Aberdeen City Zoning Code
ARTICLE IV
Provisions Applicable to All Districts
§ 235-20 General lot requirements.
A.
Every building hereafter created, reconstructed, converted, moved or structurally altered shall be located on a lot of record, and in no case shall there be more than one principal building on one lot except as provided below:
B.
Construction of any building or portion thereof outside the buildable area of the lot shall not be permitted.
C.
Access to public street. Every lot shall front on a public street and shall have the minimum width at the building setback line required for the zoning district. No panhandle lot shall be permitted. All new dwellings will be constructed on an improved public street and have access to a sidewalk on either or both sides of the improved street in front of the residence.
D.
Sight triangle.
(1)
Except in instances where traffic visibility is not impacted due to one-way traffic patterns, no sign, fence, wall, hedge, planting, structure, unit or other temporary or permanent obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, placed or maintained within the sight triangle of an intersection.
(2)
Where an intersection is formed with a state road, state sight distance criteria shall also be applied. (See Appendix B.)[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
Poles, posts and guys for streetlights and other utility services shall not be considered obstructions to vision within the meaning of this subsection.
§ 235-21 Lot area, width and yard requirements.
Table I specifies the minimum lot area, width and yard requirements to be provided in the various residential zoning districts for the principal uses enumerated. Table II specifies the minimum lot area, width and yard requirements to be provided in the various commercial and industrial zoning districts for the principal uses enumerated. Table III specifies the minimum lot area, width and yard requirements for various institutional uses enumerated.
A.
Division of building, parcel or lot. Division of existing buildings, parcels or lots shall not be permitted if the proposed division would create buildings or lots which do not comply with the requirements of this section.
B.
Lack of public facilities. In any district where either a public water supply or public sanitary sewer is not accessible and where an acceptable community water supply and sewerage system is not provided, the required lot areas shall be determined in accordance with applicable State Department of Health and Mental Hygiene and Maryland Department of the Environment regulations, unless such regulations require a lot size less than the minimum otherwise specified for in the zoning district.
[Amended 6-7-2021 by Ord. No. 21-O-09]
Table I: Lot Area, Lot Width and Yard Requirements for Residential Zoning Districts | ||||||||
|---|---|---|---|---|---|---|---|---|
Side Yards | ||||||||
Uses | Lot Area (square feet) | Lot Width (feet) | Lot Area Per Family | Front Yard Depth (feet) | Rear Yard Depth (feet) | Least Width (feet) | Sum of Widths (feet) | |
Dwelling, detached, single-family R-1 | 15,000 | 100 | 15,000 | 40 | 50 | 15 | 30 | |
Dwelling, detached, single-family, accessory apartment R-1 | 25 | |||||||
Dwelling, detached, single-family R-2 | 7,200 | 60 | 7,200 | 30 | 40 | 10 | 20 | |
Dwelling, detached, single-family, accessory apartment R-2 | 20 | |||||||
Dwelling, detached, single-family R-3 | 5,000 | 50 | 5,000 | 25 | 35 | 7 | 14 | |
Dwelling, detached, single-family, accessory apartment R-3 | 20 | |||||||
Dwelling, duplex R-2 | 9,000 | 80 | 4,500 | 30 | 40 | 14 | 28 | |
Dwelling, duplex R-3 | 7,000 | 70 | 3,500 | 25 | 35 | 12 | 24 | |
Dwelling, apartments R-3 | 7,500 | 75 | 2,500 | 25 | 35 | 10 | 25 | |
Dwelling, zero lot line R-2 | 5,500 | 55 | 5,500 | 30 | 40 | 0 | 25 | |
Dwelling, zero lot line R-3 | 4,500 | 50 | 4,500 | 25 | 35 | 0 | 20 | |
Dwelling, stacked townhouse | 2,100 | 24 | 2,100 | 25 | 35 | 0 | 0 | |
Dwelling, townhouses, per unit R-3, for interior units | 2,000 | 20 | 2,000 | 25 | 35 | 0 | 0 | |
Dwelling, townhouses, per unit R-3, for end units | 2,000 | 24 | 2,000 | 25 | 35 | 15 | 30 | |
Table II: Lot Area, Lot Width and Yard Requirements for Commercial, Industrial and Integrated Business Zoning Districts | |||||||
|---|---|---|---|---|---|---|---|
Side Yards | |||||||
Uses | Lot Area (acres) | Lot Width (feet) | Front Yard Depth (feet) | Rear Yard Depth (feet) | Least Width (feet) | Sum of Widths (feet) | |
B-1 | N/A | 50 | 25 | 25* | * | * | |
B-2 | N/A | 50 | 5 | 10* | * | * | |
B-3 | N/A | 50 | 5 | 25* | * | * | |
M-1 | 1 | 200 | 50 | 50* | 25* | 50* | |
M-2 | 1 | 200 | 50 | 50* | 30* | 70* | |
IBD | N/A | N/A | 25 | 25 | 10 | 20 | |
* | See § 235-30, Landscaping, outdoor lighting and buffer yards. |
Table III: Lot Area, Lot Width and Yard Requirements for Specific Institutional Uses | |||||||
|---|---|---|---|---|---|---|---|
Side Yards | |||||||
Uses | Lot Area (acres) | Lot Width (feet) | Front Yard Depth (feet) | Rear Yard Depth (feet) | Least Width (feet) | Sum of Widths (feet) | |
Churches R-1 | 3 | 200 | 40 | 50 | 25 | 50 | |
Churches R-2 | 3 | 200 | 30 | 40 | 25 | 50 | |
Churches R-3 | 3 | 200 | 25 | 40 | 25 | 50 | |
Schools | 3 | 200 | 40 | 50 | 25 | 50 | |
C.
