Denton City Zoning Code
ARTICLE VI
Supplementary Use Regulations.
§ 128-88 Purpose.
The regulations set forth in this article qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 128-89 Accessory dwelling units (ADUs).
A.
Where permitted, there shall be no more than one accessory dwelling unit per lot, provided such accessory dwelling unit shall comply with the following standards.
B.
Location. An accessory dwelling unit may only be on the same lot as a detached single-family dwelling.
C.
Design Standards
(1)
Purpose. Standards for creating accessory dwelling units address the following purposes:
(a)
Ensure that accessory dwelling units are compatible with the desired character and livability of residential districts;
(b)
Respect the general building scale and placement of structures to allow sharing of shared space on the lot, such as driveways and yards; and
(c)
Ensure accessory dwelling units are smaller than the principal residential units.
(2)
Creation. An accessory dwelling unit may only be created through the following methods:
(a)
Converting existing living area, attic, or basement;
(b)
Adding floor area to an existing dwelling;
(c)
Construction of a stand-alone unit; or
(d)
Adding onto or repurposing an existing accessory building (e.g., an apartment in an existing garage or converting an existing accessory building into an ADU).
(3)
Parking.
(a)
No additional parking space is required for the accessory dwelling unit if on-street parking is permitted and adequate.
(b)
One additional parking space located on or within one hundred (100) feet of the lot is required for the accessory dwelling unit: (1) when none of the roadways in abutting streets can accommodate on-street parking or (2) when the accessory dwelling unit is created at the same time as the principal dwelling.
(4)
Maximum Size. The size of an accessory dwelling unit may be no more than sixty (60) percent of the living area of the principal dwelling or one thousand (1,000) square feet of floor area, whichever is less.
§ 128-90 Accessory Structures.
The following provisions and standards apply to all accessory structures as defined by this section for properties in residential and nonresidential zoned districts.
A. ACCESSORY STRUCTURE ACCESSORY STRUCTURE, ATTACHED ACCESSORY STRUCTURE, DETACHED ACCESSORY STRUCTURE, PERMANENT ACCESSORY STRUCTURE, TEMPORARY STORAGE CONTAINERS SUBSTANTIAL ALTERATION, RECONSTRUCTION, OR REPAIR
Definitions. As used in this section, the following terms shall have the meanings indicated:
A structure located on the lot, the size and use of which is subordinate and incidental to and associated with the principal structure. Examples of accessory structures are barns, garages, carports, playhouses, sheds, private greenhouses, gazebos, storage buildings, boathouses and docks, wind-generating devices, solar arrays, swimming pool pumphouses, radio and television receiving antenna towers and dishes, temporary and semi-permanent or permanent storage containers.
An accessory structure attached to the principal structure substantially, for example, by a roof.
An accessory structure detached from the principal structure.
For this section, "permanent" shall mean any accessory structure located on a property for more than thirty (30) days.
For this section, "temporary" shall mean an accessory structure located on a property for less than thirty (30) days.
Any factory-built container or part thereof designed or used for freight or storage, including, but not limited to, PODs, Conex boxes, and sea-land containers.
Alteration, reconstruction, or repair of more than 50% of the structural supporting members of an accessory structure, measured by the length and width of the floor, wall, or roof where the reconstruction or repair is required.
B.
Applicability. Where there is a conflict between general and specific requirements, the specific and most restrictive requirement shall be applicable. Specific requirements for accessory structures are as follows:
(1)
Accessory structures located in environmentally protected or hazardous areas, such as critical areas, forest conservation, floodplains, and tidal and nontidal wetlands, shall be regulated by the applicable codes for size, location, and construction standards.
(2)
Accessory structures located on a property in the Historic District Overlay shall be required to meet the Historic District design standards, in addition to the provisions of this section.
(3)
Accessory structures greater than two hundred (200) square feet shall comply with Chapter 38, Building Construction, of the Town Code, in addition to the provisions of this section.
(4)
Permanently attached accessory structures shall comply with Chapter 38, Building Construction, of the Town Code, in addition to the provisions of this section.
(6)
All the provisions of the underlying zoning district shall apply unless modified by provisions of this section.
D.
Development standards and approval criteria for property in residentially zoned districts.
(1)
Dimension, size, and location standards for residential zoned properties.
(a)
Location. Accessory structures shall be located in the rear yard of the property. For this section, the rear of the property is deemed opposite the elevation of the principal structure facing a primary street. Exception: For properties where accessory structures are historically located in the front yard, or if technically unfeasible to locate an accessory structure in the rear yard because of stormwater, forest conservation, tidal and nontidal buffers, or other required easements and buffers, the Planning Commission shall approve the accessory structure location.
(b)
Rear and side yard setbacks. The rear yard setback shall be five (5) feet, measured from the overhang of the roof structure to the rear property line, right-of-way, or easement line. The side yard setback shall be three (3) feet, measured from the overhang of the roof structure to the property line, right-of-way, or easement line.
(c)
Increased setback requirements. Accessory structures greater than two hundred (200) square feet and attached accessory structures shall be set back along the same plane as the principal structure or ten (10) feet from side and rear lot lines, whichever is greater.
(2)
Additional provisions for towers, antennas, wind-generating devices, and TV and satellite receiving dishes. All freestanding and detached towers, antennas, wind-generating devices, and TV-receiving dishes shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscape planting screen shall be per § 128-152, Bufferyards, and shall be provided and maintained around these structures and accessory attachments.
(3)
Encroachments not permitted. No accessory structure shall encroach upon any adjoining property or public right-of-way, including but not limited to streets, alleys, and public or private easements.
(4)
Height. [Except as provided in subsection (5) following], the height of any accessory building may not exceed the height of the principal dwelling or twenty-two feet, whichever is more restrictive.
(5)
The Planning Commission may grant an exception to the height restriction in (4) preceding for the height of a proposed accessory building to a maximum height of 22 feet subject to the following findings:
(a)
The design and location of the proposed accessory building are context-appropriate, as they align with the architectural character, scale, and streetscape patterns of the surrounding neighborhood, as encouraged by Appendix III,[1] Part 2, Section D (Streetscape/Neighborhood) and Section E (Elements of Design). The building's silhouette, massing, and materials establish visual linkages with existing structures, ensuring compatibility with the immediate and broader neighborhood context.
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
(b)
The proposed accessory building does not constitute a serious violation of the Design Guidelines outlined in Appendix III, Part 1 and Part 2. The building adheres to key principles, including harmonious integration with the site and adjoining properties (Part 1, Sections B and C), appropriate landscape treatment (Part 1, Section D), and cohesive building design (Part 1, Section E). Specific design elements, such as complimentary roof pitch, material selection, or landscaping, reflect the guidelines' emphasis on visual continuity and neighborhood character.
(c)
The proposed height of 22 feet is justified as it does not exceed the absolute maximum height permitted under the zoning standards and is compatible with the site's topography and surrounding development. The building's scale and placement minimize the visual impact on adjacent properties and the streetscape, as supported by Appendix III, Part 2, Section G (Siting, Location, and Topography) and Section H (Architectural Envelope).
(d)
Conditions of Approval.
(i)
The applicant shall implement landscaping measures, such as, e.g. planting deciduous trees or screening with shrubs, to enhance the building's integration with the site and mitigate any visual impact, per Appendix III, Part 1, Section D.
(ii)
Exterior materials and finishes shall be consistent with the principal dwelling and neighborhood character, as required by Appendix III, Part 1, Section E(3) and Part 2, Section J.
