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Denton City Zoning Code

ARTICLE III

Zoning Districts and Zoning District Maps.

§ 128-16 Zoning Districts Established.

A. 
The following base zoning districts are established for Denton, Maryland:
SR
Suburban Residential
TR
Town Scale Residential
MR
Mixed Residential
UR
Urban Residential
GC
General Commercial
CBC
Central Business Commercial
RHC
Regional Highway Commercial
CM
Commercial Medical
I
Industrial
MI
Mixed Industrial
RA
Rural Agriculture
B. 
The following overlay zoning districts are established for Denton, Maryland:
CA
Chesapeake Bay Critical Area Overlay Zone
FP
Floodplain District Overlay Zone
HD
Historic District Overlay Zone
IRD
Infill and Redevelopment Overlay Zone
C. 
The following floating zone districts are established for Denton, Maryland:
AE
Arts and Entertainment District
GA
Critical Area Growth Allocation District
PN
Planned Neighborhood District
PUD
Planned Unit Development

§ 128-17 District Purpose.

A. 
Base Zoning Districts.
(1) 
SR - Suburban Residential — The SR Suburban Residential District encompasses an area primarily characterized as low-density single-family residential units with an average density of about one dwelling unit per acre. Also located here is one townhouse development with approximately four units per acre. Slightly more than one-third of the district is undeveloped land. The standards and development options applicable in this zoning district aim to make more efficient use of the Town's land resources and increase the supply of affordable housing by enabling its character to transition over time to that of the Urban Fringe and General Urban Transects discussed in the Comprehensive Plan. Base zoning standards protect existing neighborhoods from incompatible development and add two-family residential and accessory dwelling units by right. At the same time, development options provide an opportunity for context-appropriate infill and redevelopment of vacant and underutilized land and mixed-use development in planned communities. Along with residential development, the district also provides for siting public buildings, schools, churches, open spaces, public recreational facilities, accessory uses, and the like that are necessary or usually compatible with residential surroundings.
(2) 
TR - Town Scale Residential — The TR Town Residential District encompasses an area primarily characterized as low to medium-density single-family residential units with an average density of slightly less than three dwelling units per acre. Approximately one-quarter of the district is unimproved, with parcels ranging from less than one-tenth of an acre to more than twenty-three acres. Consistent with the objectives of the Comprehensive Plan to make more efficient use of the Town's land resources and increase the supply of affordable housing, the district standards enable the district's character to transition over time to that of the General Urban and Urban Core Transects discussed in the Comprehensive Plan. Base zoning standards protect existing neighborhoods from incompatible development and add two-family residential and accessory dwelling units as a by-right use. At the same time, development options provide an opportunity for context-appropriate infill and redevelopment with missing middle housing unit types, accessory dwelling units, and mixed-use development in planned communities on larger parcels. District standards also provide for public buildings, schools, churches, open spaces, public recreational facilities, accessory uses, and the like that are necessary or usually compatible with residential surroundings.
(3) 
MR - Mixed Residential — The objective of the MR Mixed Residential District is to facilitate the development of higher-density single-family and multiple-family residences within the Town core. Approximately half of the MR Mixed Residential District is comprised of improved properties featuring medium-density single-family homes, as well as higher-density townhouses and apartment units. This zone also encompasses certain commercial and mixed-use developments.
The objective for portions of the MR District that are adjacent to the Urban Core Transect and within a reasonable walking distance from the Town center is to promote the ongoing development of a diverse mix of higher-density residential options along with some commercial and mixed uses, like those found in the Urban Core Transect. In areas of the MR district that are more distant from the Town center, zoning regulations are implemented to safeguard existing neighborhoods from incompatible developments while permitting a variety of housing types in well-planned developments on larger parcels.
In addition, flexible development options allow context-appropriate infill and redevelopment projects within existing neighborhoods that enable the area to evolve to the adjacent urban center level of intensity but with discretion to ensure no neighborhood is overwhelmed by inappropriate development. The district standards also accommodate public buildings, schools, churches, open spaces, public recreational facilities, accessory uses, and other amenities that are essential or typically compatible with residential environments.
(4) 