Transit Oriented Development District. This section is not applicable within the Transit Oriented Development Districts.
§ 235-22 Minimum floor area.
A.
Every dwelling unit shall have a floor area not less than the area specified in Table IV for the dwelling type and zoning district in which it is located.
B.
Floor areas shall be measured from outside walls enclosing usable finished floor space and shall not include unfinished basements, cellars, garages, unfinished attic space, attached storage buildings, open porches or steps.
[Amended 6-7-2021 by Ord. No. 21-O-09]
Table IV: Minimum Floor Area Requirements for Dwelling Units | |||
|---|---|---|---|
Area Required Per Unit (square feet) | |||
Dwelling Type | 1 Story | 1 1/2 to 2 1/2 Stories | |
Dwelling, detached, single-family R-1 | 1,200 | 1,400 | |
Dwelling, detached, single-family R-2 | 900 | 1,000 | |
Dwelling, detached, single-family R-3 | 720 | 900 | |
Dwelling, duplex R-2 | 900 | 1,000 | |
Dwelling, duplex R-3 | 720 | 900 | |
Dwelling, apartments | 500 | 500 | |
Dwelling, stacked townhouse | 720 | 900 | |
Dwelling, townhouses | 720 | 900 | |
Dwellings located in other than residential zoning districts shall comply with the minimum floor area requirements of the R-3 Residential District. | |||
C.
Transit Oriented Development District. This section is not applicable within the Transit Oriented Development Districts.
D.
Dwellings located in other than residential zoning districts shall comply with the minimum floor area requirements of the R-3 Residential District unless otherwise noted.
E.
Any permitted accessory apartment shall not exceed 50% of the above-grade living area of the principal use or structure as shown in the records of the Maryland Department of Assessments and Taxation.
§ 235-23 General yard requirements.
A.
Corner lots. The same front yard depth shall be required of both front lot lines.
B.
Through lots. The same front yard depth shall be required of both front and rear lot lines.
C.
Side and rear yard depth. The minimum side and rear yard depth shall be measured in the following manner:
D.
For irregular lots, the front, rear and side yard widths shall be measured from the portion of structure closest to the lot line.
E.
Exceptions and modifications to minimum requirements for projections into yards. The following structures shall be allowed to project into the minimum required yard setback not to exceed the following dimensions:
(1)
Awnings, canopies, cornices, eaves or other architectural features: three feet.
(2)
Bay windows, balconies, chimneys, porches: three feet.
(3)
Uncovered stairs or necessary landings: six feet.
(4)
Patios and decks (not enclosed) not exceeding 240 square feet may extend 15 feet into the rear yard setback.
F.
Fences may be located in required yards in accordance with the following:
(1)
Residential zoning districts.
(a)
Front yards. Fences shall not exceed four feet in height above ground elevation. No walls or chain-link fences are permitted in the front yard.
(b)
Rear and side yards. Fences shall not exceed six feet in height above ground elevation and may be located in any rear or side yard.
(c)
All fences will be constructed with the finished side facing the neighboring parcel or the street.
(d)
The use of barbed wire shall not be permitted in any residential district.
(e)
Stormwater management facilities are required to be fenced and gated in accordance with stormwater management regulations. In residential districts, the fencing shall be approved by the Aberdeen Department of Public Works and will complement the architectural features of the neighborhood.
(f)
All fences shall be maintained in a structurally sound manner.
(2)
Commercial, or industrial zoning districts.
(a)
Chain-link security fences not exceeding a total of eight feet in height above the elevation of the surface may be located around commercial or industrial structures located in any commercial or industrial district or around any public utility substation.
(b)
A barbed-wire guard not exceeding two feet in vertical height may be added to such a fence, provided that no barbed wire may be placed less than eight feet from the ground.
G.
Transit Oriented Development District. This section is not applicable within the Transit Oriented Development Districts.
§ 235-24 General height requirements.
C.
Exceptions and modifications to maximum height requirements.
(1)
General exceptions. The building height limitations shall not apply to the following:
(a)
Fire or parapet walls, cell towers, steeples, flagpoles, and radio and television antennas.
(b)
Bulkheads, roof structures, water tanks, ventilating fans or similar mechanical equipment required to operate and maintain the building.
(c)
Integrated Business District.
(d)
Transit Oriented Development Districts.
(e)
Hospitals.
[Added 8-27-2018 by Ord. No. 18-O-26]
(2)
General modifications in industrial districts. Grain elevators, gas holders, and other similar structures may have a maximum height of 125 feet. Whenever any building or structure adjoins or abuts a residential district, such building or structure shall not exceed 60 feet in height unless set back one foot from all required lot lines for each foot of additional height above 60 feet.
§ 235-25 Off-street parking and loading requirements.
A.
