtain a visual overview of the housing
types, locations and elevations of buildings and other important features
to be constructed in the community village.
(8)
Open space and parkland.
[Amended 7-10-2023 by Ord. No. 05-2023]
(a)
Permanent open space required. Where alleys are provided throughout
the community, not less than 25% of the gross land area of the community
village shall be allocated to and shall remain in permanent open space,
provided that this minimum shall in no way limit the ability to require
a greater percentage of the gross land area to remain in permanent
open space in the approval of a community village. The required open
space shall be exclusive of any reservations required by the Official
Comprehensive Plan (e.g., public school sites, primary and secondary
highways, regional stormwater management facilities or public utility
structures and the like). Where alleys are provided only for attached
dwellings, not less than 35% of the gross land area shall remain in
permanent open space.
(b)
Open space restriction and design. Permanent open space which
is not to be dedicated as public open space shall be referenced in
the applicable resolution covenants to prohibit subdivision, except
for the purpose of minor boundary adjustments, and development, except
for agricultural, recreational, golf course and equestrian uses subject
to Planning Commission approval. Such private common open space shall
be used for recreational, social, cultural or natural environmental
preservation purposes as may be determined only after careful evaluation
and design in consideration of the topography, the needs of the inhabitants
of the community village, the type(s) of housing to be provided and
the relationship to adjoining properties and uses. The provision of
permanent internal and peripheral open space shall be a critical element
in granting approval of a community village subject to compliance
with such procedural steps and guidance as the City may herewith or
hereinafter promulgate for the purpose of facilitating such approval.
Peripheral open space may be provided along the perimeter of the tract
lines and generally surround development in the community village.
The depth of the peripheral open space may vary and is considered
a design feature that shall be subject to approval of the Planning
Commission.
(c)
Determining public and/or private open space. Depending on the
type(s) of residential housing in the community village and its location
within the City, the Mayor and Council, with recommendations from
the Planning Commission, shall determine what areas of the permanent
open space, if any, will be dedicated to the City as public parkland
and what areas shall be private parkland with maintenance responsibility
to be used in common by the residents of the community village. The
Planning Commission shall carefully review and consider all area set
aside for permanent open space in approving and recommending any area(s)
to be dedicated to the Mayor and Council as public open space and
to be included in the City park system. Area devoted to (external)
streets and reservations, alleys, stormwater management ponds, utility
areas or private yards shall not be counted towards meeting public
or private open space requirements.
(d)
Property owners' association. Perpetual maintenance of common open space or other common use facilities or property shall be the responsibility of a duly constituted property owners' association as provided under § 205-35.2.
(e)
Public parkland standard/requirements.
[1]
Tract size. There shall be no minimum or maximum,
and the Planning Commission and Mayor and Council will determine the
size of any dedications on a case-by-case basis.
[2]
Floodplain limitation for dedicated parkland. No
more than 25% of the area required to be dedicated to the City shall
be within floodplains or wetland areas, unless this limitation is
recommended to be waived by the Planning Commission and approved by
the Mayor and Council.
[3]
Suitability of proposed park dedication. The Planning
Commission shall review and consider any proposed park dedication
for its suitability for active public recreation as a priority of
the City. Accessibility for use and maintenance, topography, shape,
size, relationship to surrounding properties (especially any adjacent
park areas), elements of the Comprehensive Plan and other applicable
factors shall be considered. Following its review, the Commission
may concur with, amend or otherwise modify or reject the proposed
public open space before recommending to the Mayor and Council the
area(s) for public open space dedication. In the alternative, the
Commission may recommend to the Mayor and Council that all required
permanent open space be private open space with use in common.
[4]
Areas in forest or proposed afforestation. Areas
in an established or natural forest may be found by the Planning Commission
to be suitable to be dedicated public parkland and so recommended
to the Mayor and Council for its approval. Afforestation and reforestation
as may be required by the County Forest Conservation Ordinance, as
amended, and detailed on a forest conservation plan may be considered
for inclusion in proposed dedicated public parkland, subject to the
recommendation of the Planning Commission and approval of the Mayor
and Council, provided that such adequate guaranties are furnished
as the City may require for continued maintenance of afforested or
reforested areas until such areas are fully established.