UR - Urban Residential — The UR Urban Residential District provides a framework for revitalizing underutilized areas east of MD 404, creating walkable, mixed-use communities that offer a range of housing choices and contribute to a more sustainable and vibrant urban fabric. The purpose of the MR-2 Mixed Residential District is to enable more compact, mixed-use nodes and encourage compact, sustainable, and vibrant urban form. The district is strategically applied to areas east of MD 404 currently characterized by scattered suburban development and vacant or underutilized parcels. By facilitating a range of housing types and densities, the district encourages a shift away from the typical low-density, single-family home-dominated suburban pattern, reducing sprawl and promoting more efficient land use.
The district allows a mix of single-family, multifamily, and townhomes to accommodate diverse needs and increase housing availability in vibrant, mixed residential neighborhoods that cater to a wider range of needs and demographics, attracting a more diverse population and a greater range of housing affordability. The district specifically permits the development of four-story townhomes as an innovative solution for increasing density while maintaining a compact footprint and providing functional living spaces. Permitting taller buildings is a key strategy for increasing density and making efficient use of land without significantly expanding a building's footprint. Allowing tall buildings promotes a more vertical development pattern, a hallmark of compact urban form.
District standards incorporate provisions to ensure new development complements the surrounding character, avoids abrupt transitions, and is compatible with adjacent land uses while allowing for a variety of housing types. The district's emphasis on compatibility with existing neighborhoods is crucial for successful integration in suburban areas.
(5) 
GC - General Commercial — The purpose of the GC General Commercial District is to provide sufficient space in appropriate locations for a wide variety of business, commercial, and service activity, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. The overall intent of this district is to provide areas for local commercial needs within the core areas of the Town that are compatible with the surroundings.
(6) 
CBC - Central Business Commercial - The purpose of the CBC Central Business Commercial District is to provide retail and office development and redevelopment within the Central Business Commercial District of the Town. Appropriate uses are generally the same as for the GC General Commercial District, but with altered yard and off-street parking requirements in recognition of the practical difficulty of providing off-street parking and the collective responsibility to provide off-street parking for smaller establishments. Development/redevelopment in this district shall be compatible with the existing historic, aesthetic, and pedestrian character of the downtown area in scale and design. Residential uses are also appropriate in this district.
(7) 
CM - Commercial Medical District — The purpose of the CM Commercial Medical District is to provide an area for the orderly development of medical-related uses, including care facilities within the Town. Permitted uses in the district include those customarily associated with medical care and assisted living. Residential uses are also appropriate in this district.
(8) 
RHC - Regional Highway Commercial - The purpose of the RHC Regional Highway Commercial District is to provide a variety of retail and office establishments and commercial services for use by the traveling public on or near major roads or streets in the Town and at the same time, is intended to maintain the appearance of the highways and their access points by limiting outdoor advertising and establishing high standards for development. Commercial development in this district shall be in the form of well-planned commercial concentrations. Commercial development in this district shall be subject to standards for buffering and landscaping, access control, internal auto and pedestrian orientation, screening of loading/unloading and service areas, lot depth-to-width ratios which promote minimal road frontage, service roads, and reverse lot frontage concepts and other site design amenities which enhance aesthetic appeal.
(9) 
I - Industrial - The purpose of the I Industrial District is to provide areas in the appropriate locations for light manufacturing, fabricating, warehousing, and wholesale distribution in low buildings with off-street loading and off-street parking for employees and with access to major thoroughfares or railroads. Development standards for this district shall control excessive heat, odor, noise, dust, and vibration nuisance impacts that could potentially occur. Extensive bufferyards and screening shall be required to screen industrial development from adjacent residential development. Waste removal businesses and similar uses are not permitted in this district. This primary zoning district further intends to allow the establishment of an adult-oriented business consistent with applicable laws or regulations.
(10) 
MI - Mixed Industrial - The purpose of the MI Mixed Industrial District is to offer property located northeast of Lincoln Street and Gay Street and southwest of the old railroad spur the opportunity to transition over time, as directed by the market, to a more mixed residential use. The current use is mainly industrial, and these uses will remain as permitted, with the addition of additional limited commercial uses and mixed residential uses allowed as referred to in the Official Table of Permitted Uses in § 128-87. A planned unit development (PUD), per Article IV of this chapter, is permitted with conditions.