Generally. No structure shall be erected, substantially altered, or its use changed unless permanent off-street parking and loading spaces have been provided in accordance with this chapter. In the I-95 and Downtown Revitalization Overlay Districts and the Integrated Business District, the special parking provisions described therein will apply unless noted otherwise for specific uses. Parking requirements are specified for particular uses in Subsection B of this section. Issuance of any building permits or use and occupancy certificates shall not be granted until a plot plan showing such off-street parking as is herein required is submitted and approved by the Zoning Administrator. The number of parking spaces required shall be based on the gross floor area of the use, excluding incidental storage, mechanical areas, preparation areas, and common areas such as public corridors, stairwells, and elevators.
(1)
Parking requirements may be provided in attached or detached garages, in off-street parking lots or on parking pads on the lot.
(2)
Each required off-street parking space shall measure a minimum of nine feet in width by 18 feet in length. Parking spaces for the physically handicapped shall meet the Americans with Disabilities Act (ADA).
(3)
In the B-1, B-2, and B-3 Districts, all commercial vehicles owned or possessed by an owner of property or the owner’s tenants, including vehicles used in connection with a business on the property, must be parked in the rear of the property.
(4)
All parking areas, loading areas and driveways shall be constructed of concrete or bituminous materials.
(5)
All parking areas shall be marked to provide orderly and safe loading, parking, and storage.
(6)
Parking lot landscaping requirement: 10% of the required parking area shall be landscaped. The parking area shall be set back a minimum of five feet from collector road rights-of-way and 10 feet from arterial road rights-of-way. A landscape plan will be required and prepared by a licensed landscape architect and submitted to the Department of Planning and Community Development for review and approval.
(7)
Common residential parking areas shall include access into adjoining properties.
(8)
Two access points are required for more than 100 residential dwelling units and hotels with more than 100 rooms.
(9)
The parking lot lighting shall be directed downward and not onto adjacent properties.
(10)
Drive aisle widths shall be a minimum of 24 feet in width.
(11)
Shared parking facilities may be allowed after reviewing the different uses within an individual building or adjacent buildings or properties located within 500 feet of the subject property’s boundaries based on a parking impact study provided by the developer(s) or owner(s) establishing that the estimated peak demand for parking required by the users will be satisfied due to differing hours of peak demand. If approved, a shared parking plan shall be enforced through written agreement and approved by the Zoning Administrator.
(a)
Agreement for shared parking plan. A draft copy of the agreement between the owners of record shall be submitted to the Zoning Administrator, who shall forward a copy to the City’s legal counsel for review. After approval, the agreement shall be recorded in the land records of Harford County and a copy presented to the Zoning Administrator prior to issuance of a certificate of occupancy. The agreement shall:
[1]
List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;
[2]
Provide a legal description of the land;
[3]
Include a site plan showing the area of the parking parcel;
[4]
Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;
[5]
Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;
[6]
Ensure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable to all participating uses;
[7]
Describe the obligations of each party, including the maintenance responsibility for the parking area and any open space;
[8]
Incorporate the parking impact study by reference; and
[9]
Describe the method by which the covenant shall, if necessary, be revised.
(b)
Change in use. Should any of the shared parking uses be changed, or should the Zoning Administrator find that any of the conditions described in the approved parking impact study or agreement no longer exist, the owner shall have the option of submitting a revised parking impact study and an amended shared parking agreement in accordance with the standards of this subsection, providing the number of spaces required for each use as if computed separately.
(c)
Revocation of permits. Failure to comply with the shared parking provisions of this subsection shall constitute a violation of this chapter and shall specifically be cause for revocation of a certificate of occupancy.
(12)
General requirements for parking lot/driveway design, construction, and maintenance are as follows:
(a)
Parking areas shall be designed so that vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.
(b)
Parking areas shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(c)
Parking areas shall be designed so that vehicles cannot extend beyond the perimeter of any such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. Bumper blocks or other means may be required to ensure this provision.
(d)
Access to parking areas shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.
(e)
Any required parking area shall be continually maintained in good, serviceable condition with striping clearly visible so as to be safe, attractive, and free of any hazard, nuisance or other unsafe condition. Commercial parking areas shall be maintained to ensure customer safety. All potholes or similar hazards shall be repaired promptly upon written notification by the City. In no case shall such conditions exist for more than 60 days.
B.