(iii)
The applicant shall ensure that any exterior lighting complies with Appendix III, Part 1, Section E(7), and Part 2, Section I to avoid excessive brightness and maintain harmony with the surrounding area.
(e)
The applicant has the entire burden of proof to demonstrate the proposed accessory building meets the findings requirements of Subsection D(5). The applications shall include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:
(i)
A description of the proposed development site, i.e., a plot plan or survey plot.
(ii)
A description of existing conditions in the vicinity of the site, including all adjacent properties. These descriptions shall include documenting photographs and an analysis of the prominent architectural features of adjacent properties and along adjacent block faces and shall address the following:
(iv)
description of the proposed accessory building, including:
[a]
elevations of all proposed buildings,
[b]
a description of how the proposed accessory building is compatible with the features described in Subsection D(5)(e)(iii) above and
[c]
A statement of how the proposed infill or redevelopment meets the development and compatibility standards in Design Guidelines in Appendix III[2] and the findings requirements outlined in Subsection D(5).
[2]
Editor's Note: Appendix III is included as an attachment to this chapter.
(f)
Notice and Public Hearing Requirements. Consideration of a special exception under this subsection requires public notice and a public hearing.
(i)
Notice of the public hearing, property posting, and mailed notice shall be as provided in Article XVII.
(ii)
Public Hearing Process. The Planning Commission must hold a public hearing where:
[a]
The applicant presents the special exception request, including evidence of compliance with the proposed findings (context-appropriate design, no serious violation of Appendix III Design Guidelines,[3] and 22-foot height limit).
[3]
Editor’s Note: Appendix III is included as an attachment to this chapter.
[b]
Planning and Codes staff provide analysis or recommendations.
[c]
The public can comment, raising concerns about impacts like aesthetics, privacy, or traffic.
(6)
Nonconforming accessory structures. Substantial alterations from reconstruction or repair of nonconforming accessory structures shall require a variance granted by the Board of Appeals per § 128-181.
(7)
Storage containers. Permanent storage containers shall not be located or installed on residential-zoned properties.
E.
Development standards and approval criteria for property in commercial, industrial, institutional, and all other zoned districts.
(1)
The Planning Commission shall approve permanent storage containers and accessory structures in all nonresidential zoned districts following the review procedures outlined in Article XVI.
(2)
Permanent storage containers. In addition to the other approval criteria of this chapter, permanent storage containers in any commercial, mixed-use, or public lands zoning district shall comply with the following standards. Exception: The Planning Commission may modify and amend the requirements for temporary and permanent storage containers on non-residential zoned properties as a condition of the approval where such containers are an integral requirement of the business or use.
(a)
One (1) permanent storage container shall be allowed for properties that are less than or equal to one (1) acre in size. A maximum of two (2) permanent storage containers may be allowed for properties greater than one (1) acre in size.
(b)
Permanent storage containers shall be painted a neutral, earth-tone, or otherwise site-compatible color. The color shall be uniform for the entire storage container. If permanent storage containers will be placed within fifty (50) feet of each other on the same property, they shall be of the same color.
(c)
Signs are prohibited on permanent storage containers, except those required to contain public safety information for the storage container.
(d)
Permanent storage containers shall be located and screened to minimize visibility from surrounding streets and neighboring properties.
(e)
No permanent storage container shall violate applicable zoning standards and shall not encroach into pedestrian or vehicle circulation areas, required parking areas, landscape areas, emergency accessways, or vision clearance areas.
(f)
No permanent storage container shall be allowed to be placed or remain in a state of disrepair. Examples of states of disrepair include but are not limited to, any damage that compromises the intended shape (i.e., disfigurement) and/or function of the storage container, significant rust, or graffiti.
(g)
Use of a permanent storage container is restricted to storage only. Any form of human occupancy shall be prohibited.
(h)
Permanent storage containers shall not be used for any primary use.
(i)
A permanent foundation is not required. Still, permanent storage containers shall be placed on a level surface of asphalt, concrete, or other materials approved by the Director, his or her designee, or as applicable by the Planning Commission.
(j)
Permanent storage containers shall not exceed a height of twenty (20) feet.
(k)
Permanent storage containers shall not be stacked.
(3)
Dimension, size, and location standards for property in commercial, industrial, institutional, and all other zoned districts.
(a)
Location. Accessory structures shall be located on the property as approved by the Director or his or her designee or as applicable by the Planning Commission.
(b)
Front, rear, and side yard setbacks. Setbacks for accessory structures shall be a minimum of three (3) feet measured from the overhang of the roof structure for the rear yard, five (5) feet from the overhang of the roof structure for the side yards, and fifteen (15) feet from the overhang of the roof structure for the front yard, measured from the applicable property line, right-of-way, or easement line.
(c)
Setback requirements for corner lots. For this section, the setback for accessory structures on corner lot properties is as follows:
[1]
Primary street frontage: The setback for accessory structures shall be by the provisions for front yard setback established in § 128-90E(3)(b) and shall be measured from the applicable property line, right-of-way, or easement line.
[2]
Secondary street frontage: The setback for accessory structures shall be per the provisions for side yard setback established in § 128-90E(3)(b) and measured from the applicable property line, right-of-way, or easement line.
(d)
Requirement for an increase in setback requirements. Setback requirements for front, rear, and side yards shall be increased from the minimum requirements established in § 128-90E(3)(b) of this section where, in the opinion of the Director, or his or her designee, or the Planning Commission determines the minimum requirements create an adverse impact to traffic, vehicular or pedestrian, parking, utilities, or environmentally sensitive areas, such as stormwater facilities, wetlands, or forest conservation areas.
§ 128-91 Accessory uses.
A.
The Permitted Uses Table (§ 128-87) classifies different principal uses according to their impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development. It would be regarded as an accessory to such principal uses, even though such facilities would require a separate permit if developed apart from a residential development.
B.
Accessory uses regulations.
(1)
Accessory uses and structures are permitted with the lawfully established principal uses.
(2)
The Planning Commission is authorized to determine when a use, building, or structure meets the criteria of an accessory use or accessory structure. To classify a use or structure as an "accessory," the Planning Commission must determine that the use or structure:
(a)
is subordinate and incidental to the principal structure or principal use served in terms of area and function.
(b)
provides a necessary function for or contributes to the comfort, safety, or convenience of occupants of the principal use; and
(c)
is customarily found in association with the principal subject use or principal structure.
(3)
Accessory buildings may be established in conjunction with or after the principal building is completed. However, they may not be established before the principal building is in place.
C.
For the purpose of interpreting Subsection B:
(1)
A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use.
(2)
To be commonly associated with a principal use, it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
D.
Without limiting the generality of Subsections B and C, the following activities, so long as they satisfy the general criteria set forth above, are regarded explicitly as accessories to residential principal use:
(1)
Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a "home occupation."
(2)
Hobbies or recreational activities of a noncommercial nature.
(3)
Yard or garage sales, so long as such sales are not conducted on the same lot for more than three (3) days (whether consecutive or not) during any ninety (90) days.
E.
Without limiting the generality of Subsections B and C, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:
(1)
Storage outside a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.
(2)
Parking outside a substantially enclosed structure of more than four (4) motor vehicles between the front building line of the principal building and the street on any lot used for residential purposes.
§ 128-92 Industrial uses.
§ 128-93 Industrial parks.
A.
Industrial parks shall be located on a site that is at least one (1) acre in size.
B.
The lot on which the industrial park is located must have a minimum frontage of one hundred (100) feet on a public street.