(11) 
RA - Rural Agriculture - The purpose of the RA Rural Agriculture District is to protect and preserve areas of the Town that are presently rural or in agricultural use. District standards permit agricultural activities, and related accessory uses while limiting residential. Additional protection is afforded sensitive environmental areas in those portions of the district in the Chesapeake and Coastal Bays Critical Area.
B. 
Overlay Zoning Districts.
(1) 
CA - Chesapeake Bay Critical Area - The goals of the Town's Critical Area Overlay District are to accomplish the following:
(a) 
Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or runoff from surrounding lands.
(b) 
Conserve fish, wildlife, and plant habitat.
(c) 
Establish land use policies for development in the Critical Area, which accommodate growth and address the environmental impacts that the number, movement, and activities of people may have on the area.
(d) 
Reduce vulnerability to the impacts of climate change and incorporate measures to improve the climate resiliency of the Chesapeake and Atlantic Coastal Bays and its tributaries.
(e) 
Ensure an equitable distribution of the burdens and benefits of development, mitigation, restoration, conservation, and adaptation to climate change within the Critical Area.
(2) 
HD - Historic District - The purpose of the Historic Overlay Zone is to:
(a) 
Safeguard the heritage of the Town by preserving areas and structures that reflect elements of its cultural, social, economic, political, or architectural history or pre-history;
(b) 
Stabilize and improve property values in the area of historic districts and strengthen the local economy;
(c) 
Foster civic beauty;
(d) 
Promote the use and preservation of historic districts for the education, welfare, and pleasure of the residents of the Town, county, the State of Maryland, and the United States of America;
(e) 
Develop an awareness among property owners of the value of preserving, protecting, and restoring areas of historical significance; and
(f) 
Enable the Town government to identify and officially designate structures and sites of historical and cultural importance to the Town to protect, preserve, and promote the continued use and enhancement of the identified structures and sites to make such structures and sites eligible for specific benefits conferred by this and other Town ordinances and policies which may be adopted.
(3) 
IRD - Infill and Redevelopment Overlay District — The purpose of the IRD - Infill and Redevelopment Overlay District is to accomplish the following:
(a) 
Accommodate growth in Denton by encouraging and facilitating new development and redevelopment on vacant, bypassed, and underutilized land where such development is found to be compatible with the surrounding neighborhood and adequate public facilities and services exist;
(b) 
Encourage efficient use of land and public infrastructure;
(c) 
Stimulate re-investment in older established neighborhoods and the central business commercial area;
(d) 
Provide flexibility that achieves high-quality design and results in infill and redevelopment projects that strengthen existing neighborhoods;
(e) 
Streamline the development review process;
(f) 
Support and encourage local small businesses and local entrepreneurs; and
(g) 
Implement the goals, objectives, and policies of the Denton Comprehensive Plan.
(4) 
FP - Floodplain District.
(a) 
It is the purpose of the FP Floodplain District to designate all areas within the Town subject to inundation by floodwaters as defined and referenced by Chapter 58 of the Denton Town Code.
(b) 
It is the intent hereof that the FP District shall protect the general welfare of the Town of Denton residents and the value of property by preventing excessive damage to buildings, structures, and land due to the conditions of flooding.
C. 
Floating Zoning Districts.
(1) 
GA - Growth Allocation District - The purpose of the GA Growth Allocation Floating Zone District is to permit a change in the land management classification established in the Critical Area Overlay District on specific sites so that they may be developed to the extent permitted by the underlying zoning classification or the land use management classification.
(2) 
PN - Planned Neighborhood District - The purpose of the PN Planned Neighborhood District is to provide for the development of well-planned, mixed-use neighborhoods that exhibit the following characteristics:
(a) 
Integrated mix of uses, including residential, commercial, employment/office, civic, and open space;
(b) 
A range of housing types and densities to accommodate a diverse population of age groups and income levels;
(c) 
Compact design;
(d) 
Interconnected streets designed to balance the needs of all users with sidewalks and on-street parking;
(e) 
Open spaces integral to the community; and
(f) 
Location adjacent to and extending the fabric of existing development.
(3) 
AE - Arts and Entertainment District — The AE Arts and Entertainment District is intended to permit master-planned, mixed-use infill and redevelopment with an emphasis on for-profit and nonprofit artistic, cultural, educational, and musical uses of properties in identified redevelopment areas of the Town.
(4) 
PUD - Planned Unit Development Floating Zone — The PUD Planned Unit Development floating zone provides for a mix of residential uses with certain provisions for commercial activities to serve primarily a resident population on large infill and redevelopment parcels within the existing urban fabric.