Parking space requirements. When determination of the number of required parking spaces results in a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space. Unless otherwise provided, the following off-street parking space requirements shall apply:
[Amended 12-14-2020 by Ord. No. 20-O-18; 6-7-2021 by Ord. No. 21-O-09]
Required Off-Street Parking by Use/Activity | |||
|---|---|---|---|
Use or Use Category | Spaces Required Per Unit | ||
Residential | |||
Age-restricted housing | 2 spaces per dwelling unit | ||
Apartment accessory to a commercial use | 1.5 spaces per dwelling unit | ||
Apartment accessory to primary residence | 1 space per dwelling unit | ||
Apartments/condos | |||
1 bedroom | 1.5 spaces per dwelling unit | ||
2 bedrooms | 2 spaces per dwelling unit | ||
For each bedroom over 2 | 1 space per bedroom | ||
Assisted living facility | 1 space per staff and 1 space per 3 residents | ||
Bed-and-breakfast | 1 space per room or unit which is rented plus 1 space per employee | ||
Continuing care facility | 1 space per staff and 1 space per 2 residents | ||
Day care (family) | 2 spaces per dwelling unit plus 1 space per employee | ||
Dwelling, detached, modular | 2 spaces per dwelling unit | ||
Dwelling, detached, single-family | 2 spaces per dwelling unit | ||
Dwelling, attached, single-family (duplex and townhouse) | 2.5 spaces per dwelling unit | ||
Dwelling, stacked townhouse | 2.5 spaces per dwelling unit | ||
Halfway house | 1 space per staff person and 1 space per 2 residents | ||
Personal care home | 3 spaces per every 5 beds | ||
Commercial | |||
Agricultural machinery sales and service | 1 space per 200 square feet of retail area plus 1 space per 800 square feet of storage area | ||
Athletic facilities or clubs (indoor) | 1 space per 200 square feet of gross floor area | ||
Auction house | 1 space per 6 seats or 1 space per 400 square feet, whichever is greater | ||
Automobile or boat sales/rental | 1 space per 300 square feet of gross floor area (excluding storage areas) | ||
Automobile car wash | 1 space per 2 employees plus 7 stacking spaces per washing lane | ||
Automobile repair shop | 1 space per 100 square feet for the station, minimum of 8 | ||
Automotive painting and body work | 1 space per 200 square feet of gross floor area | ||
Banks or financial institutions with or without drive-through facilities | 1 space per 300 square feet of gross floor area without drive-through facilities and stacking for 4 vehicles at each drive-through lane or automated teller machine (ATM) | ||
Banquet facility | 1 space per 3 seats, plus 1 space per every 1.5 employees | ||
Brewpubs | 1 space per 3 patron seats plus 1 space per employee | ||
Bus station, train station, taxi depot and transit center | 1 space per 200 square feet of gross floor area, minimum of 10 spaces per facility | ||
Business services | 1 space per 200 square feet of gross floor area, plus 1 space per each full-time employee | ||
Coliseums, arenas, stadiums and sports camp | 1 space per 4 seats (restaurant/banquet/retail to be treated separately) | ||
Commercial, amusement, entertainment and recreational facilities | 1 space per 300 square feet of gross floor area of any building; golf course, 4 spaces per hole; bowling alley, 4 spaces per lane | ||
Conference center | 1 space per 4 seats (restaurant/banquet to be treated separately) | ||
Construction services and suppliers | 1 space per 200 square feet of retail area, plus 1 space per 800 square feet of storage area | ||
Convenience retail establishment with accessory fuel pumps | 1 space per 300 square feet of gross retail floor area plus 2 stacking spaces per side of each fuel pump island | ||
Day-care center (group) | 1 space per employee and 1 space per 10 children/students | ||
Day spa | 1 space per 100 square feet of gross floor area | ||
Dental office | 5 spaces per dentist | ||
Dormitory | 1 space per 2 beds | ||
Fortune-telling | 1 space per 200 square feet of gross floor area | ||
Fuel storage facility | 1 space per each employee at largest shift | ||
Funeral home | 1 space per 100 square feet of gross floor area | ||
Greenhouse/nursery | 4 spaces per 1,000 square feet of gross floor area | ||
Heliports and helistops | 1 space per pilot and passenger | ||
Hotel, full-service/motel | 1 space for every room plus 2 spaces for each management staff (restaurant/banquet/retail in motel/hotel to be treated separately) | ||
Kennel | 1 space per 200 square feet of gross floor area | ||
Liquor store | 1 space per 200 square feet of gross floor area | ||
Medical cannabis dispensary | 1 space per employee at largest shift | ||
Medical cannabis grower | 1 space per employee at largest shift | ||
Medical cannabis processor | 1 space per employee at largest shift | ||
Medical services | 5 spaces per doctor | ||
Microbreweries | 1 space per 3 patron seats plus 1 space per employee | ||
Mini-warehouse facilities | 1 space per employee | ||
Mobile home sales office | 1 space per 300 square feet of gross floor area | ||
Movie theaters | 1 space per 4 seats | ||
Nightclubs, lounges, bars and taverns | 1 space per 3 persons permitted under the State Fire Code | ||
Office building | 1 space per 300 square feet of gross floor area | ||
Open-air market (farm, craft and produce markets) | 1 space per 200 square feet of lot area used for storage, display or sales | ||
Personal services | 1 space per 200 square feet of gross floor area | ||
Pet store | 1 space per 200 square feet of gross floor area | ||
Pharmacy with or without drive-through facilities | 1 space per 200 square feet of gross floor area and stacking for 4 vehicles at each drive-through lane | ||
Radio and television station | 1 space per employee at largest shift plus 4 visitor spaces | ||
Restaurant | 1 space per 3 patron seats plus 1 space per employee at largest shift and 2 spaces for carry-out service (if needed) | ||
Restaurant with drive-through facility | 1 space per 3 patron seats plus 1 space per employee at largest shift and 7 stacking spaces for drive-through window | ||
Retail uses (unless specified otherwise) | 1 space per 200 square feet of retail sales area | ||
Shopping center | |||
Under 400,000 square feet | 4 spaces per 1,000 square feet | ||
400,000 to 599,999 square feet | 4.5 spaces per 1,000 square feet | ||
600,000 square feet and above | 5 spaces per 1,000 square feet | ||
Tattoo parlors | 1 space per 200 square feet of gross floor area | ||
Truck repair, truck service station, or truck terminal | 1 space per 200 square feet of gross floor area | ||
Veterinary services | 1 space per 300 square feet of gross floor area | ||
Warehouse establishments | 1 space per employee at largest shift | ||
Welding and metal fabrication | 1 space per 200 square feet of gross floor area | ||
Wholesale establishments | 1 space per employee at largest shift | ||
Industrial | |||
Any manufacturing use | 1 space per employee at largest shift | ||
Institutional | |||
Art galleries | 1 space per 400 square feet of gross floor area designated for public use | ||
Auditoriums/lecture halls/convention centers | 1 space per 3 persons based on designed capacity of building | ||
Community center | 1 space per 250 square feet of gross floor area | ||
Emergency medical service, fire station or police station | 1 space per employee on largest work shift | ||
Hospital, nursing and other medical treatment or skilled care facilities | 1 space per inpatient and/or outpatient bed plus 2 spaces per 3 employees on the largest work shift plus 1 space per staff doctor | ||
Libraries and museums | 1 space per 400 square feet of gross floor area for public use | ||
Places of religious worship and affiliated schools | 1 space per 3 seats in the main chapel plus 1 space for each teacher | ||
Public or governmental buildings | 1 space per employee at largest shift and designated visitor spaces | ||
Public utilities | 1 space per employee at largest shift and designated visitor spaces | ||
Schools, colleges and universities, elementary and secondary, trade and vocational | 1 space per 3 college or university students; 1 space per every 6 high school students; 1 space per every 15 elementary students | ||
Social or fraternal clubs, lodges, union halls and similar uses | 1 space per 3 persons permitted under Fire Code | ||
C.