C.
The lot on which the industrial park is located must have a depth of at least one hundred (100) feet.
D.
The project shall have a unified arrangement of buildings, service areas, parking, and landscaped areas.
E.
Materials, massing, and facade design for the project shall be harmonious with the neighborhood's character.
F.
The internal circulation system shall be designed to minimize through traffic and traffic conflicts within the project.
G.
The vehicular plan shall provide for safe pedestrian movement.
H.
From the public view, the applicant shall design and site buildings to screen unsightly site elements such as shipping and loading areas, equipment storage areas, dumpsters, etc.
I.
All operations (except for permitted outdoor storage) shall be in a wholly enclosed building.
J.
The release, disposal, or storage of waste materials shall not be visible off-site. All trash and refuse shall be stored in self-enclosed storage areas.
L.
An impact statement shall be submitted with the site plan, which explains:
(1)
All buildings and structures' proposed architectural design (graphic or narrative).
(2)
The proposed hours of operation.
(3)
The provisions for control of toxic and offensive odors.
(4)
The air pollution, water quality, and noise control measures to be taken.
(5)
The type and amount of traffic expected to be generated.
§ 128-94 Temporary emergency, construction, or repair residences.
A.
Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.
B.
Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six (6) months after the date of issuance, except that the Director of Planning may renew such permit for one (1) additional period not to exceed three (3) months if it is determined that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.
§ 128-95 Manufactured Homes.
A manufactured home outside a mobile park or mobile home subdivision shall be permitted provided:
A.
The manufactured home complies with all Denton code requirements applicable to residential units.
B.
The manufactured home is attached to a permanent foundation.
C.
The ownership interests of the manufactured home and the parcel of land it is affixed to are identical.
D.
An affidavit of affixation has been recorded with the clerk of the court for Caroline County as provided in Title 8B Manufactured Homes, Subtitle 2 Conversion to Real Property, Section 8B-202 Affidavit of Affixation.
§ 128-96 Manufactured home parks.
The following regulations shall apply to manufactured home parks in any district where manufactured home parks are permitted:
A.
Access to the manufactured home park shall be from a major collector street or arterial street; the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; no manufactured home space shall be designed for direct access to a street outside the boundaries of the manufactured home park. Interior access drives shall be as specified in the Denton Department of Public Works Standard Specifications and Details for Public Works Construction.
B.
The site's topography facilitates proper drainage and ensures that adequate stormwater facilities are provided.
C.
The minimum width and/or depth of the manufactured home park shall be two hundred (200) feet, and the minimum total area shall be ten (10) acres.
D.
The minimum area for a manufactured home site for parking one manufactured home shall be 3,500 square feet with no dimension less than forty (40) feet and with corners of each site visibly marked and numbered by a permanent marker.
E.
The manufactured home park shall contain at least 1,000 square feet per manufactured home for community facilities, including play space, utility rooms, parking, and access roads. Any service or utility building shall be located on a minimum lot of 10,000 square feet.
G.
Setbacks, buffer strips, and screening.
(1)
All manufactured homes shall be located at least twenty-five (25) feet from any park property boundary line on a public street.
(2)
All manufactured home parks shall be provided with screening, such as fences or natural growth along the property line bounding the development.
(3)
No manufactured home shall be parked closer than twenty-five (25) to any other manufactured home or service building, and no part of a manufactured home shall extend closer than five (5) feet to the boundaries of an individual manufactured home site.
H.
Off-street parking spaces for automobiles shall be provided in the ratio of two (2) spaces per manufactured home in locations convenient to individual manufactured homes or groups of manufactured homes.
I.
Service or utility buildings are permitted within the park for use as sanitary, postal, trailer supplies, manufactured home park office, convenience items, or laundry; provided, however, that all use of the facilities shall be designed solely for occupants of the park.
J.
All access roads, parking areas, and walkways shall be illuminated at night. Illumination shall not cast any glare beyond the perimeter of the development.
K.
Walks.
(1)
All manufactured home parks shall be provided with safe, convenient all-season pedestrian access of adequate width for the intended use, which shall be durable and convenient to maintain.
(2)
Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of five (5) feet parallel to the streets.
(3)
Individual walks. All manufactured home stands should be connected to common walks, streets, driveways, or parking spaces. Such individual walks shall have a minimum width of two (2) feet.
L.
Manufactured home lots.
(1)
Generally. The limits of each manufactured home lot should be marked on the ground by suitable means. The location of lot limits on the ground should be the same as shown on the final accepted site plans.
(2)
Manufactured home stands. The manufactured home stand shall be improved to provide adequate support for the placement and tie-down of the home. The stand shall not heave, shift, or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, or other forces acting on the structure.
(3)
Driveways. Improved driveways should be provided on lots where necessary for convenient access to mobile homes. The minimum width shall be ten (10) feet.
(4)
Parking spaces. The design criteria for automobile parking shall be based on two (2) parking spaces for each mobile home lot.
(5)
Outdoor living area. Each manufactured home lot should have an outdoor living and service area. Such areas should be improved as necessary to ensure reasonable privacy and comfort. The minimum area should not be less than three hundred (300) square feet with a dimension of fifteen (15) feet.
(6)
Accessory structures remain, as per the definition, dependent upon the manufactured home and shall not be used as complete independent living units with permanent provisions for sleeping, cooking, and sanitation. Such structures shall be erected, constructed, or occupied on a manufactured home lot as specified in this subsection:
(a)
Accessory structures shall be designed to enhance the appearance of the manufactured home park.
(b)
Accessory structures shall not obstruct required openings for light and ventilation of the manufactured home and shall not prevent the inspection of manufactured home equipment and utility connections.
M.
Manufactured home unit standards.
(1)
The unit should appear to have a permanent and continuous masonry or brick construction foundation. The permanent masonry or brick foundation shall be left exposed or skirted with other masonry or brick.
(2)
The unit is at least twenty (20) feet wide. For single-wide units, the width can be made up with a porch or carport addition of at least 2/3 of the length of the unit.
(3)
The unit has a gabled roof with a minimum pitch of 4/12.
(4)
The roofing material must be shingle or other conventional residential roof material.
(5)
The unit is constructed under the latest HUD Manufactured Home Construction and Safety Standard of 1976 and Public Safety Article, § 12-305, Annotated Code of Maryland, Industrialized Building and Manufactured Homes Act.
(6)
The unit must be manufactured after January 1, 2001, and comply with the amended National Manufactured Housing Construction and Safety Standards Act of 1974.
(7)
The tongue, axles, transporting lights, and removable towing apparatus must be removed before occupancy.
(8)
The unit must have a permanent landing and steps with handrails at each exterior doorway.
N.
Community maintenance standards.
(1)
The owner or manager of the manufactured home park shall provide adequate supervision to maintain the park in compliance with this Article and keep its facilities and equipment in good repair and clean and sanitary condition.
(2)
The owner or management shall notify the park residents of all applicable provisions of this Article and inform them of their duties and responsibilities under this Article.
(3)
The owner or management shall supervise the placement of each manufactured home on its lot, which shall include securing its stability and installing all utility connections.
(4)
The owner or management shall maintain a register containing the names of all park residents, identified by lot number or street address. Such register shall be available to any authorized person inspecting the park.
(5)
The resident shall comply with all applicable requirements of this Article and shall maintain his manufactured home, lot, and its facilities and equipment in good repair and clean and sanitary condition.
(6)
The resident shall be responsible for the proper placement of each manufactured home on its lot, which shall include securing its stability and installing all utility connections following the owner's or management's instructions.
