- PRIMARY DISTRICT REGULATIONS
USE REGULATIONS TABLE
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
(Ord. No. 2018-02, § 2, 5-17-2018; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 1, 10-15-2024)
A.
Purpose. This district is intended to provide single-household residential uses of low density and to protect those existing areas where custom and usage have established this pattern.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R1" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwelling.
(2)
Primary dwelling with accessory apartment.
(3)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Twin dwellings.
(2)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(3)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot; and provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(4)
Community centers.
(5)
Primary or secondary schools.
(6)
Programmed open space.
(7)
Wind energy systems complying with regulations found in Section 8.8.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R1" district:
(1)
Uses that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(2)
Private garage and parking areas, swimming pools (see enclosure requirements in Section 6.4) and other customary residential outbuilding and structures.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
(5)
Home occupations in accordance with Section 8.1.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R1" district, except as superseded by more restrictive provisions elsewhere in this Ordinance:
A.
Purpose. To maintain, preserve and protect neighborhoods of generally medium low density, and maintain a primarily single-family detached residential character. This district is intended to avoid the conversion of existing single-family homes into additional numbers of dwelling units in order to maintain stability and avoid increased parking problems.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R2" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by Board of Zoning Appeals:
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Two-family dwellings.
(3)
Boarding units.
(4)
Bed and breakfasts. See Section 8.4.
(5)
Adult day care centers.
(6)
Assisted living centers or nursing homes.
(7)
Cemeteries.
(8)
Childcare centers.
(9)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(10)
Community centers.
(11)
Funeral homes.
(12)
Libraries.
(13)
Primary or secondary schools.
(14)
Programmed open space.
(15)
Wind energy systems complying with regulations found in Section 8.8.
(16)
Short-term vacation rentals.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R2" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R2" district, except as superseded by more restrictive provisions elsewhere in ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purpose. To provide for neighborhoods at an overall moderate density while keeping with the residential character of the district.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R2-A" district, provided that any dwelling unit shall be limited to occupancy by a single-family unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Group homes complying with regulations set forth in Section 8.5.
(5)
Short-term vacation rentals.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by Board of Zoning Appeals:
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Two-family dwellings.
(3)
Multifamily dwellings.
(4)
Boarding units.
(5)
Bed and breakfasts. See Section 8.4.
(6)
Adult day care centers.
(7)
Assisted living centers or nursing homes.
(8)
Cemeteries.
(9)
Childcare centers.
(10)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(11)
Community centers.
(12)
Funeral homes.
(13)
Libraries.
(14)
Primary or secondary schools.
(15)
Programmed open space.
(16)
Wind energy systems complying with regulations found in Section 8.8.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R2-A" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R2-A" district, except as superseded by more restrictive provisions elsewhere in ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purposes. To provide for residential neighborhoods containing a moderate density including an emphasis on multi-unit development.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R3" district, provided that each dwelling unit shall be limited to occupancy by a single-family unless permitted otherwise by Section 1.22.
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Multifamily dwellings.
(7)
Group homes complying with regulations set forth in Section 8.5.
(8)
Short-term vacation rentals.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Boarding units.
(2)
Bed and breakfasts. See Section 8.4.
(3)
Mobile home parks meeting the provisions of Section 8.6.
(4)
Adult day care centers.
(5)
Assisted Living Centers or Nursing Homes.
(6)
Cemeteries.
(7)
Childcare centers.
(8)
Churches and places of worship, which may include up to two (2) accessory dwelling units for full-time religious employees and their families, provided that any new such use shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(9)
Community centers.
(10)
Funeral homes.
(11)
Libraries.
(12)
Primary or secondary schools.
(13)
Programmed open space.
(14)
Any of the following uses, provided that the total floor area of all structures or portions thereof devoted or intended for such uses shall not to exceed three thousand (3,000) square feet (in addition to any basement areas used solely for storage). Any new such use shall be limited to a detached building at the corner of two (2) or more public streets. Any such use shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m.