Off-street loading areas.
(1)
Any use which regularly receives deliveries or shipments must provide off-street loading areas in accordance with the requirements specified below:
Gross Floor Area of Building (square feet) | Number of Spaces Required |
|---|---|
1,000 to 19,999 | 1 |
20,000 to 79,999 | 2 |
80,000 to 127,999 | 3 |
128,000 to 191,999 | 4 |
192,000 to 255,999 | 5 |
256,000 to 319,999 | 6 |
320,000 to 391,999 | 7 |
392,000 and more | 8 |
(2)
Minimum dimensions of 12 feet by 55 feet and overhead clearance of 14 feet from street grade are required.
(3)
Loading and unloading areas shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from public rights-of-way and complete the loading and unloading operations without obstructing or interfering with any public right-of-way, parking space, parking lot aisle or pedestrianway.
(4)
No loading and unloading areas may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading.
(5)
Loading spaces shall be located at least 50 feet from any residential use, unless the loading space is totally enclosed within a building or screened by a hedge, wall, or solid board fence at least six feet in height.
D.
Parking and loading space reduction. A request for a reduction in the number of required parking or loading spaces may be made by filing an application for a waiver with the Zoning Administrator. Upon receipt of an application for a parking or loading space waiver, a public hearing shall be scheduled before the Board of Appeals. A waiver or reduction of the parking and loading requirements in any district may be permitted by the Board of Appeals whenever the character or use of the building is such as to make full provision of the specific parking and loading requirements unnecessary, or where adequate community loading facilities are provided on site, or where, due to problems of access or to the size of the lot, the provision of the required loading spaces is impractical.
(1)
In permitting such a waiver for new construction, the Board of Appeals must find the following:
(2)
In permitting such a waiver for existing buildings, the Board of Appeals must find the following:
(a)
The proposed new use of the building would normally require fewer spaces than the prior use;
(b)
The reduced number of spaces will be adequate to accommodate the proposed use; and
(c)
Any such reduction in required spaces shall be restricted to such proposed new use only and shall not operate to permit a later occupancy of such building if the use is substantially changed or enlarged, unless approved by the Board of Appeals.
(3)
A copy of the Board of Appeals decision on any approved parking and loading space reduction shall be attached to the building permit and/or any certificate of occupancy permit.
E.
There are no off-street parking requirements for the Transit Oriented Development Districts.
§ 235-26 Outdoor storage.
A.
Outdoor storage in commercial, industrial, and TOD districts must meet the following requirements:
(1)
Outdoor storage areas must be surrounded by a uniformly finished fence or wall not to exceed the height of the building.
(2)
Such wall or fence shall be maintained in good repair.
(3)
The items being stored within the wall or fence shall not exceed or be stacked to exceed the height of the wall or fence.
(4)
Storage of cars and trucks used in connection with the permitted trade or business shall be permitted without restriction.
(5)
Trailers for storage or shipping containers shall be prohibited.
[Amended 2-22-2021 by Ord. No. 21-O-02]
B.
Storage of construction equipment is not permitted in the R-1, R-2, R-3, B-1, IBD or TOD Districts.
C.
Temporary storage containers or similar storage units shall be permitted for no more than 30 days with an approved building permit.
§ 235-27 Accessory uses and other restrictions.
A.
Generally. Except as otherwise restricted by this chapter, customary accessory structures and uses shall be permitted in any district in connection with the principal permitted use within such district.
B.
No accessory use shall be permitted without a principal use.
C.
No accessory use or structure shall be established on any lot prior to substantial completion of the construction of the principal structure.
D.
No accessory use or structure shall increase any impervious surface area beyond the maximum permitted.
E.
No accessory use or structure on any lot shall be established within the required front yard, except signs, fences, walls or parking area, and projections or garages as specified in the exceptions and modifications to minimum yard requirements.
F.
No accessory use or structure, except fences, shall be located within any recorded easement area.
