A.

The R-S (residential suburban) district is intended to promote the development of single-family residential neighborhoods on large lots free from land usage which might adversely affect such development. The R-S district is intended to provide for decreasing densities of development in the outlying areas away from the central business district of the town.

B.

The R-1 (low density) district is intended to encourage and promote the development of single-family residential neighborhoods free from land usage which might adversely affect such development. Such a district may incorporate large lot sizes in which the green space desired is entirely within the lot or it may encourage the formation of green space communities in which the lot sizes are made smaller and the area which results from the reduction of the area of each lot below the general standards for the district be provided and maintained as recreation areas to serve the needs of the residents of the development.

C.

The R-2 (medium density) district is intended to provide an attractive, pleasant living environment at a sufficient density to maintain a high standard of physical maintenance and community service. The district encourages the compact development and the optimum utilization of land appropriate for residential use by encouraging higher density green space communities while simultaneously leaving sloping areas, flood plains and other unbuildable areas open and available for recreational and athletic purposes.

D.

The R-3 (high density) district is intended to make the development of land, having natural and locational advantages, economically feasible by the variety of housing types, which continuing to encourage the provisions of the basic amenities of an attractive and safe residential environment. This district encourages green space communities and the increased density of all such developments, making their location at the edge of residential neighborhoods, and with good access to major highways, central shopping areas, schools, and other public facilities most essential.

(Prior code Art. XI (Art. V § intro))

Uses permitted in the R-S district are as follows:

A.

Single-family dwellings and home occupations in a single-family dwelling;

B.

School, libraries, museums, parks, playgrounds and community centers;

C.

Accessory buildings and uses;

D.

Home occupation;

E.

Place of worship.

(Ord. 04-21 (part): prior code Art. XI (Art. V § 0.5))

(Ord. No. 17-11, 9-5-17)

Uses permitted in the R-1 district are as follows:

A.

Single-family dwellings and home occupations in a single-family dwelling;

B.

Parks and playgrounds;

C.

Accessory buildings and uses;

D.

Planned unit developments;

E.

Antique shops, country inns and bed and breakfast facilities in historical structures subject to the following conditions:

1.

Such use is located within an existing structure which is listed on the Maryland Inventory of Historic Places or on the National Register of Historical Places,

2.

The structure is located on a lot with a minimum of two (2) acres,

3.

Parking is provided at a ratio of one parking space for each two hundred (200) square feet of floor area devoted to customer service,

4.

Business and advertising signs shall be in accordance with Chapter 17.38.

5.

Site plan approval by the planning commission is required;

F.

Home occupation.

G.

Family day care home licensed by the state.

H.

Private community center within a residential subdivision development, intended to serve that residential community.

(Ord. 04-21 (part): prior code Art. XI (Art. V § 1.0))

(Ord. No. 13-12, 11-18-13; Ord. No. 17-11, 9-5-17; Ord. No. 20-09, 10-5-20)

Uses permitted in the R-2 district are as follows:

A.

Any use permitted in the R-1 district;

B.

Duplex dwelling;

C.

Town Houses. Each town house having its own lot and each lot having only one family on it; or, town houses in condominium form of ownership;

D.

Home occupation.

(Ord. 04-21 (part): prior code Art. XI (Art. V § 2.0))

Uses permitted in the R-3 district are as follows:

A.

Any use permitted in the R-2 district;

B.

Multifamily dwellings such as duplexes, town houses, and apartments;

C.

Home occupation.

(Ord. 04-21 (part): prior code Art. XI (Art. V § 3.0))

Special exceptions in residential districts are as follows:

A.

Reserved.

B.

Boarding and lodging homes not primarily for transients, provided off-street parking of one and one-half spaces per boarder or lodger is provided and provided yard requirements shall conform to those of a multifamily structure (R-3 district only);

C.

Medical centers, rest and nursing homes, provided off-street parking space is provided for each attendant or worker and for each three patients to be cared for therein, and provided yard requirements shall conform to those of a multifamily structure;

D.

Laundry facilities located within a multifamily dwelling, for the use of residents of the apartment or apartment complex and not as a commercial enterprise (R-3 district only);

E.