[5]
Acceptance of dedicated land. Before any proposed
land dedication shall be accepted by the City, the site shall be free
of weeds, debris, hazardous waste and any other material determined
by the City to be undesirable. The City may require, at the expense
of the owner, grading and surface stabilization or other acceptable
land treatment measures as it determines appropriate for the property
and set forth such terms as it may require within a public works agreement,
which shall be guaranteed by a letter of credit or other surety prior
to acceptance of the property by the City. No building permit/zoning
certificate shall be approved by the City for the community village
development until the payment of a fee or satisfactory guaranty by
the owner of the site improvements required by this section is accepted
by the Mayor and Council.
(9)
Landscaping; the community village landscaping plan. Landscaping
is a distinguishing feature of the community village in Taneytown.
A landscaping plan shall be prepared by a registered landscape architect
and submitted for review and approval of the Commission as part of
the site development plan. At a minimum the landscaping plan shall
detail:
[Amended 7-10-2023 by Ord. No. 05-2023]
(a)
Type, location and caliper of proposed large- and medium-sized
street trees.
(b)
Type, location and caliper of shade trees, evergreen trees and
flowering trees for open spaces.
(d)
A recommendation for the number of deciduous, evergreen and
ornamental plantings on each lot, as applicable.
(e)
Stone, brick, masonry or other type walls, patios and the like
and their locations.
(f)
Screening (where necessary or appropriate) with landscaping,
walls, fencing, earth berms or by other means.
(g)
Fencing and fence structures. Specifications and restrictions
on fencing and fence structures that may be erected on individual
lots or common areas shall be detailed as to construction type, location,
height or other detail as part of a uniform fencing plan for the community
village, and the approved plan, or any subsequent amendments thereto,
shall be made a part of and referenced in the private covenants and
restrictions.
(10)
Parking, driveways, garages and storage.
[Amended 7-10-2023 by Ord. No. 05-2023]
(a)
Layout and design objectives. Locating required parking spaces
for motor vehicles shall be considered a very important element in
the review of a community village development plan. Since allowable
densities in community villages are inherently more concentrated than
in conventional development, greater attention must be placed on the
location of and arrangements for the functional necessity of parking
motor vehicles. The dwelling unit and the surrounding open space are
foremost and are the primary assets in a community village. Convenient
parking is needed for each attached residential unit; however, it
is of great importance that the required number of parking spaces
be carefully located and distributed so as not to overwhelm or inundate
the attached residential dwellings. To do otherwise would be detrimental
to the community by adversely affecting the value of the dwellings
and the appearance of the community village. The City will expect
professionals engaged in land planning a community village in Taneytown
to meet this objective in designing and locating required parking
as part of the development plan.
(b)
Off-street parking shall be provided in the community village according to the minimum requirements as set forth in § 205-36 et seq., unless specified to the contrary below:
|
Dwelling Type
|
On-Site Parking Spaces Required1
|
Off-Site Parking Spaces Required1
|
|---|---|---|
|
Single-family detached
| ||
|
On lots 10,000 square feet or greater
|
3
|
0
|
|
On lots less than 10,000 square feet
|
2
|
1
|
|
Semidetached (each unit)
|
2
|
1
|
|
Multifamily
| ||
|
Quadruplex (each unit)
|
2
|
1
|
|
Townhouse (each unit)
|
2
|
.5
|
|
Condominium (each unit)
|
3
|
0
|
|
Apartment (each unit)
|
3
|
0
|
|
Retirement dwellings (each unit)
|
2
| |
|
Assisted living (each unit)
|
5 plus one for each employee on largest shift
| |
|
Alternative living unit (ALU)2
|
3
| |
|
Nursing/domiciliary care
|
1 for every 3 beds, plus 1 for each employee on largest shift
|
|
NOTES:
| |
|
1
|
Required off-lot parking spaces shall be arranged and assigned
in common parking areas located in proximity to the dwelling units
to be served. Off-site spaces shall be required only when on-site
parking is less than the prescribed total number of parking spaces
per unit.
|
|
2
|
(State preemptive)
|
(c)
Off-street parking for commercial or nonresidential uses in
the community village shall be sufficient to provide for employees
as well as for customers. Employee parking spaces shall be marked
and signed as such, as shall handicapped parking spaces. Such off-street
parking lots shall be prohibited in any front yard setback area and
shall be located to the rear of buildings on the interior lots, accessed
by means of common driveways, preferably from side streets or alleys
and, where applicable, interconnected with commercial lots on adjacent
properties. Cross-access easements for interconnecting parking lots
shall be required in language acceptable to the City.