G.
An accessory structure shall be located at least six feet from any other building on the same lot and at least six feet from side and rear property lines.
H.
Accessory uses in residential districts. The following accessory uses shall be permitted in residential districts:
(1)
Swimming pools shall be located not less than 10 feet from any side or rear lot line. A walk space at least three feet wide shall be provided around pool walls, and a safety fence with self-closing gate at least four feet in height shall be installed. In the case of aboveground pools more than three feet in height above the yard surface, no fence is required. If the swimming pool is located within the side yard it must be fully screened from adjacent properties and streets.
(2)
The office or studio of a physician or surgeon, dentist, artist, lawyer, architect, engineer, teacher, or person engaged in a home occupation as defined herein, provided that the individual concerned resides on the premises and that not more than 25% of the entire floor space on the lot shall be used for such purpose.
(3)
A private detached garage not exceeding 1,200 square feet.
(4)
The keeping of small animals, insects, reptiles, fish, or birds as pets or for household use and not as a business shall be permitted. The breeding, raising, or possessing of poultry or farm animals shall not be permitted in any district. Notwithstanding the previous sentence, chickens other than roosters or cockerels may be kept for household use or as household pets in accordance with the following provisions:
[Amended 7-27-2020 by Ord. No. 20-O-08]
(a)
Number of chickens; lot requirements.
[1]
The number of chickens that may be kept on any lot may not exceed six chickens for each 1/2 acre or portion of 1/2 acre of lot area;
[2]
The lot where chickens are kept shall be fenced to prevent chickens from leaving the lot; and
[3]
A protective coop shall be maintained on the lot to provide shelter for the chickens. As used in this subsection, a "coop" means an enclosed accessory structure that houses chickens for nesting and shelter. The coop must be made of one or more of the following: treated lumber, composite materials or brick; and roofing on a coop may be made of one or more of the following: treated lumber, metal roof paneling or roofing shingles. The coop shall be at least three square feet per the number of chickens kept on the lot and shall be located in compliance with all locational requirements for an accessory structure as set forth in Subsection G of this section. Notwithstanding Chapter 210, Building Construction, of this Code, a building permit is not required for the construction and/or placement of a coop required by this subsection unless the coop exceeds 24 square feet.
(b)
A permit shall be established and issued to the homeowner by the Department of Planning and Community Development, the cost of the permit not to exceed $25, in order to keep a local record of residential flocks and to cover code enforcement costs when applicable.
(5)
Doghouse for up to five dogs.
I.
Restrictions in residential districts.
(1)
The total number of accessory use structures shall not exceed two and the total square feet of said structures shall not exceed 50% of the square footage of the principal use or structure as shown in the records of the Maryland Department of Assessments and Taxation.
(2)
Recreational vehicles, trailers, and boats shall be regulated in the following manner:
(a) BOAT RECREATIONAL VEHICLE (RV) TRAILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A vessel for transport by water constructed to provide buoyancy by excluding water and shaped to give stability and permit propulsion.
Any camping trailer, motor home, travel trailer, truck camper used primarily for recreational purpose, as well as vehicles including, but not limited to, all-terrain vehicles, boats, snowmobiles, watercraft, and other similar vehicles.
A wheeled unit attached and towed by a motorized vehicle, which is designed to carry property. A trailer cannot be motorized or self-operable.
(b)
Allowable uses. An owner or occupant of a residential structure may store a RV, trailer, or boat owned by the property owner or occupant on his/her property, provided that:
[1]
If stored in the required front yard of the lot, the RV, trailer, or boat shall be parked on the driveway or driveway apron.
[2]
The RV, trailer, or boat is operable and is currently registered in the home state of the owner or occupant of the property. All active military will be exempt from the home state requirement if proof of military identification is provided.
[3]
A boat stored in a residential district shall not be longer than 25 feet in length, and a trailer or RV stored in a residential district shall not be longer than 40 feet in length.
[4]
The RV, trailer, or boat stored on the property cannot exceed a height of 13 feet.
(c)
Exceptions.
[1]
A kayak, canoe, and nontrailered boat less than 17 feet in length shall not be regulated under this chapter.
(d)
Street parking or storage of a recreational vehicle, boat, or trailer is not permitted on any street, except for a period not exceeding 48 consecutive hours for purposes of loading and unloading. A recreational vehicle, boat, or trailer may not be parked or stored in any fashion that would block any public right-of-way or sight lines of drivers, bicyclists, or pedestrians.
(e)
Any RV, boat, camper, or trailer stored on the property may not be utilized for storage unless the items are associated with the accessory use related to the RV, boat, camper, or trailer.
(f)
No occupancy, either permanent or temporary, of an RV, boat, camper, or trailer shall be permitted.
J.
Accessory uses in business and industrial districts.
(1)
The following accessory uses shall be permitted in the business and industrial districts:
(a)
A dwelling unit, including an office trailer, for a caretaker or watchman shall be permitted, provided that:
(2)
Business, industrial, and institutional accessory structures shall be subject to the same side and rear yards as required for the principal structure.
(3)
Contractor's office and construction equipment sheds or accommodations for security shall be permitted if the use is incidental to a construction project. The office or shed shall be removed upon completion of the project.
K.
Transit Oriented Development District. Accessory uses or structures in TOD Districts shall be permitted and shall be subject to the same side yard and rear setbacks as required for the principal structure.