§ 128-97 Manufactured home subdivisions.
The following regulations shall apply to manufactured home subdivisions in any district where manufactured home subdivisions are permitted:
A.
Access to the manufactured home subdivision shall be from a major collector street or arterial street, and all access drives shall be controlled to facilitate traffic movement, minimize traffic hazards, and protect surrounding properties.
B.
Any interior access drives shall be as specified in the Denton Department of Public Works Standard Specifications and Details for Public Works Construction.
C.
Site plan and design standards for manufactured home subdivisions.
D.
The minimum lot size for a manufactured home shall conform in all respects to the minimum lot size for a single-family dwelling for the zone in which the subdivision is located.
E.
All interior access drives shall be privately owned and maintained by the owner/operator of the manufactured home subdivision. The minimum structure setback from internal access drives is twenty-five (25) feet.
F.
Adequate sanitary facilities shall be required for the development, including a water supply system for fire protection.
G.
All utilities, including but not limited to electric, cable television, and telephone lines, shall be placed underground.
H.
A manufactured home subdivision shall be enclosed on all sides with a permanently maintained natural or artificial barrier/buffer, such as a sight-obscuring wall or fence or a continuous opaque buffer of trees or shrubs at least six (6) feet tall. The Planning Commission may also increase all or part of the perimeter buffer requirement if it is in the best interest of the surrounding neighborhood. Structures that meet this standard may be located within the required perimeter structure setback.
J.
All access roads, parking areas, and walkways shall be illuminated at night. Illumination shall not cast any glare beyond the perimeter of the development.
K.
Refuse collection areas shall be screened from the public.
L.
Pedestrian walkways shall be required to connect manufactured home sites with parking areas, park facilities and recreation, and open space areas.
M.
Walks.
(1)
All manufactured home subdivisions shall provide safe, convenient, all-season pedestrian access of adequate width for the intended use, which shall be durable and convenient to maintain.
(2)
Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of five (5) feet and shall be parallel to the streets.
N.
Manufactured home unit standards.
(1)
The unit should appear to have a permanent and continuous masonry or brick construction foundation. The permanent masonry or brick foundation shall be left exposed or skirted with other masonry or brick.
(2)
The unit is at least twenty (20) feet wide. For single-wide units, the width can be made up with a porch or carport addition of at least 2/3 of the length of the unit.
(3)
The unit has a gabled roof with a minimum pitch of 4/12.
(4)
The roofing material must be shingle or other conventional residential roof material.
(5)
The unit is constructed under the latest HUD Manufactured Home Construction and Safety Standard of 1976 and Public Safety Article, § 12-305, Annotated Code of Maryland, Industrialized Building and Manufactured Homes Act.
(6)
The unit must be manufactured after January 1, 2001, and comply with the amended National Manufactured Housing Construction and Safety Standards Act of 1974.
(7)
The tongue, axles, transporting lights, and removable towing apparatus must be removed before occupancy.
(8)
The unit must have a permanent landing and steps with handrails at each exterior doorway.
(9)
Minimum manufactured home gross floor area: six hundred (600) square feet.
O.
Every manufactured home and all enclosed extensions or structural additions shall be installed upon an approved anchor tie-down system and securely anchored to prevent the home from shifting or overturning. Some opaque skirting shall suitably hide the undercarriage of every manufactured home.
P.
Manufactured homes may not be used exclusively for storage purposes.
Q.
One accessory building is permitted for each manufactured home. Such building shall be located on the individual manufactured home site and shall not exceed exterior dimensions of twelve (12) feet by twelve (12) feet and shall not exceed ten (10) feet in height.
R.
Retail manufactured home sales lots are prohibited within a manufactured home subdivision.
S.
Recreational vehicles shall not be occupied as living quarters within the subdivision.
§ 128-98 Townhouses.
The following regulations shall apply to townhouses in any district where townhouses are permitted:
A.
The townhouse building shall comply with the minimum lot requirements contained in this chapter. Still, each dwelling unit of a townhouse need not be located on a lot complying with minimum lot area per family requirements in the Table of Density and Dimensional Regulations, § 128-127, provided the average for all dwelling units in the building equals or exceeds the minimum requirements and provided no lot is created with lot area less than 2,000 square feet, exclusive of a parking lot area. (Refer to Subsection G of this section.)
B.
Lot frontage, measured at a building line, for individual townhouse dwelling units may be reduced to not less than eighteen (18 feet). Lot width for end units shall be adequate to provide required front and side yards.
C.
For the side yard regulations, a townhouse building shall be considered one building on one lot with side yards required for end units only, per the Table of Density and Dimensional Regulations, § 128-127. Any side yard adjacent to the line of a lot occupied by a detached single-family dwelling or a single-family residential district shall not be less than twenty-five (25) feet.
D.
No detached garage, carport, or other detached accessory building over 120 square feet shall be permitted on a lot occupied by a townhouse; however, common space may be set aside on the site for a shared storage facility for the use of individual complex residents not to exceed 120 square feet per unit. Townhome common storage facilities must be for residential storage only and be incorporated into the overall site design.
E.
Not more than six (6) dwelling units shall be included in any one townhouse building. The Planning Commission may permit more than six (6) dwelling units in four-story townhouse buildings.
F.
Provision satisfactory to the Town and provided by the Town Attorney shall be made to ensure that nonpublic areas for the common use and enjoyment of occupants of townhouses, but not in individual ownership by such occupants, shall be maintained satisfactorily without expense to the general public.
G.
Required off-street parking shall be provided on the lot or within one hundred (100) feet of the lot.
H.
A site plan complying with the requirements of this chapter shall accompany an application for approval of a townhouse development.
J.
In addition to the preceding, four-story townhouses are subject to the following:
(1)
Not more than four units may be stacked, and townhouse buildings may not exceed 60 feet in building height,
(2)
Space above the first four floors may not contain living space. This upper zone can be utilized for essential building features such as structural supports, mechanical equipment, or decorative architectural elements, including pitched roofs that can enhance the aesthetic appeal of the units.
(3)
An interior garage parking space may occupy the first floor of any townhome building.
(4)
Setbacks and/or buffer screening may be required adjacent to residential units of three stories or less.
§ 128-99 Outdoor storage.
Outdoor storage (where permitted) in districts must meet the following requirements:
A.
Outdoor storage is limited to 10% of the existing lot, excluding existing buildings. The Planning Commission may increase the total area for outdoor storage up to 25% of the total site area where it finds that the size of the lot and its location (e.g., a large lot located in an industrial park) warrants an increase.
B.
The outdoor storage area(s) must be surrounded by an opaque, uniformly finished fence or wall seven (7) feet tall.
C.
Such wall or fence shall be maintained in good order; advertisements are prohibited thereon.
D.
The items stored within the wall or fence shall not exceed, or be stacked to exceed, seven (7) feet in height.
E.
Storage of cars and trucks within walled or fenced storage areas used in connection with the permitted trade or business onsite is permitted in the GC and RHC districts. Storage of heavy equipment is prohibited.
F.
In the I and MI Districts, storage of cars, trucks, and heavy equipment used in the trade or business is permitted within the fences or walls.
§ 128-100 Farm animals.
A.
Horse stables.
(1)
Horse stables for personal pleasure shall be permitted only when the property on which they are located has a minimum of three (3) unconstrained acres (without steep slopes, wetlands, or other environmental constraint) and a stable setback minimum of 250 feet from the front property line and all neighboring residences. One horse or pony is permitted per three (3) unconstrained acres.
