Denton City Zoning Code

Institutional buildings.

Public or semi-public buildings.

Multiple-family dwellings.

Commercial or industrial buildings.

Additional principal structures or uses in a mixed-use project with the prior approval of the Planning Commission and where the Planning Commission finds the cumulative off- and on-site impacts are addressed, e.g., parking, traffic, access.

Cottage house development.

Condominiums.

Mixed-use buildings.

Residential.

Public, Civic, and Institutional.

Commercial.

Wholesale, Distribution, and Storage.

Industrial.

Recycling.

Agricultural.

Other.

Accessory.

The Planning Commission is authorized to classify uses based on this Ordinance's use category, subcategory, and specific use type descriptions.

If the Planning Commission cannot classify uses based on the use category, subcategory, and specific use type descriptions. Where such use is not explicitly prohibited from the district, the Planning Commission shall submit to the Board of Appeals a written request to determine the unclassified use per Article XIV.

If the Board of Appeals determines that the use in question is similar and meets the intent of the principal permitted uses within the district, then it shall instruct the Planning Commission to issue a zoning certificate.

If the Board of Appeals determines that the proposed use in the district is consistent with the character and intent of the uses permitted by special exception within the district, then the applicant may apply for a special exception in the usual manner.

Once a permitted or special exception use has been allowed or disallowed by the Board, it shall be considered classified under the appropriate category in the district.

The presumption established by this section is that all legitimate uses of land are permissible within at least one zoning district in the Town's planning jurisdiction. Therefore, because the categories of permissible uses set forth in § 128-87, Table of Permitted Uses, cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

Notwithstanding Subsection E(1), all uses that are not included in § 128-87, Table of Permitted Uses, even given the liberal interpretation mandated by Subsection E(1), are prohibited, nor shall § 128-87, Table of Permitted Uses, be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

Without limiting the generality of the preceding provisions, the following uses are specifically prohibited in all districts unless otherwise specified:

Detached House - A detached house is a principal residential building occupied by one dwelling unit on a single lot with private yards on all sides. Detached houses are not attached to and do not abut other dwelling units. This category includes modular homes.

Attached House - An attached house is a dwelling unit that is attached to one or more dwelling units, each of which is joined together by a party wall or walls or is located on its lot with a shared or abutting wall at the dwelling units' shared lot lines. Each dwelling unit has its external entrance.

Two-family (Stacked Duplex) - Two dwelling units with two side yards located one over the other.

Duplex, side-by-side - Two dwelling units are attached side-by-side by a party wall and have one side yard adjacent to each dwelling unit.

Townhouse - Three or more dwelling units occupy a separate lot unless in a condominium, are attached side-by-side by party walls, and have a side yard adjacent to each end unit. The subcategory includes four-story townhomes, townhomes exceeding 40 feet in height. Four-story townhomes are a specialized category in residential architecture added to the permitted uses in the Denton Zoning Ordinance. These structures are characterized by their compact design, featuring attached homes that are arranged side-by-side across four floors. Units may be equipped with an interior garage, enhancing space efficiency and functionality. The entrances of these townhomes are typically located on the narrow side of the unit and commonly face either a street or an internal courtyard, promoting accessibility and community interaction.

Multifamily/Apartment - A multifamily/apartment/condo building is a residential building on a single lot occupied by three (3) or more dwelling units that share common walls and/or common floors/ceilings. This category includes standalone fourplex and triplex units. A standalone triplex or fourplex is a single multifamily unit on a separate lot designed to house three or four families.

Accessory Dwelling Unit - a separate complete housekeeping unit that is substantially contained within a single-family unit or a commercial structure but can be isolated from it.

Manufactured Housing Unit - As interpreted in this ordinance and consistent with State law, a manufactured home is a transportable structure that is more than 320 square feet, designed to be used as a dwelling, and includes the plumbing, heating, air-conditioning, and electrical system. When not in a mobile home park or subdivision, a manufactured home must meet all Town requirements for a detached single-family dwelling.

Mixed-use building, residential - A residential building that provides for shared use, with one use residential and the other either office, commercial, or retail. An example is a retail shop in a storefront building with one or more apartments above.

Mobile Home - A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Mobile homes, as differentiated from manufactured homes, are only permitted in an approved mobile subdivision or mobile home park.