§ 235-28 Home occupations.
Home occupations or professional offices within the home shall be allowed in accordance with the following criteria:
A.
The home occupation must be incidental and subordinate to the residential use and shall not exceed 25% of the gross floor space of the principal building or dwelling unit.
B.
The home occupation shall be conducted within the dwelling unit, and no outdoor display or storage of materials, vehicles, goods, supplies or equipment used in the home occupation shall be permitted on the premises. No toxic, explosive, flammable, combustible or noxious materials shall be stored on the premises.
C.
The residential character of the dwelling unit shall not be altered to accommodate a home occupation.
D.
Not more than one person other than the occupants of the dwelling unit may be employed in the home occupation. The total of all employees inclusive of family members shall not exceed three. No home occupation shall be open to the public between 9:00 p.m. and 8:00 a.m.
E.
No home occupation shall generate greater traffic volumes or increased traffic hazards than would normally be expected in a residential district. No more than four people may avail themselves of the services provided by the home occupation at a given dwelling unit at any time.
F.
No goods, materials or supplies shall be delivered by commercial vehicles either to or from the premises in connection with the home occupation, except by the United States postal service or a delivery service with a vehicle no larger than a one-ton truck.
G.
No commercial vehicles in excess of 9,000 pounds gross vehicle weight or construction equipment related to the home occupation may be parked or stored on site or in the public right-of-way.
H.
A home occupation permit is required from the Department of Planning and Community Development.
§ 235-29 Temporary use permits.
Temporary uses as specified in the Table of Uses shall be permitted subject to the following:
A.
Permit. Temporary uses require the issuance of a temporary use permit for the use location which shall specify the use, dates, location, hours of operation and such other information as reasonably may be required by the Zoning Administrator.
B.
Duration. Unless otherwise specified in Subsection C, a temporary use may not exceed five consecutive days.
C.
Specific temporary uses. The temporary uses described below shall be subject to the following duration limitations:
(1)
A carnival, circus, craft show, animal show, flea market, festival, fair or similar event shall be allowed for a maximum period of seven consecutive days and 15 cumulative days in a twelve-calendar-month period.
(2)
Contractor's office and construction equipment sheds or accommodations for security incidental to a construction project shall be removed upon completion of the project.
(3)
A real estate sales office for rental or sale of dwellings in a project shall be removed upon initial sale of all units.
(4)
When a fire or natural disaster has rendered a residence unfit for human habitation, the temporary use of a mobile home located on the lot during rehabilitation of the original residence or construction of a new residence is permitted for a period of 12 months, but only if water and sanitary facilities are approved by the City of Aberdeen’s Department of Public Works. The Zoning Administrator may extend the permit an additional 60 days, if necessary. The mobile home shall be removed from the property at the expiration of the permitted time or upon completion of the new or rehabilitated residence, whichever occurs first.
(5)
Temporary stands for seasonal sales of products shall be allowed for a maximum period of 90 days in any consecutive twelve-month period.
D.
Specific temporary use criteria. Each temporary use must comply with the following criteria:
(1)
Each application for a temporary use permit must be accompanied by a site plan, drawn to scale, that accurately demonstrates compliance with the requirements of this section.
(2)
The proposed site shall be of sufficient size to accommodate the proposed temporary use and associated parking without adversely affecting adjacent land uses.
(3)
The temporary use and all structures related to the use shall comply with all setbacks for the zone in which the use is located.
(4)
No temporary structure, facilities or equipment for the use may be located closer than 250 feet from any residential district or existing dwelling, and no temporary use activity may take place more than 500 feet from a residential district.
(5)
Temporary use operations adjacent to land used for residential purposes shall commence not earlier than 7:00 a.m. and cease not later than 11:00 p.m.
(6)
Except for a temporary use in a residential district, vehicular access to the temporary use shall be derived only from an arterial or major collector road.
(7)
A minimum of one parking space shall be provided for each 500 square feet of ground area at the activity.
(8)
Any outdoor activity site for the temporary use shall be cleared of all litter and debris at the end of each day and at the end of the event, and cleared of all temporary structures within three days after the end of the event. A signed contract with a disposal firm shall be provided to ensure that the site will be cleared of all litter and debris.
(9)
The holder of the permit shall provide for adequate traffic and crowd control for the temporary use.
(10)
If the permit applicant or holder of the permit requests the City to provide extraordinary services or equipment or it is otherwise determined that extraordinary services or equipment should be provided to protect the public health, safety or welfare, the applicant or holder of the permit shall be required to reimburse the City for the cost of the services or equipment unless the City has anticipated the specific use in the budget and appropriated sufficient funds to cover the costs incurred.
§ 235-30 Landscaping, outdoor lighting and buffer yards.
A.
General landscaping requirements.
(1)
A landscape plan is required for all nonresidential development projects. The landscape plan shall be reviewed and approved by the Department of Planning and Community Development and the Department of Public Works. The landscape plan shall:
(a)
Include plant materials, such as trees, shrubs, ground covers, and perennials, and other materials, such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture.
(b)
Specify the location, size, and species of plant materials, method of installation, and method for maintenance and retention of materials.
(c)
Identify all streams, floodplain zones, and nontidal wetlands along with the preliminary site plan. The plan shall indicate all plans for tree maintenance, stormwater management, revegetation and establishment of vegetated buffers and the method of providing perpetual protection of any special flood hazard areas as required by Chapter 275, Floodplain Management, of the Code of the City of Aberdeen.