(2)
Commercial or private stables and riding stables shall be permitted, provided that the lot area is twenty (20) unconstrained acres or more (without steep slopes, wetlands, or other environmental constraint) and that any buildings for keeping of animals shall be located at least 200 feet from any side or rear lot lines, and that there shall be housed on the premises no more than one horse or pony for each unconstrained acre of land.
B.
Chickens within the Town of Denton. Keeping chickens is subject to conditions required by the Planning Commission and subject to the following:
(1)
No person shall keep chickens within the Town without obtaining approval from the Town of Denton Planning Commission and a license from the Denton Planning and Codes Department. Only owner-occupied single-family residences will be allowed to be licensed to keep chickens.
(2)
The property owner shall register the chickens through the Maryland Poultry Premises Registration Program and provide the Town with an annual copy of such registration.
(3)
A maximum of four (4) chickens are to be kept for personal household enjoyment only; no selling of eggs or any by-products is allowed—no roosters, crowing hens, breeding, or hatching of chickens allowed.
(4)
The property shall be a minimum of 10,000 square feet. An area in the rear yard up to two hundred (200) square feet shall be fenced to prevent predation unless the rear yard is already fenced or the property owner demonstrates that a coop or covered enclosure that serves the same purpose will be installed.
(5)
All coops and enclosures must be located in rear yards only and a minimum of twenty (20) feet from neighboring property line(s). No coops or enclosures are allowed within the 100-foot Critical Area Buffer or similar environmental buffer.
(6)
All chickens must be secured in a coop or covered enclosure at all times; no free roaming is allowed.
(7)
Coops and enclosures to be a minimum of four (4) square feet per bird, with a maximum total allowable footprint of forty (40) square feet. Coops and enclosures shall not exceed six (6) feet in height above grade.
(8)
All coops shall be elevated, constructed, and maintained in a manner that is free from all odors and to prevent rodents from being harbored underneath, within, or within the walls of the enclosure. All feed is to be secured in rodent- and predator-proof containers.
(9)
All coops or enclosures shall be kept in a clean and sanitary condition at all times, and the owner of an enclosure shall, as often as is necessary, remove the accumulations of manure or other excreta to prevent the same from attracting flies or rodents, becoming a public nuisance or health concern.
(10)
The property owner is responsible for disposing of manure or other excreta in an approved manner. Composting is allowed in sealed containers at least twenty (20) feet from adjoining properties; no ground composting is allowed. Manure, excreta, litter, or carcasses shall not be disposed of in the household waste. No composted material may be applied in the 100-foot Critical Area Buffer or stream buffers.
(11)
No person may slaughter chickens in the Town of Denton.
(12)
If at any time it appears that the keeping of chickens creates a nuisance, the Town's Code Enforcement Officer will issue a written warning outlining the consequences and fines per Resolution No. 861 if another infraction occurs.
(13)
Upon the fourth infraction within twelve (12) months, the license to keep chickens will be revoked, fines will be levied as outlined in the fee schedule, and an order for the owner to abate the nuisance and/or remove the chicken(s) from the Town of Denton. If the owner fails to abate the notice within seven days, the Town's Code Enforcement Officer may summarily remove the chickens and abate the nuisance at the owner's expense.
(14)
If an owner has had a license revoked, no new license will be issued for five (5) years.
(15)
The Town of Denton Code reserves the right to at least two unannounced inspections yearly and any other inspections as required if complaints arise.
(16)
The Mayor and Council shall establish the fees for licensing and violations from time to time by duly adopted resolution.
§ 128-101 Commercial greenhouses and nurseries.
A.
Commercial greenhouses and nurseries shall be permitted, provided that no structure shall be closer than one hundred (100) feet to all property lines and adequate onsite parking exists.
B.
Commercial greenhouses and nurseries for growing cannabis may only be permitted in the (I) Industrial District.
§ 128-102 Hospitals or clinics for large or small animals.
A.
Hospitals or clinics for animals that include large animals shall be located at least two hundred (200) feet from any lot lines.
B.
Any treatment rooms, cages, pens, or kennels shall be maintained within a completely enclosed building and operated and maintained in such a way as to produce no objectionable odors or sounds outside the walls.
C.
Disposal of medical waste shall be through approved, safe means and shall be separate from regular trash disposal.
§ 128-103 Home occupations.
The Town recognizes some citizens' desire and/or need to use their residence for business activities to reduce travel and provide another economic development tool. It also recognizes the need to protect the surrounding areas from the adverse impacts generated by these business activities. Home occupations are the accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site. The use is incidental and secondary to the use of the dwelling for residential purposes. It shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
A.
Description of Type 1 and Type 2 Home Occupation. There are two types of home occupations. Type 1 and Type 2 uses are allowed as home occupations only if they comply with this Ordinance's requirements.
(1)
Type 1. A Type 1 home occupation is one wherein the residents use their home as a place of work; however, no employees or customers come to the site. Examples include, but are not limited to, artists, craftspeople, writers, and consultants. Type 1 home-based businesses also allow a home to be used as a business address but not as a place of work.
(2)
Type 2. A Type 2 home occupation is where employees or customers/clients come to the site. Examples are counseling, tutoring, and other such instructional services.
(3)
The Zoning Administrator shall determine whether or not a proposed home occupation is a Type 1 or Type 2 home occupation.
(4)
A Type 1 home occupation is permitted in all districts without a permit.
B.
The Planning Director shall issue a specific letter of confirmation for Type 2 home occupation that conforms to the following minimum requirements.
C.
All proposed home occupation uses, including the expansion or replacement of an existing use or structure, shall conform to the performance standards below and all other applicable laws and regulations of the county, State, and federal government.
(1)
The home occupation and its associated structures shall conform to all applicable standards for the zoning district.
(2)
The home occupation shall not cause the residential appearance or character of the premises to differ from the surrounding residential area. Home occupations shall not be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic, or any other nuisance not typically experienced in the zoning district in which the property is located.
(3)
No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences.
(4)
Signs shall be limited to one permanent, nonilluminated sign of not more than four (4) square feet. Signs shall conform to the signage provisions of this chapter.
(5)
No outside storage or material, goods, supplies, or equipment related to the operation of the home occupation shall be allowed.
(6)
Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of the home occupation. Items shall not be purchased off-site for resale.
(7)
Any need for parking generated by the home occupation shall be off-street and in the side or rear yard of the structure. The Director of Planning shall determine the number of parking spaces required based on parking requirements for uses similar to those in this chapter.
(8)
No commercial vehicle shall be used in connection with the home occupation for delivery of goods to or from the premises or parked on the property. This provision does not preclude the delivery of mail or packages by the Postal Service or by private or public shipping and courier services.
(9)
Home occupations that attract customers, clients, or students to the premises shall not be allowed in multifamily dwelling units.
§ 128-104 Childcare establishments.
Childcare establishments, wherever permitted, shall comply with the following:
A.
Applicants shall be licensed by the State and comply with applicable State regulations
B.
A family childcare shall not have more daycare children than the number that appears on the certificate of registration issued by the Maryland State Department of Education of Child Care. A copy of the license must be provided to the Department of Planning and Codes.
C.
Family childcare providers are required to file an administrative site plan application with the Department of Planning and Codes for approval prior to operating the child daycare.
D.
Daycare establishments shall provide appropriate fencing or other safeguards to protect children when outdoors, as may be required by the approving authority.
§ 128-105 Health clinics.
Health clinics less than 10,000 square feet of gross floor, where permitted, are subject to the following:
A.
