Zoneomics Logo
search icon

Denton City Zoning Code

ARTICLE I

Title, Authority, Jurisdiction, Purpose, Official Maps.

§ 128-1 Title.

This chapter shall be known as the Denton "Zoning Ordinance." The chapter includes both the text, and the Official Zoning Maps herein adopted.

§ 128-2 Legislative authority.

This chapter is established in accordance with the provisions of Title 4 Land Use Article, Annotated Code of Maryland.

§ 128-3 Jurisdiction.

The provisions of this chapter shall apply to the incorporated territory of Denton, Maryland.

§ 128-4 Purpose and intent.

A. 
This chapter is adopted in accordance with the Denton Comprehensive Plan for the purpose of controlling congestion in the streets, securing public safety, promoting health and the general welfare, providing adequate light and air, promoting the conservation of natural resources, preventing environmental pollution; avoiding undue concentration of population; facilitating the adequate provision of transportation, water, sewerage, schools, recreation, parks, and other public requirements. Such regulations are made with reasonable consideration, among other things, to the character of the district and its suitability for particular uses and with a view to conserving the value of buildings and encouraging the orderly development and the most appropriate use of land throughout the jurisdiction. These zoning regulations also have the purpose of preserving, improving, or protecting the general character and design of the lands and improvements being zoned or rezoned through the power and authority to approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, and changes made or to be made on subject land or lands to assure conformity with the intent and purpose of this chapter.
B. 
It is also the intent of this chapter to implement the provisions of the Economic Growth, Resource Protection, and Planning Act of 1992, where applicable.

§ 128-5 Conflict with other regulations.

The terms of this chapter shall be deemed to control and to have superseded the terms of any prior, conflicting ordinance.

§ 128-6 Compliance required.

No building, structure, land, or part thereof shall hereafter be used, occupied, altered, erected, demolished, constructed, or reconstructed unless in conformity with this chapter.

§ 128-7 Interpretation and Conflict - Minimum requirements.

A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, or general welfare.
B. 
This chapter does not intend to interfere with, or abrogate or annul, any easement, covenants, or other agreement between parties; provided, however, that where this chapter imposes a greater restriction or higher standard upon the use of buildings or premises or the height of buildings or requires larger open spaces than are imposed or required by other resolutions, ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.
C. 
If, because of error or omission in the Official Zoning Map,[1] any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be classified SR Suburban Residential until changed by map amendment.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.

§ 128-8 Severability.

If any section, paragraph, subdivision, clause, phrase, or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter, as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.

§ 128-9 When effective.

A. 
This chapter shall take effect and become enforceable immediately upon its adoption by the Town Council of the Town of Denton. Nothing in this chapter shall impair or invalidate any work begun under any permit issued before the effective date hereof, nor shall it impair or invalidate any unexpired permit for work not yet begun, provided that such work must conform to all terms of the permit and the Zoning under which such permit was issued.
B. 
All applications receiving preliminary site plan approval before the effective date hereof shall be processed and decided in accordance with the Zoning in effect when the particular application was approved.

§ 128-10 Official Zoning Maps.

A. 
The incorporated areas of the Town are hereby divided into zones (zoning districts), as shown on the Official Zoning Maps,[1] which, together with all explanatory matter thereon, are now adopted by reference and declared to be a part of this chapter.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
B. 
The Official Zoning Maps shall be identified by the signature of the Town Councilpersons, attested by the Town Administrator, and bearing the seal of the Town under the following words: "This is to certify that this is the Official Zoning Maps referred to in § 128-10 of the Zoning Ordinance of the Town of Denton, Maryland," together with the date of the adoption of this chapter.
C. 
Regardless of the existence of purported copies of the Official Zoning Maps, which may from time to time be made or published, the Official Zoning Maps, which shall be in the Department of Planning and Codes Administration office, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Town. Copies of the Official Zoning Maps shall also be in the Town Administrator's or Town Clerk's Office.
D. 
Official Critical Area Overlay District Maps. An Official Critical Area Overlay Map has been prepared for the Town of Denton and shall be maintained in force as part of the Official Zoning Maps of the Town of Denton. This map shall delineate the extent of the Critical Area Overlay District and the Land Use classification of properties, i.e., RCA, LDA, or IDA. It shall correspond to the Chesapeake Bay Critical Area.

§ 128-11 Replacement of Official Zoning Maps.

A. 
If the Official Zoning Maps become damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Town Council may, by resolution, adopt new Official Zoning Maps, which shall supersede the prior Official Zoning Maps.
B. 
The new Official Zoning Maps may correct drafting or other errors or omissions in the prior Official Zoning Maps. Still, no such corrections shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The Director of Planning shall certify as to the accuracy of the new Official Zoning Maps. The maps shall be identified by the signature of the Town Councilpersons, attested by the Town Administrator, and bearing the seal of the Town under the following words: "This is to certify that these Official Zoning Maps supersede and replace the Official Zoning Maps adopted (date of adoption of maps being replaced) as part of the Zoning Ordinance of the Town of Denton, Maryland."

§ 128-12 Interpretation of Zoning District Map.

A. 
The location of zoning districts as determined from the Official Zoning Map is subject to the following rules of interpretation:
(1) 
The regulations pertaining to a zoning district shall extend throughout the whole area bounded by the zoning district lines.
(2) 
Where a boundary line is shown to be located within a street, alley, railroad track, or other physical feature, it shall be deemed to be in the actual center of the feature.
(3) 
Where a boundary line is shown as being a specific distance from a street or other physical feature, this distance shall be controlled and shall be measured from the center of the feature.
(4) 
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
B. 
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning District Map or under circumstances not covered under this section, the Planning Commission shall interpret the location of the zoning district boundaries.
C. 
The Official Critical Area Overlay Map shall not be used for actual determination of the Critical Area, buffer lines of 1,000 feet, 100 feet, and 200 feet for subdivision, site plan, and permit applications. Such determinations shall be made by a professional land surveyor, at the applicant's expense, certified to and noted on plats provided by the applicant.