Modular Home - A detached residential unit built to the specifications of the Town's building code, containing not less than 500 square feet of gross livable floor area in the initially manufactured unit, designed and intended for delivery by transportation on the highway for permanent assembly in a permanent and separately constructed foundation. A "modular home" must meet the requirements and definitions of the Maryland Industrialized Building and Mobile Homes Act as in effect as the date of passage of this Ordinance. Modular homes are regulated in the same manner as stick-built residential units.

Cottage housing - A grouping of small, single-family dwelling units clustered around a common area and developed with a coherent plan for the entire site. The cottage units may have other shared amenities, including shared common areas and coordinated design.

Mixed-use Building, commercial - A commercial building that provides for shared use, with one use residential and the other either office, commercial, or retail. An example is a retail shop in a storefront building with one or more apartments above.

Qualified projects developed by nonprofits - A type of residential development project mandated under the Housing Expansion and Affordability Act (HB 538) that gives special consideration to development projects intended to provide affordable housing. Projects must meet the following criteria to qualify:

Intermediate Care Facilities for Individuals with Intellectual Disabilities or Persons with Related Conditions — a facility licensed by the Maryland Department of Health and Mental Hygiene and shared by individuals with intellectual disabilities or persons with related conditions.

Group residential care facilities (Group Homes) - A dwelling that houses (3) or more unrelated individuals, including supervisory staff located in a residential zone. Such facilities enable residents to live as independently as possible in a home-like environment. The subcategory includes halfway houses that aim to assist in community transition and provide vocational training, counseling, and other services. Release to a halfway house is used in situations such as releasing mental patients and prisoners. People in addiction recovery also use them to adapt to sober living. They usually require residents to follow specific rules, such as sign-in and sign-out procedures and curfews. A halfway house may allow residents to work or study during the daytime and return at night. Residency requirements, purposes, and rules vary at each halfway house. The subcategory also includes small and large intermediate-care nursing homes.

Sheltered Care - An activity accessory to and affiliated with a religious facility providing maintenance and personal care for those in need.

Assisted Living, Continuing Care - Establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for (1) the elderly and other persons who are unable to care for themselves fully and/or (2) the elderly and other persons who do not desire to live independently. Individuals live in various residential settings, where meals, housekeeping, social, leisure, and other services assist with daily living. Assisted living facilities with on-site nursing care facilities are included in this subcategory.

Health Clinics — Establishments that provide medical, dental, psychiatric, surgical, massage, or physical therapy or other health-related services primarily on an outpatient basis.

Nursing care — Establishments licensed by the Maryland Department of Health providing comprehensive or extended care. The facility may offer nonacute inpatient care to residents (a) who have a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximal nursing care without continuous hospital services and (b) who require medical services and nursing services rendered by or under the supervision of a licensed nurse together with convalescent, therapeutic, or rehabilitative services. These services may be provided in the residential setting in an approved group residential care facility or an institution serving a larger number of residents.

Essential services - Underground or overhead gas, electrical, steam, or water transmission or distribution systems, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, towers, electric substations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories that are reasonably necessary to furnish utility services or for the public health, safety, or general welfare.

Public utility - Uses or structures, except essential services provided to the general public, such as water, sewerage, sewage treatment, electricity, piped gas, or telecommunications.

Alternative energy facilities - Energy production systems that generate energy from the byproducts of the principal use are considered accessory uses, including net-metered installations and installations that generate power to sell wholesale to the power grid.

Wind Energy Conversion System - An electrical generating facility consisting of a wind turbine, generator, other accessory structures and buildings, electrical infrastructure, and other appurtenant structures and facilities.

Solar Energy System (SES) - Solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware, or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal and photovoltaic.

Freestanding towers - A structure that supports equipment to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.

Building or tower-mounted antennas - The physical device attached to a freestanding tower, building, or other structure through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.

Satellite earth station, satellite dish: A parabolic antenna and associated electronics and support equipment for transmitting and/or receiving satellite signals.

Small wireless facility - "Small cells" are low-powered wireless base stations that function like traditional cell sites in a mobile wireless network but typically cover targeted indoor or localized outdoor areas. "DAS" or "distributed antenna systems" use numerous antennae, commonly known as "nodes," similar in size to small cells and are connected to and controlled by a central hub. This category includes similar facilities, systems, or devices designed to facilitate a mobile wireless network within a localized area and attached to a support structure within sidewalks, streets, or private property.