(d)
Off-street parking for all attached dwelling units. Unless specifically
modified by the Commission in conjunction with driveways as set forth
below, off-street parking for attached dwelling units in the community
village shall be prohibited in front yard setback areas.
(e)
Driveways. Except as hereinafter provided, driveways shall be
prohibited in any front yard setback area of a townhouse or other
attached dwelling, condominium or apartment building, and any driveway
access shall be provided from use-in-common alleys or lanes only and
not streets. The Commission may modify this requirement in specific
instances and permit a driveway in the front yard where practical
difficulty can be clearly demonstrated and/or where adherence to the
requirement for any lot(s) in question has the effect of preempting
other desired design considerations determined by the Commission to
be of equal or greater importance to the specific lot(s) in question
and/or to the plan as a whole.
(f)
Attached garages. Where the Commission permits a driveway in
the front yard as provided above and an attached garage is to be accessed
from the front, the front of the garage facing the street shall either
be set back further than the front wall of the dwelling or, in the
alternative, set forward of the front wall of the dwelling. If the
attached garage is set forward of the front wall of the dwelling,
the front face of the garage shall be set at the minimum build-to
line so as to ensure parking of motor vehicles in the garage by limiting
the distance between the front lot line and the face of the garage,
unless specifically modified otherwise by the Commission.
(g)
Detached garages. Detached garages shall be located in rear
yards and shall be set back a minimum of five feet from alley or lane
right-of-way lines and five feet from side and/or rear property lines,
except in the case of a shared drive on two adjacent lots, in which
case the garages may be joined.
(h)
Off-street parking for condominiums and apartments shall be
provided in off-street parking spaces with access to a rear alley
or use-in-common driveway, in garages having access to a rear alley
or use-in-common drive or in a common off-street parking lot(s) under
the building or in proximity to the building.
[Added 9-13-1999 by Ord. No. 7-99]
A.
Purpose. Where permanent common open space or other
common use facilities (e.g., alleys, sidewalks, utilities, etc.) are
planned and/or required, provision for the perpetual maintenance of
common property and facilities shall be the responsibility of a duly
constituted property owners' association, the purpose of which is
to enhance and protect the property values of owners and protect the
general public from assuming any maintenance responsibility for private
common property and facilities.
B.
Document review required. Before any plan or plat
containing common property and facilities is approved for recording,
the Planning Commission shall review and approve the proposed articles
of incorporation, association bylaws, covenants and restrictions and
any other documents which in any manner related to the property owners'
association. Following Planning Commission review, the documents shall
be referred to the Mayor and Council for its review and approval prior
to the recordation of the same in the land records of Carroll County.
C.
Minimum provisions. At a minimum, property owners'
association documents shall include provisions requiring the following:
(1)
Membership shall be mandatory for all property
owners, and all assessments shall constitute a lien on each lot from
and after the date assessed.
(2)
Nonpayment of any annual, special or other assessment
for a property. A procedure shall be established to allow the collection
by the association of unpaid assessments, including late fees and
appropriate interest.
(3)
Common areas and other use in common facilities
shall be assured of preservation and maintenance. In the event that
the association fails to carry out its responsibilities and financial
obligations and it becomes necessary for the City to take appropriate
action, such action by the City may include the imposition of a special
assessment taxing district; provision for liens for any failure of
property owners to pay such special taxes; entering on the common
open space property for the purpose of maintaining the same; contracting
of services by the City to perform appropriate and necessary maintenance
and upkeep of common property and facilities; and ensuring that such
costs, including any City administrative costs, are not at the expense
of the general public.
(4)
Maintenance by the City shall not constitute
a taking of said private common open space or facilities nor vest
in the public any rights to use the same. At such time as the Mayor
and Council determine that the property owners' association is ready
and able to adequately maintain the private common open space or other
applicable common facilities, the Mayor and Council shall cease to
maintain the same and cease the collection of any special tax for
that particular purpose.
(5)
Whenever intervention by the Mayor and Council
becomes necessary, it shall provide reasonable notice to the property
owners' association and to the residents having an interest in the
common open space or other common facilities in question of the date
and time of any hearings to be held for the purpose of ensuring enforcement
of the covenants and the perpetual maintenance of the same.