(d)
Include street trees located outside of the public right-of-way wherever possible, emphasize the use of native vegetation, and incorporate sustainable development practices through the use of green roofs and associated sustainable planting practices wherever possible.
(2)
Any applicant seeking a modification to the approved landscape plan shall submit a written request to the Department of Planning and Community Development justifying the proposed change and a revised plan identifying the proposed modifications.
B.
General planting requirements shall include the following:
(1)
All deciduous trees shall have a minimum caliper of two inches. The area between the trees shall be mulched and the landscaped beds with shrubs or ground cover shall be mulched in accordance with landscape industry standards.
(2)
Trees shall be of substantially uniform size and shape.
(3)
Evergreen trees used as screening plantings shall be a minimum of five feet in height.
(4)
All plant materials shall be healthy, vigorous, well-rooted and free of defects, decay, or disease infestations. All required plant materials shall be maintained by the property owner.
(5)
Within one year of planting, any dead or dying trees or plant materials shall be replaced one time by the applicant during the next planting season.
C.
Specific landscape requirements for parking lots.
(1)
Ten percent of the required parking areas shall be landscaped.
(2)
Planting islands should be used to define circulation patterns and parking bays. They should also be used to soften large expanses of paving.
(3)
Landscaped islands should be distributed throughout the parking lot. In larger parking lots, fewer but larger islands may be used to provide greater visual relief and a healthier environment for tree growth.
(4)
Trees in or at the edge of parking lots should be species that branch no lower than 12 feet from the ground at maturity to allow cars and trucks to circulate beneath the canopy without causing damage.
(5)
Good visibility in parking lots is important for security and traffic safety. Plant materials at vehicular entrances should be located to maintain safe sight distances.
(6)
All service, dumpster, storage, and utility areas shall be screened.
D.
Outdoor lighting requirements.
(1)
Outdoor lighting fixtures shall be installed in a manner that minimizes negative impacts from light pollution, including light trespass, glare, and urban sky glow, in order to preserve enjoyment of the night sky and minimize conflict caused by unnecessary illumination.
(2)
Regulation of outdoor lighting is also intended to promote lighting design that provides for public safety and conserves electrical energy.
(3)
All light fixtures, including security lighting, shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the source. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road, except for:
(a)
Residential entrance lights installed in accordance with the National Electrical Code and all subsequent amendments;
(b)
Outdoor lighting fixtures less than 4,050 lumens, including landscape lighting and decorative lighting;
(c)
Outdoor lighting installed to meet Federal Aviation Administration requirements;
(d)
A designated historical structure;
(e)
Lighting for all outdoor athletic fields, courts, tracks, or sports fields;
(f)
Outdoor illuminated signs; and
(g)
Maintenance to existing outdoor lighting when the following applies:
[1]
The work does not involve the installation of a new light standard, a new lighting fixture, or new wiring;
[2]
The work does not result in an increase in electrical load; and
[3]
Where applicable, the spacing of existing previously conforming light standards is greater than six times the mounting height of the existing outdoor lighting.
(4)
Outdoor lighting shall not exceed a nominal 4000 Kelvin color-correlated temperature (CCT).
(5)
Searchlights, laser source lights, strobe or flashing lights, or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel at their direction.
(6)
Lighting requirements for subdivisions and residential developments shall follow the requirements established by the Department of Public Works.
E.
Buffer yard requirements.
(1)
Buffer yards shall be located on the boundary of a project which adjoins the use to be buffered and shall be in addition to the setback areas or yards otherwise provided in this chapter. The buffer yard area specified in this section may be part of the open space requirements.
(2)
Buffer yards may be used for passive recreation, including trails, bike paths, and picnic areas, but shall not be used for active recreation.
(3)
The following minimum buffer yard requirements shall be applicable to all districts:
Proposed District or Use | Adjacent District or Use | Buffer Yard Width (feet) | |
|---|---|---|---|
R-1 and R-2 | R-3 (single-family dwellings) | 10 | |
R-1 and R-2 | R-3 (multifamily dwellings) | 20 | |
Residential rear yard | Collector and arterial public roads | 25 | |
Active public recreation over 2 acres | Residential use | 50 | |
B-1 District | Residential (single-family dwellings) | 20 | |
B-1 District | Residential (multifamily dwellings) | 15 | |
B-2 District | Residential (single-family dwellings) | 25 | |
B-2 District | Residential (multifamily dwellings) | 15 | |
B-3 District | Residential (single-family dwellings) | 50 | |
B-3 District | Residential (multifamily dwellings) | 35 | |
M-1 District | Residential district | 100 | |
M-2 District | Residential district | 100 | |
Any use | Wetlands, nontidal | 25 | |
Any use | Edge of watercourse in floodplain | 100 |
(4)
A buffer yard shall be landscaped to screen incompatible uses in accordance with any one of the following requirements:
(a)
A planting strip at least 10 feet wide at or near the property line, including trees or shrubs at least two feet high at the time of planting, which may be expected to form a year-round screen within three years.
(b)
A landscaped, rolling, earth mound of at least four feet in height.
(c)
A solid fence or wall of a minimum of five feet in height without advertising, when designed with durable materials, texture and colors compatible with adjacent uses.