(a)
Retail stores such as hardware, grocery, drug, variety, baked goods, antique, craft and gift, but not including sale of alcoholic beverages.
(b)
Personal service businesses such as shoe repair, beauty parlors, barbers, body art studios, and self-service laundries and dry cleaning stores which are pick up stations only.
(c)
Restaurants, not including drive-through service.
(d)
Banks and other financial institutions, not including drive-through service.
(15)
Wind energy systems complying with Section 8.8.
(16)
Automobile parking lots and decks.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R3" district:
(1)
Private garage and parking areas, swimming pools and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R3" district, except as superseded by more restrictive provisions of this Ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 2, 10-15-2024)
A.
Purpose. To provide for residential neighborhoods located outside of historically residential districts and near gateway transportation corridors incorporating a wide variety of dwelling types and densities as may be intermixed with low impact, small-scale commercial uses.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R4" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22.
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Multifamily dwellings.
(7)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Boarding units.
(2)
Bed and breakfast uses meeting the provisions of Section 8.4.
(3)
Adult day care centers.
(4)
Assisted living centers or nursing homes.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units, provided that any new such use shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Community centers.
(9)
Funeral homes.
(10)
Libraries.
(11)
Primary or secondary schools.
(12)
Programmed open space.
(13)
Country clubs, golf and tennis clubs.
(14)
Offices for professional, business or governmental purposes, including, but not limited to, medical, law, real estate, insurance, and manufacturer's representatives offices.
(15)
Any of the following uses, provided that the total floor area of all structures or portions thereof devoted or intended for such uses shall not exceed three thousand (3,000) square feet of a structure. Any such use shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m.
(a)
Retail stores such as hardware, grocery, drug, variety, baked goods, antique, craft and gift, but not including the sale of alcoholic beverages.
(b)
Personal service businesses such as shoe repair, beauty parlors, barbers, body art studios, and self-service laundries and dry cleaning stores which are pick up stations only.
(c)
Restaurants, not including drive-through service.
(d)
Banks and other financial institutions, not including drive-through service.
(16)
Wind energy systems complying with regulations found in Section 8.8.
(17)
Short-term vacation rentals.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R4" district:
(1)
Private garage and parking areas, swimming pools and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R4" district, except as superseded by more restrictive provisions of the Ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 3, 10-15-2024)
A.
Purpose. To provide for professional and business offices and related uses, in addition to moderate density housing, along certain major streets and in a manner that is compatible with adjacent and surrounding residential uses.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "RO" district, provided that each dwelling unit shall be limited to occupancy by a single-family, unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Two-family dwellings.
(5)
Group homes complying with regulations set forth in Section 8.5.
(6)
Cemeteries.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Community centers.
(9)
Funeral homes.
(10)
Libraries.
(11)
Programmed open space.
(12)
Offices for professional, business or governmental purposes, including, but not limited to, medical, law, real estate, insurance, and manufacturer's representatives offices.
(13)
Bed and breakfasts meeting the provisions of Section 8.4.
(14)
Short-term vacation rentals.
C.
Special Exceptions: Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals.
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Boarding units.
(3)
Adult day care centers.
(4)
Assisted living centers or nursing homes.
(5)
Childcare centers.
(6)
Civic and service clubs, fraternal organizations.
(7)
Primary and secondary schools.
(8)
Wind energy systems complying with regulations found in Section 8.8B.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "RO" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for regulated by Section 6.6.
(4)
Signs permitted by Part 7.
E.
Lot, Yard and Height Requirements: The following requirements shall apply to all uses and structures in the "RO" district, except as superseded by more restrictive provisions elsewhere in this Ordinance.
* Use permitted by Special Exception only.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purpose. To provide for small-scale retail, service, and residential uses in a mixed-use setting designed at a pedestrian scale to encourage walking and bicycling, which will serve the needs of the neighborhood residents as well the University population.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C1" district:
(1)
All principal and accessory residential uses permitted in the R3 district under the same restrictions as would apply in that district.