(6)
The association's board of directors shall be
required to prepare an annual operating budget.
(a)
The budget shall be based on estimated expenses
for the operation of the association or, if available, actual expenses
for the previous budget adjusted for inflation and any surplus based
on a professional registered engineer's report on the operations,
maintenance and replacement plan.
(b)
The budget shall include an allowance for a
contingency fund equal to at least 10% of estimated or actual expenses.
(c)
The board of directors shall be required to
set an annual assessment for each property owner in an amount sufficient
to satisfy the approved budget requirements.
(d)
It shall be required that the budget proposed
by the board of directors be reviewed for adequacy by an independent
certified public accountant prior to approval; that a copy of the
accountant's annual report contain an unqualified audited statement;
and that a copy of this annual report be filed with the City Manager.
(7)
A capital asset replacement fund shall be created
by the developer and maintained and continued by the association with
annual appropriations required of the property owners to the fund
from the date of transfer of common properties and facilities and
their expected useful life. Such fund shall not be used to finance
operating and maintenance costs.
(8)
The documents shall provide for mandatory special
assessments to meet unforeseen or special expenditures as well as
any budget deficit.
(9)
The name and address of the office of the association
shall be provided to the City at all times.
D.
Plat required. All areas to be owned by the association
shall be shown and/or detailed on a record plat for the development.
In addition to any other requirements for record plats, the plat shall
contain the recording references for the property owners' association
documents. All deeds subsequently drawn for individual lots within
the development shall reference therein the recording reference of
the record plat, the recording reference(s) of the property owners'
association documents and any subsequent recorded amendments thereto.
E.
Forest Conservation Ordinance protective agreements.
Any property owners' association which will own or maintain areas
shown on an approved forest conservation plan for forest retention,
afforestation or reforestation shall provide to the City evidence
that a legally binding protective agreement is in existence providing
for protection of land forested, afforested or reforrested and which
places limitations on the use of forest to those consistent with forest
conservation.
[Added 4-11-2016 by Ord.
No. 21-2016]
A.
Purpose.
(1)
The purpose of the Cannabis Dispensary Overlay District is to
implement the provisions of Maryland law with respect to the location
of a cannabis dispensary within the City, in order to ensure that
such uses are located in zones and subject to conditions that serve
the public interests by minimizing the potential for adverse impacts
on adjacent properties and neighborhoods.
(2)
This section imposes requirements on cannabis dispensaries in
addition to those imposed by this chapter upon other uses in the underlying
zone upon which the Cannabis Dispensary Overlay Zone is imposed.
B.
Overlay district designated. The Cannabis Dispensary Overlay District
shall apply to all properties located within the district as designated
on the City of Taneytown Zoning Map as "Industrial" and that meet
the criteria contained in this section.
C.
Relationship to underlying zone.
(1)
Facilities for dispensing cannabis may only be permitted on
property located in the Cannabis Dispensary Overlay District upon
the successful application and adoption by the Mayor and City Council
of an ordinance designating a Cannabis Dispensary Overlay District
for the subject property.
(2)
Such a designation is only related to the principal permitted
use on the property and shall be considered a special exception pursuant
to and subject to the provisions of the Code of the City of Taneytown,
requiring Board of Appeals approval.
(3)
Such a designation shall expire one year after it is granted
unless a site plan is submitted pursuant to the requirements of the
Code of the City of Taneytown.
(4)
All other requirements of underlying zoning districts remain
applicable to the subject property.
D.
Procedure for designation.
(1)
An owner of property located in an area eligible to be designated
as a Cannabis Dispensary Overlay District may make application for
the subject property to the Mayor and City Council.
(2)
An application for a Cannabis Dispensary Overlay District must
be accompanied by a site plan and other such plans and documents as
may hereinafter be required, subject to procedural steps and guidelines
as the City may promulgate from time to time for the purpose of processing
applications and facilitating approval.
(3)
An application for a cannabis dispensary must include written
and graphic documentation showing the proposed facility will meet
state standards, including but not limited to secure premises, secure
room, secure entry, security lighting, security alarm systems, and
video surveillance, as detailed in the Annotated Code of Maryland,
Health-General Article, Title 13, Subtitle 33, and the Code of Maryland
Regulations (COMAR) 10.62.27. Further, an application must contain
all other required submittals, licenses and approvals required by
Maryland law.
E.
Compatibility with adjacent uses.