Disposal of waste shall be through approved, safe means and shall be separate from regular trash disposal.
B.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, shall be permitted as part of the clinic facility, subject to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited.
(2)
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
§ 128-106 Farm caretaker home.
A farm caretaker home shall comply with all of the following requirements.
§ 128-107 Neighborhood centers.
Neighborhood centers, where permitted, shall comply with the following:
A.
Commercial uses in neighborhood centers shall be 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 or Board of Appeals.
B.
Residential units may be included in commercial structures, e.g., apartments over storefronts.
C.
The amount and scale of commercial development in neighborhood centers do not significantly diminish the economic viability of established commercial areas and do not detract from the character or livability of the neighborhood. The size of individual neighborhood center commercial buildings shall be limited to no more than 3,000 square feet of gross floor area.
D.
Neighborhood centers containing commercial uses shall be separated by at least 1/4 mile unless the neighborhoods have sufficient population to make both centers economically viable or comprise distinct trade areas.
E.
Neighborhood centers shall be located and oriented to avoid glare, noise, aesthetics, and traffic impacts for nearby residents.
F.
The scale, design, and exterior materials of commercial structures in neighborhood centers shall be compatible with surrounding residential structures.
G.
The primary entrance to commercial uses shall be oriented to the street, and the secondary entrance to the parking lot unless another arrangement provides better access from the neighborhood.
H.
Commercial and service buildings in neighborhood centers shall be located at or very near the sidewalk edge, with direct access along the street frontage.
I.
Parking spaces for the businesses at neighborhood centers shall be provided both on-street and behind the buildings.
J.
The backside of neighborhood centers shall be designed to be inviting to pedestrians and provide direct access to the neighborhood.
§ 128-108 Multifamily housing and apartments.
B.
Apartments. When more than one apartment building is built, no building shall be closer than twenty-five (25) feet from any other apartment building.
C.
Multifamily buildings: condominiums, townhomes, duplexes, and mixed-use buildings with separate ownership of roof structures and shingles must be designed and built with a vertical plane delineating the roofline of each unit. The roofs shall not be on a common plane without being divided by a parapet or an approved preformed vertical metal flashing with a minimum of 1-inch rise and 8-inch horizontal extensions installed from eave to ridge. Roofs designed with a minimum 6-inch step would also meet the delineation requirements.
D.
The following are exempt from § 128-108C:
(1)
Any multifamily building in a condominium regime that establishes roof structures and shingles as a common element to be repaired or replaced as a common expense.
(2)
Any multifamily building containing townhouses or duplexes whose roof structures and shingles are to be repaired or replaced by a homeowner's association as a common expense of the owners of the townhouses or duplexes as provided in a recorded declaration of covenants and restrictions.
§ 128-109 Adult-oriented businesses.
A.
Viewing booths and live viewing booths are prohibited in all zoning districts.
B.
In addition to any buffer, bufferyard, setback, or other design criteria generally applicable to permitted uses in the Industrial Zoning Districts, an adult-oriented business must meet the following setback criteria:
(1)
The closest portion of a building or structure in which an adult-oriented business is located shall not be within 1,000 feet of the boundary of any parcel of land that is zoned residentially.
(2)
The closest portion of a building or structure in which an adult-oriented business is located shall not be within 1,000 feet from the boundary of any parcel of land containing a school, place of worship, park or recreation facility, daycare center, or daycare home.
(3)
For this section, measurement shall be made in a straight line without regard to intervening structures or objects.
C.
An adult-oriented business shall provide or cause to be provided, for all exterior areas, including, but not limited to, parking lots or areas, loading docks, and sidewalks, sufficient lighting to illuminate the exterior areas of the business to an illumination level of not less than two footcandles and shall be equipped with video surveillance cameras that monitor the exterior portions of the premises from a management station located within the business.
D.
An adult-oriented business may not erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
E.
An adult-oriented business must post appropriate signage prohibiting parking at the premises for persons other than patrons of the business and prohibiting the use of the exterior of the premises for other than ingress, egress, parking, and solid waste deposit/processing for bona fide employees and patrons of the business.
F.
In the case of adult-oriented businesses other than adult book or video stores, and to the extent not regulated under the Annotated Code of Maryland (or successor provisions thereof), said businesses shall be constructed and maintained in such manner that the conduct, promotion, delivery, provision, or performance of adult entertainment or material is not visible in any way or manner, or to any degree, from outside the building.
G.
No adult-oriented business may be conducted on the same parcel as, in the same building as, or in conjunction with any hotel, motel, motor court, motor hotel, lodge, inn, bed-and-breakfast facility, boardinghouse, or in any structure or portion thereof not generally open to the public and freely accessible to patrons at all times.
H.
An adult-oriented business shall not have displayed on or about the exterior of any building in, or premises on, which an adult-oriented business is located any sign, advertisement, or depiction visible to the general public, wherever located, containing any adult-oriented entertainment or material.
§ 128-110 Farmers' markets.
A.
All farmers' markets and their vendors shall comply with all federal, State, and local laws relating to the operation, use, and enjoyment of the market premises.
B.
All farmers' markets and their vendors shall obtain all required operating and health permits, and these permits (or copies) shall be in the possession of the farmers' market operator or the vendor, as applicable, on the site of the farmers' market during all hours of operation.
C.
All farmers' markets shall have a representative of the operator authorized to direct the operations of all vendors participating in the market on the site during all hours of operation.
D.
All farmers' markets shall establish and maintain rules of operation governing the eligibility of vendors, products that may be sold, the conduct of vendors, setup of the market, etc.
§ 128-111 Cottage Housing Development (CHD).
A.
The following definitions shall apply to this subsection.
(1)
Cluster - A group of four (4) to twelve (12) cottages arranged around a shared open space.
(2)
Common open space - An area improved for passive recreational use or gardening. Shared open spaces must be owned and maintained through a homeowners' or condominium association or similar mechanism.
(3)
Cottage - A single-family detached dwelling unit part of a cottage housing development.
(4)
Cottage Housing Development - A cluster of four (4) to twelve (12) cottages developed under a single master land development plan or as part of another land development plan.
(5)
Footprint - The gross floor area of a cottage's ground-level story.
B.
Minimum Land Area. The minimum land area shall be one (1) acre.
E.
Community Assets.
(1)
Common open space. Each cluster of cottages shall provide common open space as provided in Article XII Common Open Space. In addition:
(a)
Each cluster of cottages shall have a common open space to provide residents with a sense of openness and community.
(b)
Each common open space area shall be in one continuous and usable piece.
(c)
To be considered part of the minimum open space requirement, an area of common open space must have a minimum dimension of twenty (20) feet on all sides.
(d)
The common open space shall be at least three thousand (3,000) square feet in area, regardless of the number of units in the cluster.
(e)
Required common open space may be divided into no more than two separate areas per cluster.
(f)
At least two sides of the common open area shall have cottages along its perimeter.
(g)
Parking areas, yard setbacks, private open spaces, and driveways do not qualify as common open spaces.
F.
Ownership.
(1)
Community buildings, parking areas, and shared open spaces shall be owned and maintained by the residents through a condominium association, a homeowners' association, or a similar mechanism. They shall not be dedicated to the Town.
(2)
Ownership documents shall be reviewed and approved by the Town Attorney.
G.
Design.
(1)
Cottage Size.
(a)
The gross floor area of each cottage shall not exceed 1,200 square feet.