Grooming - Grooming dogs, cats, and similar companion animals, including dog bathing, clipping salons, and pet grooming shops.

Boarding or shelter/kennel - Animal shelters, care services, and kennel services for dogs, cats, and companion animals, including boarding kennels, pet resorts/hotels, pet daycare, pet adoption centers, dog training centers, and animal rescue shelters. For purposes of this Ordinance, the keeping of more than four (4) dogs, cats, or similar household companion animals over four (4) months of age or the keeping of more than two (2) such animals for compensation or sale is deemed a boarding or shelter-related animal service use and is allowed only in those zoning districts that permit such uses.

Veterinary care - Animal hospitals and veterinary clinics.

Building service - Uses that provide maintenance and repair services for all structural and mechanical elements of structures and the exterior spaces of a premises. Typical uses include contractor offices, janitorial, landscape maintenance, extermination, plumbing, electrical, HVAC, window cleaning, and similar services. A business that offers repair and maintenance service technicians who visit customers' homes or places of business is classified as a "building service," e.g., a computer technician. Outdoor storage of equipment and supplies only where explicitly permitted.

Business support service - Uses that provide personnel, printing, copying, photographic, or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, caterers, telephone answering services, and photo-developing labs.

Consumer maintenance and repair service - Uses that provide maintenance, cleaning, and repair services for consumers on a site other than the customer's (i.e., customers bring goods to the repair/maintenance business). Typical uses include laundry and dry-cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, lock-smiths, vacuum repair shops, electronics repair shops, and similar establishments. In addition, a business that offers repair and maintenance service technicians who visit customers' homes or places of business is classified as a "building service."

Personal improvement service - Uses that provide various services associated with personal grooming, instruction, and maintenance of fitness, health, and well-being. Typical uses include barbers, hair and nail salons, day spas, health clubs, yoga studios, martial arts studios, and businesses purporting to offer fortune-telling or psychic services.

Research Service - Uses engaged in scientific research and testing services leading to new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution, or sale of products. Research services do not produce odors, dust, noise, vibration, or other external impacts that are detectable beyond the property lines of the subject property.

Daycare center - A facility licensed by the State of Maryland that provides daycare for more than eight (8) children or any number of adults.

Childcare family - A dwelling unit licensed by the State of Maryland in which daycare is provided for a maximum of eight (8) children, excluding natural, adopted, and foster children of the residents of the dwelling unit.

Hotel and motel - An establishment for transients consisting of any number of sleeping rooms in permanent buildings, each room or suite of rooms having complete sanitary facilities and separate entrances, including hotel, motel, lodge, tourist park, and similar establishments, but not including a boarding- or lodging house, inn or bed-and-breakfast establishment.

Bed and breakfast - A single-family, owner-occupied dwelling in which overnight sleeping rooms are rented on a short-term basis to transients and at which no meal other than breakfast is served to guests, which is included in their room charge.

Boardinghouse and rooming - A private dwelling or part thereof where lodgings with or without meals are provided for compensation to persons not members of the resident family.

Short-term Rentals - Any rental tenancy permitting the occupancy of a residential dwelling unit by persons unrelated by blood or marriage to the property owner (or the tenant of the property) for a specified period.

Convenience goods - Retail sales use that sell or otherwise provide (1) sundry goods; (2) products for personal grooming and for the day-to-day maintenance of personal health or (3) food or beverages for off-premises consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include drug stores, grocery, specialty food stores, wine or liquor stores, gift shops, newsstands, and florists.

Neighborhood center — Small-scale infill or redevelopment uses within existing neighborhoods that are limited to businesses that primarily cater to neighborhood residents, such as small grocery stores, personal and professional services, dry cleaners, video shops, cafes, tea rooms, small bakeries, and other uses that are deemed appropriate by the Planning Commission and Board of Appeals.