(1)
Any building or portion of a building that is subject to compliance
with this section shall be located at least 500 feet from any other
lot or parcel of land which has a residential use, residential zoning
classification, school use or park use.
(2)
In addition to all other standards and criteria, when considering
an application for the designation of a Cannabis Dispensary Overlay
District, the Mayor and City Council shall consider the adequacy of
streets and highways, the availability of public water and wastewater
systems, and the adequacy of all other public facilities and public
services that would be needed to serve the proposed use.
F.
Requirements after designation.
(1)
If a designation of Cannabis Dispensary Overlay Zone is granted
by the Mayor and City Council pursuant to the provisions of this section,
the applicant must then obtain approval for the special exception
use, subject to the provisions of the Code of the City of Taneytown,
by the Board of Appeals, and subject to any conditions which may be
established by the Board during the special exception process.
(2)
If such special exception use is granted, the applicant must
then submit a site plan, consistent with the approvals granted by
the Mayor and City Council and the Board of Appeals, to the City of
Taneytown Planning and Zoning Commission for approval pursuant to
the provisions of the Code of the City of Taneytown.
[Added 7-8-2019 by Ord.
No. 7-2019]
A.
Purpose.
(1)
The purpose of the Adult Entertainment Activity Overlay District
is to ensure that such uses are located in zones and subject to conditions
that serve the public interests by minimizing the potential for adverse
impacts on adjacent properties and neighborhoods.
(2)
This section imposes requirements on adult entertainment activity
in addition to those imposed by this chapter upon other uses in the
underlying zone.
B.
Overlay district designated. The Adult Entertainment Activity Overlay
District shall apply to all properties located within the district
as designated on the City of Taneytown Zoning Map as "Restricted Industrial,"
and that meet the criteria contained in this section.
C.
Relationship to underlying zone.
(1)
Adult entertainment activity may only be permitted on property
located in the Adult Entertainment Activity Overlay District upon
the successful application and adoption by the Mayor and City Council
of an ordinance designating an Adult Entertainment Activity Overlay
District for the subject property.
(2)
Such a designation is only related to the principal permitted
use on the property and shall be considered a special exception pursuant
to and subject to the provisions of the Code of the City of Taneytown,
requiring Board of Appeals approval.
(3)
Such a designation shall expire one year after it is granted
unless a site plan is submitted pursuant to the requirements of the
Code of the City of Taneytown.
(4)
All other requirements of underlying zoning districts remain
applicable to the subject property.
D.
Procedure for designation.
(1)
An owner of property located in an area eligible to be designated
as an Adult Entertainment Activity Overlay District may make application
for the subject property to the Mayor and City Council.
(2)
An application for an Adult Entertainment Activity Overlay District
must be accompanied by a site plan and other such plans and documents
as may hereinafter be required, subject to procedural steps and guidelines
as the City may promulgate from time to time for the purpose of processing
applications and facilitation approval.
(3)
An application for an adult entertainment activity must include
written and graphic documentation showing the proposed facility will
meet state standards and contain all other required submittals, licenses
and approvals required by Maryland law. The application must also
show a depiction of any sign which will be used at the proposed location
and such sign shall be prohibited from containing any nudity or vulgarity.
E.
Compatibility with adjacent uses.
(1)
Any building or portion of a building that is subject to compliance
with this section shall be located at least 500 feet from any other
lot or parcel of land which has a residential use, residential zoning
classification, school use or park use.
(2)
In addition to all other standards and criteria, when considering
an application for the designation of an Adult Entertainment Overlay
District, the Mayor and City Council shall consider the adequacy of
streets and highways; the availability of public water and wastewater
systems; and the adequacy of all other public facilities and public
services that would be needed to serve the proposed use.
F.
Requirements after designation.
(1)
If a designation of an Adult Entertainment Overlay District
is granted by the Mayor and City Council pursuant to the provisions
of this section, the applicant must then obtain approval for the special
exception use, subject to the provisions of the Code of the City of
Taneytown, by the Board of Appeals, and subject to any conditions
which may be established by the Board during the special exception
process.
(2)
If such special exception use is granted, the applicant must
then submit a site plan, consistent with the approvals granted by
the Mayor and City Council and the Board of Appeals, to the City of
Taneytown Planning and Zoning Commission for approval pursuant to
the provision of the Code of the City of Taneytown.