(b)
Cottage areas that do not count toward the gross floor area or footprint calculations are:
(i)
interior spaces with a ceiling height of six feet or less, such as in a second-floor area under the slope of the roof;
(ii)
basements;
(iii)
architectural projections—such as bay windows, fireplaces, or utility closets—no greater than twenty-four (24) inches in depth and six (6) feet in width;
(iv)
attached unenclosed porches; and
(v)
garages or carports;
(2)
Unit Height. The maximum height of cottage housing units shall be twenty-six (26) feet.
(3)
Orientation of Cottages.
(a)
Each dwelling unit shall be clustered around a shared open space. Each unit shall have a primary entry and covered porch oriented to the common open space.
(b)
Lots can abut either a street or an alley.
(c)
Each unit abutting a public street (not including alleys) shall have a facade, secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street.
(4)
Cottage Setbacks.
(b)
Cottages shall be no more than twenty-five (25) feet from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.
(c)
No part of any structure in the CHD (including but not limited to cottages, parking structures, and community buildings) shall be more than one hundred fifty (150) feet, as measured by the shortest clear path on the ground, from fire department vehicle access.
(6)
Basements. Cottages may have basements.
H.
Parking.
(1)
Minimum Number of Off-Street Parking Spaces.
(a)
Units up to seven hundred (700) square feet: one (1) space per dwelling unit.
(b)
Units 701-1,000 square feet: One and a half (1.5) spaces per dwelling unit, rounded up to the whole number.
(c)
Units with more than one thousand (1,000) square feet: two (2) spaces per dwelling.
(d)
Additional guest parking shall be included. A minimum of one-half (0.5) guest parking spaces per dwelling unit, rounded up to the whole number, shall be provided for each cottage cluster. Guest parking may be clustered with resident parking; however, the spaces shall include clear signage identifying them as reserved for visitors.
(e)
The requirement for off-street parking may be waived or reduced by the Planning Commission if sufficient on-street parking is available.
(2)
Parking Design.
(a)
Parking shall be separated from the common area and public streets by landscaping and/or architectural screening. Solid board fencing shall not be allowed as an architectural screen.
(b)
Parking areas shall be accessed only by a private driveway or a public alley.
(c)
The design of garages and carports, including rooflines, shall be similar to and compatible with the cottage units.
(d)
Parking areas shall be limited to five (5) contiguous spaces.
K.
Project Plan Application and Approval.
(1)
Information: The following must be submitted as part of the application. This information must be presented on plans of professional quality.
(a)
A tabulation of the total acreage of the site and the percentages to be designated for various uses, i.e., parking, residential units, open space or shared space, streets, etc.
(b)
The proposed circulation pattern includes private driveways, public and private streets, and pedestrian paths.
(c)
Parks, shared open spaces, playgrounds, and other public or private recreation facilities and improvements proposed within the project.
(d)
Project plan; general location of all dwellings and other structures.
(e)
Typical exterior design is presented as exterior perspectives or elevations for all building types.
(f)
Conceptual landscaping plans showing all plant material's types, sizes, and locations.
(g)
The dimensional parking layout shows the location of individual parking stalls and all areas of ingress or egress.
(h)
Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan in the manner presented.
(2)
The Planning Commission will review the application to determine if it is complete or requires additional information. The Planning Commission will post the property and conduct a public hearing on the application following the provisions of Article XVII of this Ordinance if it is complete.
(3)
Planning Commission Review: The Planning Commission may approve, approve with conditions, or deny the application. In granting such approval, the Planning Commission may impose specific conditions as site development, phasing, and building construction or maintenance and operation as it deems necessary to protect the health, safety, and welfare of the Town's residents.
M.
Variations to Zone Permitted.
(1)
The Planning Commission may permit variations from the development standards of the existing zone, provided the variations are expressly approved and adopted as part of the approved development plans and other supporting documents.
(2)
Variations shall not include changes in the permitted uses allowed by the zone except to the extent set forth herein.
§ 128-112 Drive-through and drive-in facilities.
B.
Applicability. The regulations apply to new developments, the addition of drive-through and drive-in facilities to existing developments, and the relocation of existing drive-through facilities.
C.
Stacking spaces required. Stacking lanes must be provided in accordance with the minimum requirements of Table C.
Table C: Stacking Space Requirements | |
|---|---|
Use | Minimum Number of Stacking Spaces Required |
Bank/financial institution | 4 spaces per drive-through lane |
Car wash | 2 spaces per approach lane, plus 2 drying spaces at the end of each bay |
Vehicle repair/maintenance | 2 per service bay |
Gasoline pump | 2 spaces per pump per side, including spaces at the pump |
Restaurant, drive-thru | 8 total spaces, with at least 3 spaces between the order and pick-up station |
Other | 3 spaces per lane, ordering station, or machine |
D.
Stacking lane dimensions, design, and layout.
(1)
Stacking lanes must be designed so that they do not interfere with parking movements or safe pedestrian circulation. Stacking lanes must have a minimum width of ten (10) feet. Spaces are calculated based on a width of 8.5 feet and a depth of 18 feet.
(2)
All stacking lanes must be identified through such means as striping, pavement design, curbing, and/or signs approved by the Planning Commission.
E.
Setbacks. Stacking lanes must be set back at least twenty-five (25) feet from any abutting residential zoning district and at least ten (10) feet from all other lot lines.
F.
Noise. Sound attenuation walls, landscaping, or other mitigation measures may be required to ensure that drive-through facilities will not have adverse noise-related impacts on nearby residential uses.
G.
Site plans. Site plans must show the location of drive-through windows and associated facilities, e.g., communications systems and access aisles, as well as adjacent residential uses. Plans also shall show how drive-through windows are identified, e.g., signage, pavement markings, etc.
§ 128-113 Cannabis Enterprises.
A.
Cannabis enterprises involving only retail sales and not including on-site consumption are permitted by conditional use in the following districts: the Regional Highway Commercial (RHC) District, the Central Business Commercial (CBC) District, and the Planned Neighborhood (PN) District. Cannabis enterprises involving only retail sales, not including on-site consumption, are permitted by special exception in the General Commercial ("GC") District. Cannabis enterprises involving growing, processing, transport, packaging, warehousing, and the like are permitted in the Industrial (I) District. All cannabis enterprises are subject to the following conditions:
(1)
The State of Maryland licenses the enterprise.
(2)
No cannabis dispensary, as defined by Title 36 of the Alcoholic Beverages and Cannabis Article of the Maryland Annotated Code, may be located within five hundred (500) feet of a pre-existing school, licensed childcare center, registered family childcare home, playground, recreation center, library, public park, or place of worship.
(3)
No cannabis dispensary, as defined by Title 36 of the Alcoholic Beverages and Cannabis Article of the Maryland Annotated Code, may be located within one-half mile of any other licensed cannabis dispensary.
(4)
No cannabis dispensary, as defined by Title 36 of the Alcoholic Beverages and Cannabis Article of the Maryland Annotated Code, may be located within one hundred (100) feet of an area zoned for residential use.
§ 128-114 Qualified Projects Developed by Nonprofits.
The Board of Appeals may approve a special exception in any zoning district, except the RA District, for a qualified project controlled by a § 501(C)(3) nonprofit that has been designated as such for at least 3 years, subject to the following:
A.
"Controlled by" in this application means a business structure in which the nonprofit organization is a managing member, general partner, or otherwise controlling entity with a for-profit member or partner, as demonstrated by an attorney licensed in Maryland.
B.