The office of a resident physician, dentist, architect, engineer, attorney, similar professional person located in that person's home, or the operation of a beauty parlor or barber shop having one chair, provided:

1.

That there is no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling,

2.

That the construction does not produce a show window or display window effect,

3.

Only one person other than the owner may be engaged or employed,

4.

Sufficient off-street parking is provided with three spaces being considered minimal. Such parking shall be in the side or rear yard,

5.

The total area devoted to the office does not exceed thirty (30) percent of the square footage of the dwelling unit;

F.

Clubs, lodges, hospitals, and sanitariums (R-3 district only);

G.

Fire, rescue and ambulance direct operations facilities (facilities which are used to house trucks, ambulances and operations equipment) which may include, but must not be limited to, facilities for social/fund raising uses;

H.

In the R-1 and R-2 districts, senior housing may be developed under the special provisions outlined in this section. Senior housing limited to people fifty-five (55) years of age and older, provided that adequate seniors facilities are provided on-site or within one thousand (1,000) feet of the site. Minimum adequate seniors facilities are defined as (1) a meeting room available on a regular and substantial basis, (2) numerous senior activities and programs are available on a regular and substantial basis. The town council shall have the right of review and approval of all related covenants and homeowner's association documents. In any and all cases and situations, the minimum lot size shall be not less than two thousand (2,000) square feet per unit. Maximum density and/or unit yield shall be calculated by dividing the gross area of the site, less any flood plain areas, by the minimum lot size (R-1 = 12,000 sq. ft.), (R-2 = 8,000 sq. ft.) under the current or existing zoning and then multiplying by one and one-half.

(Ord. 05-17: Ord. 01-21: Ord. 01-14; prior code Art. XI (Art. V § 4.0))

(Ord. No. 13-11, 11-18-13)

Required lot area, lot width and yards in residential districts are as follows, with yard measurements taken from closest point of structure to the corresponding lot line:

(1)

Corner lots shall provide two front yards, and two side yards.

(2)

See Section 17.32.120

(3)

Exceptions to yard requirements are allowed for certain uses (chapter 17.40).

(4)

In the R-S residential district, developments of more than ten lots may have no more than forty (40) percent of the total number of lots from fifteen thousand (15,000) to twenty thousand (20,000) square feet in area.

(5)

Does not include street right-of-way or floodplain.

(6)

See Section 17.32.110 for detached garage or car canopy where lot width is thirty (30) feet or less as of September 1, 2011.

(7)

See Section 17.36.030 for residential detached garage or car canopy in village zone where lot width is thirty (30) feet or less as of May 1, 2012.

(Ord. 03-17: Ord. 03-11: prior code Art. XI (Art. VI § 5.0))

(Ord. No. 11-18, 10-17-11; Ord. No. 12-08, 5-21-12; Ord. No. 17-11, 9-5-17)

The purpose of this section is to provide minimum guidelines and standards for town house development to ensure the necessary amenities normally associated with such developments and to promote an acceptable layout and design which will foster a quality living environment. The provision of this section will apply to all town house developments in either R-2 or R-3 zoning districts.

A.

Density. The overall density shall not exceed one dwelling unit per six thousand (6,000) square feet or 7.26 units per acre of the net development area excluding floodplain and slopes of twenty-five (25) percent or more. Forty (40) percent of the difference in lot size and net land area per town house unit shall be allocated to the green space. Each town house lot shall be allocated to green space. Each town house lot shall be a minimum of one thousand six hundred (1,600) square feet.

B.

Lot Width and Setbacks. The minimum lot width for individual town house units is eighteen (18) feet. End units shall provide a minimum side yard setback of eighteen (18) feet. All units shall have a front yard setback of twenty-five (25) feet and a rear yard setback of thirty-five (35) feet. When adjacent to a street external to the development, the side yard setback shall be twenty-five (25) feet.

C.

Row Lengths and Design. There shall be no more than eight (8) town house units, nor less than three (3) town house units in a row. Rows shall be designed so that no more than two (2) attached town house units shall have the same front building line. The offset in building lines shall be no less than eighteen (18) inches.