(2)
Group homes consistent with Section 8.5.
(3)
Bed and breakfasts meeting the provisions of Section 8.4.
(4)
Cemeteries.
(5)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(6)
Community centers.
(7)
Libraries.
(8)
Primary or secondary schools.
(9)
Programmed open space.
(10)
Restaurants and cafes. Drive-through service is prohibited.
(11)
Retail stores that do not sell alcohol or would otherwise require a liquor license.
(12)
Supermarkets, farmers markets, and grocery stores.
(13)
Animal groomers.
(14)
Banks and other financial institutions. Drive-through service is prohibited.
(15)
Beauty shops, barber shops, nail salons, tanning spas.
(16)
Cleaners and laundromats.
(17)
Medical or dental offices.
(18)
Personal service businesses such as shoe repair, beauty parlors, barbers, and self-service laundries and dry cleaning stores which are pick up stations only.
(19)
Offices for professional, governmental or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(20)
Short-term vacation rentals.
(21)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Adult day care centers.
(2)
Childcare centers.
(3)
Colleges, trade or hobby schools.
(4)
Bowling alleys, billiard parlors, arcades and similar places of indoor amusement.
(5)
Restaurants and cafes requiring a liquor license for on-site consumption only.
(6)
Theatres.
(7)
Automobile parking lots and decks as a principal use.
(8)
Fitness centers.
(9)
Wind energy systems complying with regulations found in Section 8.8B.
(10)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(11)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C1" district:
(1)
All accessory uses and structures permitted in the R3 district under the same restrictions as would apply in that district.
(2)
Temporary buildings and structures in accordance with Section 6.6.
(3)
Signs in accordance with Part 7 of this Ordinance.
(4)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the "C1" district:
(1)
Bars, lounges, and taverns.
(2)
Liquor stores.
(3)
Commercial sales of motor vehicles.
(4)
Adult uses.
(5)
Gambling.
F.
Lot, Yard, and Height Requirements: The following requirements shall apply to all uses and structures in the "C1" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, § 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 4, 10-15-2024)
A.
Purpose. To provide for a wide range of commercial uses serving local and regional markets as well as travelers on local highways.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C2" district:
(1)
All residential uses allowed in the R2 district, under the same restrictions as would apply in the R2 district.
(2)
Bed and breakfasts meeting the provisions of Section 8.4.
(3)
Group homes consistent with Section 8.5.
(4)
Adult day care centers.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Civic and service clubs, fraternal organizations.
(9)
Community centers.
(10)
Funeral homes.
(11)
Libraries.
(12)
Primary or secondary schools.
(13)
Programmed open space.
(14)
Auction houses.
(15)
Bowling alleys, billiard parlors, arcades and similar places of indoor amusement.
(16)
Building materials and lumber yard sales offices and storage facilities.
(17)
Restaurants. Drive-through service permitted only by special exception.
(18)
Retail stores.
(19)
Supermarkets, farmers markets, and grocery stores.
(20)
Theatres.
(21)
Animal groomers.
(22)
Automobile parking lots and decks.
(23)
Automobile service stations and/or vehicle repair garages.
(24)
Banks and other financial institutions. Drive-through service permitted only by special exception.
(25)
Beauty shops, barber shops, nail salons, spas.
(26)
Cleaners and laundromats.
(27)
Fitness centers.
(28)
Kennels. Kennels must be located at least two hundred (200) feet from all property lines.
(29)
Medical laboratories.
(30)
Medical or dental offices.
(31)
Motels and hotels.
(32)
Offices for professional, governmental, or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(33)
Sales, repair, and/or storage of automobiles, mobile homes, recreational trailers and vehicles, boats and farm machinery, appliances, implements and supplies.
(34)
Veterinary services.
(35)
Short-term vacation rentals.
(36)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
All residential uses permitted by special exception in the R2 district, under the same restrictions as would apply in the R2 district.
(2)
Bars, taverns, and cocktail lounges.
(3)
Colleges, trade or hobby schools.