Cannabis Enterprise — An entity licensed by the State of Maryland to acquire, possess, repackage, process, transfer, transport, sell, distribute, or dispense products containing cannabis, related supplies, related products including tinctures, aerosols, oils, or ointments, or educational materials. The category includes Medical Marijuana Dispensaries licensed by the Maryland Medical Cannabis Commission to acquire, possess, repackage, process, transfer, transport, sell, distribute, or dispense products containing medical cannabis, related supplies, and related products, including tinctures, aerosols, oils or ointments, or educational materials for use by a qualifying patient or caregiver. The category includes enterprises involving only retail sales and not including on-site consumption and enterprises involving growing, processing, transport, packaging, and warehousing.

Adult entertainment establishment.

Consumer shopping goods - Retail sales use that sell or otherwise provide clothing, fashion accessories, furniture, household appliances, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, or aesthetics. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, uniform supply stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores, and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, office supplies and office furnishing stores and wig shops.

Building supplies and equipment - Retail sales use that sell or otherwise provide goods to repair, maintain, or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint, wallpaper supply stores, and gardens.

Commercial vehicle repair and maintenance - Uses, excluding vehicle paint finishing shops, that involve repairing, installing, or maintaining the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft, watercraft, or similar large vehicles and vehicular equipment. This subcategory includes truck stops and truck fueling facilities.

Commercial vehicle sales and rentals - Uses that provide for the sale or rental of large trucks, large construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.

Fueling station - Uses engaged in retail sales of personal or commercial vehicle fuels, including natural gas fueling stations, rapid vehicle charging stations, and battery exchange facilities for electric vehicles.

Personal vehicle repair and maintenance - Uses engaged in repairing, installing, or maintaining the mechanical components of autos, small trucks or vans, motorcycles, motor homes, or recreational vehicles, including recreational boats. It also includes uses that wash, clean, or otherwise protect these vehicles' exterior or interior surfaces. The subcategory does not include vehicle body or paint finishing shops.

Personal vehicle sales and rentals - Uses that provide the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes, or recreational vehicles, including recreational watercraft. Examples include automobile dealers, auto malls, car rental agencies, and moving equipment rental establishments (e.g., U-Haul).

Vehicle body and paint finishing shop - Uses primarily conduct vehicle bodywork and repairs or apply paint to vehicles' exterior or interior surfaces by spraying dipping flow coating or other similar means.

Contractor's shop - An establishment used for the indoor repair, maintenance, or storage of a contractor's vehicles, equipment, or materials, and may include the contractor's business office.

Fuel storage - An establishment that includes "fuel storage tanks" or any vessel or tank that stores gases or liquids, including fuel products such as gasoline, diesel fuel, heating oil, natural gas, natural gas liquids, propane, synthetic gas, or similar products.

Grain storage - Bulk storage, drying, or other processing of grain and livestock feed or storage and sale of fertilizer, coal, coke, or firewood with adequate control of dust and particulates during all operations.

Limited wholesale sales and distribution facilities, excluding fuels and other flammable liquids, solids, or explosives held for resale and the bulk storage or handling of fertilizer, grain, and feed.

Wholesale sales and distribution facilities, including fuels and other flammable liquids, solids, or explosives held for resale and the bulk storage or handling of fertilizer, grain, and feed.

Micro-producers, wine, beer, or distilled spirits, coffee roasting. This category includes coffee-roasting establishments. It also includes micro-producers of beer, wine, and distilled spirits with limited on-site production of wine, beer, or distilled spirits permitted under a Class 7 micro-brewery license or Class 9 limited distillery license issued by the State and in compliance with the requirements of the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB). Depending on the product produced and the specific permit and license held, the facility may be allowed limited sales for on-premises consumption, sell products to go and sell to a wholesaler for resale to restaurants and retailers. Uses accessories for on-site production, such as tasting rooms for the consumption of beer, wine, or distilled products, may be permitted on the premises if allowed by a state license and in conjunction with the principal on-site production use.

Medical cannabis processor - An entity licensed by the Maryland Medical Cannabis Commission that transforms medical cannabis into another product or extract, packages, and labels medical cannabis.

Medical cannabis licensed grower - An entity licensed by the Maryland Medical Cannabis Commission to grow medical cannabis.

Temporary Use, Emergency - Structures and/or use for emergency public health and safety needs/land use activities.

Temporary Use, Construction - On-site contractors' mobile homes used in conjunction with an approved construction project on the same site.

Temporary Use, Sale - One trailer or using one building as a temporary field or sales office in connection with building development.