The "qualified project" under this section meets all of the following three criteria:
(1)
The project consists of a new construction or substantial renovation. Substantial renovation means the project meets the criteria outlined within DHCD's Multifamily Rental Financing Program Guide, including the following:
(2)
The project is on land, including land that is subject to a ground lease, that is either (a) wholly owned by a nonprofit organization or (b) includes improvements owned by an entity that a nonprofit organization controls.
(3)
The project is deed-restricted to include twenty-five (25%) percent of units that are affordable dwelling units for Caroline County for at least forty (40) years.
D.
Qualified projects developed by nonprofits in the MR Residential district and the PN Planned Neighborhood Development floating zone.
(1)
A qualified project shall have a density limit that exceeds 30% of the density otherwise allowed in the MR District.
(2)
In the MR Residential District, the Board of Appeals may vary other development standards, e.g., height, setback, bulk, parking, loading, dimensional, area, or other requirements, if such limitations or requirements are demonstrated to be unreasonable. An unreasonable limitation or requirement is one that an applicant demonstrates amounts to a de facto denial of the project by having a substantial adverse impact on either (a) the viability of an affordable housing development in a qualified project, (b) the degree of affordability of units in a qualified project; or (c) the allowable density or number of units of the qualified project.
(3)
In the PN Planned Neighborhood Development floating zone, the approved PUD Master Plan and Design Guidelines shall include flexible development standards for qualified projects developed by nonprofits to ensure the feasibility of an affordable housing development and the degree of affordability of units. The achievable density shall be six (6) dwelling units per acre or more.
E.
Qualified projects developed by nonprofits in the CBC, CM, GC, RHC, MI, and I Districts.
(1)
May include detached single-family, duplex, triplex, quadplex, cottage cluster, or townhouse units.
(2)
Height, area, and bulk requirements for the MR district outlined in § 128-127 shall apply subject to a public health assessment approved by the Maryland Department of Housing and Community Development.
(3)
The Board of Appeals may vary other development standards, e.g., height, setback, bulk, parking, loading, dimensional, area, or other requirements, if such limitations or requirements are demonstrated to be unreasonable. An unreasonable limitation or requirement is one that an applicant demonstrates amounts to a de facto denial of the project by having a substantial adverse impact on either (a) the viability of an affordable housing development in a qualified project, (b) the degree of affordability of units in a qualified project; or (c) the allowable density or number of units of the qualified project.
§ 128-115 Multifamily Units in the UR District.
A.
The Planning Commission may approve a building height exceeding 40 but not exceeding 60 feet if it determines that such additional height is compatible with the surrounding neighborhood and will not adversely affect public health, safety, or welfare.
B.
Not more than four floors of living space may be stacked.
C.
Space above the first four floors may not contain living space. This upper zone can be utilized for essential building features such as structural supports, mechanical equipment, or decorative architectural elements, including pitched roofs that can enhance the aesthetic appeal of the units.
D.
In reviewing applications for multifamily dwellings exceeding 40 feet in height, the Planning Commission shall consider the following factors:
(1)
Neighborhood character: How well the proposed building fits in with the existing neighborhood in terms of building heights, styles, and Density.
(2)
Building design: The design, size, and overall shape of the proposed building in comparison to surrounding buildings.
(3)
Impacts: The potential effects of the building on traffic, parking availability, and the need for public services (like water, sewer, and schools).
(4)
Open Space: Whether the development includes enough open space and recreational areas for residents.
(5)
Effects on neighbors: Whether the building will cast excessive shadows or have other negative impacts on nearby properties.
E.
The Planning Commission may also consider the potential for the proposed development to contribute to the availability of affordable or workforce housing in the community.
§ 128-116 Urgent Care Facilities.
Approval of urgent care facilities is subject to the following conditions:
A.
Site Access for Emergency Vehicles.
(1)
Direct Access: The facility must have direct access from a public street, preferably a major thoroughfare, to ensure rapid response times for emergency vehicles.
(2)
External Access: The minimum width of primary access lanes connecting the public street to the facility is 24 feet.
(3)
Internal Access: The layout shall ensure unobstructed passage, adequate room for turns, and avoid tight corners or obstacles.
(4)
Designated Staging Area: A dedicated parking or staging area for emergency vehicles, separate from patient and staff parking, must be provided. This area should be at least 300 square feet to accommodate one ambulance.
(5)
Signage and Lighting: Clear, visible signage must be installed at the facility's entrance and along access routes to guide emergency vehicles.
B.
Traffic Impact and Management.
(1)
Traffic Study Requirement: The applicant must submit a traffic impact study.
(2)
Study Objectives: The study must evaluate the facility's effect on local traffic patterns and demonstrate that the facility will not cause congestion or delay emergency response times, particularly during peak hours.
(3)
Internal Access Verification: The study must verify that the internal access ways provide for the safe and efficient operation of emergency vehicles.
(4)
Mitigation Measures: If the study identifies potential congestion, the applicant must implement mitigation measures, such as additional turning lanes or traffic calming devices, as approved by the Denton Planning Commission.
C.
Emergency Preparedness and Internal Layout.
(1)
Emergency Plan: The applicant must submit a plan detailing procedures for handling emergencies, including coordination with local fire, police, and ambulance services. The plan should outline protocols for patient transfer to hospitals if needed.
(2)
Internal Layout: The facility's internal layout must meet applicable standards or guidelines to facilitate patient movement and evacuation during emergencies.
D.
Signage and Visibility.
(1)
Emergency Signage: Signs indicating the emergency entrance must be at least 2 feet by 2 feet and use reflective materials for visibility. This emergency signage does not count against other permitted signage.
(2)
Wayfinding: Internal and external wayfinding signs must guide emergency personnel to critical areas, such as treatment rooms or exits, enhancing operational efficiency. This emergency signage does not count against other permitted signage.
(3)
Lighting Standards: Exterior lighting must provide uniform illumination across access routes and parking areas, with no dark spots that could hinder emergency operations, ensuring safety for both standalone and in-building facilities.
E.
Review by Emergency Services.
(1)
Mandatory Review: The site plan and traffic impact study must be submitted to the Denton Fire Department and Caroline County Department of Emergency Management Agency for review. Approval is required to confirm compliance with emergency access and safety standards.
(2)
Feedback Incorporation: The applicant must address any concerns raised by emergency services, such as adjusting access routes or adding signage, before final approval, ensuring practical functionality.
F.
Demonstration of Site Appropriateness.
(1)
Site Suitability Analysis: The applicant must provide a narrative and site plan demonstrating the site's suitability for an urgent care facility. This narrative should address the following:
G.
Additional Considerations for Facilities in Existing Buildings.
(1)
Internal Layout Coordination: For facilities located within existing buildings, the internal layout must allow for efficient patient flow and emergency access without disrupting other tenants, including ensuring clear pathways to the facility's entrance.
(2)
Building Infrastructure: The applicant must verify that the building's infrastructure, including electrical, plumbing, and HVAC systems, can support the urgent care facility's operational needs.
(3)
Fire Safety Updates: The building's fire safety and emergency evacuation plans must be updated to include the urgent care facility, in coordination with the building owner or management, to ensure compliance with safety standards.
H.
Implementation.
(1)
Application Process: Applicants must submit a detailed site plan as provided in Article XVI, a traffic study, and an emergency plan as part of the zoning approval process.
(2)
Flexibility for Future Needs: The ordinance allows for minor modifications to the site plan (e.g., additional signage or layout adjustments) with administrative approval, provided they enhance emergency access or residential compatibility, accommodating both standalone and in-building facilities.