(4)
Clubs and lodges.
(5)
Drive-in or drive-through restaurants provided that ingress and egress points are satisfactory in relation to the major access streets and nearby residential areas, and that suitable turning lanes are provided from the access roads.
(6)
Liquor stores.
(7)
Reserved.
(8)
Light wholesale and distribution establishments.
(9)
Wind energy systems complying with regulations found in Section 8.8.
(10)
Self-storage facilities, subject to the provisions set forth in Section 8.9.
(11)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(12)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C2" district:
(1)
All accessory uses and structures permitted in the R2 district under the same restrictions as would apply in that district.
(2)
Temporary buildings and structures in accordance with Section 6.6.
(3)
Signs in accordance with Part 7 of this Ordinance.
(4)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the C2 district:
(1)
Junkyards.
(2)
Adult uses.
(3)
Gambling.
F.
Lot, Yard, and Height Requirements: The following requirements shall apply to all uses and structures in the "C2" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, §§ 2, 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 5, 10-15-2024)
A.
Purpose. To provide for a strong town center that includes a balanced mix of commercial, office, institutional and residential uses, while emphasizing a pedestrian orientation, and while avoiding intense auto-related uses that would harm the urban fabric of the City's downtown area.
B.
Principal Permitted Uses and Structure. Only the following principal uses and structures are permitted in the "C3" district":
(1)
Multifamily dwelling units, provided that any lot adjacent to Main Street shall include a permitted commercial use on at least the front of the ground level floor adjacent to Main Street.
(2)
Bed and breakfasts meeting the provisions of Section 8.3.
(3)
Adult day care centers.
(4)
Assisted living centers and nursing homes.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Civic and service clubs, fraternal organizations.
(9)
Colleges, trade or hobby schools.
(10)
Community centers.
(11)
Funeral homes.
(12)
Hospices and hospitals.
(13)
Libraries.
(14)
Primary and secondary schools.
(15)
Programmed open space.
(16)
Bars, cocktail lounges, and restaurants without drive-through service.
(17)
Clubs and lodges, dance halls.
(18)
Bowling alleys, billiard parlors, and similar places of indoor amusement.
(19)
Retail.
(20)
Supermarkets, farmers markets, and grocery stores.
(21)
Theatres.
(22)
Animal groomers.
(23)
Banks and other financial institutions. Drive-through service permitted only by special exception.
(24)
Beauty shop, barber shop, nail salon, tanning, spas.
(25)
Cleaners and laundromats.
(26)
Contractor offices, including but not limited to: carpenter, cabinet, plumbing, or electrical shops.
(27)
Medical and dental offices.
(28)
Motels and hotels.
(29)
Personal service businesses such as shoe repair, beauty parlors, barbers, and self-service laundries and dry cleaning stores which are pick up stations only. Drive-through service permitted by special exception only.
(30)
Professional offices.
(31)
Short-term vacation rentals.
(32)
Body art studio.
C.
Special Exception Uses. Only the following principal uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Boarding units. Drive-through service as part of a bank or other business use, provided that the use will not cause demolition or alteration of a contributing structure within the Historic District, will not adversely affect pedestrian access to businesses or residences and will not cause unsafe conditions for pedestrians on Main Street.
(7)
Drive-in and drive-through restaurants.
(8)
Automobile parking lots and decks, provided parking is not adjacent to Main Street and will not cause demolition of a contributing structure in the Historic District.
(9)
Reserved.
(10)
Fitness centers.
(11)
Medical laboratories.
(12)
Sales, service or commercial washing of motor vehicles, provided the lot is not adjacent to Main Street.
(13)
Light wholesale and distribution establishments.
(14)
Wind energy systems complying with regulations found in Section 8.8B.
(15)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(16)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C3" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(4)
Home occupations in accordance with Section 8.1.
E.
Specifically Prohibited Uses. The following uses are prohibited within the C3 Town Center District, other than lawful non-conforming uses permitted by Section 1.22:
(1)
Sales, service or commercial washing of motor vehicles and outdoor storage on a lot adjacent to Main Street.