D.

Off-street Parking Access. Off-street parking shall be provided at a ratio of 2.5 spaces per town house unit. Access drives to off-street parking areas may be private but must be constructed to town standards. All parking areas shall incorporate a turnaround design. The minimum aisle width between parking spaces shall be twenty-four (24) feet.

E.

Maintenance of Common Areas. If the town house development provides for common areas, properties or facilities, they shall be conveyed to an incorporated private nonprofit homeowners' association through which each lot owner is automatically a member subject to a charge of a proportionate share of common property maintenance. Such home owners' association agreements shall be reviewed by the town. Where the extent of the common areas is limited in size, they may be conveyed to the town subject to agreement of the town.

F.

Other Site Improvements. The town house development shall provide as necessary on-site improvements such as lighting, sidewalks, fire lanes, signing, landscaping, dumpster and recreational facilities to meet the needs of the development. The planning commission must approve the location and extent of all on-site improvements.

G.

Accessory Buildings. A one story accessory building may be located in the rear yard and shall be set back a minimum of six (6) feet from the rear property line and shall not occupy over ten (10) percent of the rear yard area.

(Ord. 92-9 § 1 (part); prior code Art. XI (Art. V § 5.1))

No building will exceed two and one half (2½) stories or thirty-five (35) feet in height, unless each side yard is increased over the required minimum by five (5) feet for every five (5) feet, or fraction thereof, of additional height over thirty-five (35) feet. In no case shall the building height exceed fifty (50) feet.

(Prior code Art. XI (Art. V § 6.0))

There shall be provided in the residential districts, adequate off-street parking and loading in accordance with the schedule in chapter 17.08.

(Prior code Art. XI (Art. V § 7.0))

In residential districts, accessory uses are detached one story accessory uses (such as a private garage, a private swimming pool and a garden or tool shed). Accessory structures may be placed in side or rear yards, but are not allowed in any front yard as defined in Section 17.04.020.

Accessory structures shall remain six feet from the side lot lines and six feet from the rear lot line, or in the case of a swimming pool, a distance equal to the maximum depth of the pool. Detached means not connected to the principal structure. Where the lot width existing as of September 1, 2001 is thirty (30) feet or less, an accessory structure less than one hundred fifty (150) square feet in size shall remain at least three feet from the side lot lines and six feet from the rear lot line.

A private detached garage, car canopy or structure one hundred fifty (150) square feet or larger shall remain six feet off the side and rear lot lines. In the case of a private detached garage, car canopy or structure one hundred fifty (150) square feet or larger, where the lot width existing as of September 1, 2001, is thirty (30) feet or less, the side setback requirement shall be a distance of at least six feet from one side lot line, and six feet from the rear property line.

Additionally, accessory structures must also meet the requirements listed below:

1.

No more than thirty (30) percent of the rear yard of a lot, as defined in Section 17.04.020, is allowed to be covered with accessory structures.

2.

Only one accessory structure on a lot may be built under the zero lot line setback as allowed for lots less than thirty (30) feet in width.

3.

All lots with accessory structures must demonstrate a clear and direct six foot path from the rear of the lot to the principal structure on the lot.

(Ord. 92-9 § 1 (part): prior code Art. XI (Art. V § 8.0))

(Ord. No. 11-21, 10-17-11; Ord. No. 16-01, 2-1-16)

A.

This section recognizes the existing lots and structures in the oldest part of town where homes abut each other, or where homes abut the side lot line.

B.

This section recognizes the zero-lot-line concept in the R-3 district.

C.

A dwelling may set on the side lot line provided:

1.

That it abuts a blank wall;

2.

That it forms a blank wall for the adjoining structure;

3.

The property owner has submitted his plan to the planning commission for approval of the manner in which the zero-lot-line concept is to be handled.

D.

The planning commission has the authority to accept a modification of subsections (C)(1) or (C)(2) of this section, if in its judgement, the purpose and intent of this title is adhered to, and substantial privacy is allowed for adjacent dwellings.

(Prior code Art. XI (Art. V § 9.0))