(2)
Any use that will involve or result from the demolition of one (1) or more existing principal building(s) that will result in new off-street parking spaces fronting on Main Street or between Main Street and the principal building.
(3)
Adult uses.
(4)
Gambling establishments.
(5)
Warehouses.
F.
Lot, Yard and Height Requirements. The following minimum requirements shall apply to all uses and structures in the "C3" district, except as superseded by more restrictive provisions elsewhere in this Ordinance.
(Ord. No. 2018-02, §§ 3, 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 6, 10-15-2024)
A.
Purpose. To provide for a wide variety of commercial uses that are targeted toward interstate travelers and attractively planned to welcome visitors.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C4" district:
(1)
Restaurants, including, but not limited to, those offering drive-through service.
(2)
Retail stores.
(3)
Supermarkets, farmers markets, and grocery stores.
(4)
Automobile service stations.
(5)
Banks and other financial institutions, including, but not limited to, those offering drive-through service.
(6)
Motels and hotels.
(7)
Medical and dental offices.
(8)
Beauty shops, barber shops, nail salons, spas, and other similar personal services.
(9)
Fitness centers.
(10)
Offices for professional, governmental, or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(11)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Building materials, and lumber yard sales offices and storage facilities.
(2)
Sales, repair, and/or storage of automobiles, mobile homes, recreational trailer and vehicles, boats and farm machinery, appliances, implements and supplies.
(3)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as above permitted uses, in accordance with the provisions of Section 1.18C(3).
(4)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(5)
Adult day care centers.
(6)
Assisted living centers and nursing homes.
(7)
Bowling alleys, billiard parlors, and similar places of indoor amusement.
(8)
Theatres.
(9)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C4" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the C4 district:
(1)
Adult uses.
(2)
Gambling establishments.
F.
Lot, Yard, and Height Requirements. The following requirements shall apply to all uses and structures in the "C4" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, §§ 1, 6, 9, 5-17-2018; Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2024-02, § 7, 10-15-2024)
A.
Purpose. To provide for commercial and light industrial uses which are compatible with residential, commercial and institutional uses in adjacent areas of the City. This district is designed to accommodate planned business parks or substantial tracts of land suitable for business and industry with a focus on the technology sector. This district shall provide for flexibility, but requires well-planned access and design.
B.
Principal Permitted Uses and Structures. The following principal uses and structures are permitted in the "T-LI" district:
(1)
Group homes consistent with Section 8.5.
(2)
Treatment centers.
(3)
Adult day care centers.
(4)
Assisted living centers and nursing homes.
(5)
Colleges, trade or hobby schools.
(6)
Hospices and hospitals.
(7)
Building material sales yard, including the sale of rock, sand, gravel, and the like, and tradesperson's equipment storage yard or headquarters.
(8)
Contractor offices.
(9)
Fitness centers.
(10)
Medical laboratories.
(11)
Wholesale business, warehouse, trucking terminals, and similar non-processing storage and distribution uses, but not including prohibited uses.
(12)
Manufacturing, compounding, processing, or packaging of food and food products, and cosmetics, toiletries, and pharmaceuticals.
(13)
Manufacturing, compounding or assembling of articles using the following or similar prepared materials: bone or shell, cellophane, fur, glass, leather, plastic, precious or semiprecious metals or stones, rubber, textiles or cloth products, tobacco, wood or wood products.
(14)
Manufacturing of ceramic or glass products.
(15)
Manufacturing or assembling from prepared materials of the following or similar items: musical instruments, clocks or watches, toys or novelties, electrical appliances, scientific or electronic devices, light sheet metal products, machine tool, office equipment.
(16)
Incidental sales of products manufacturing or stored on the premises.
(17)
Technological or communication based enterprises.
(18)
Agriculture, limited to cropland, nurseries and greenhouses.
C.
Special Exceptions. The following principal uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Adult uses.
(2)
Gambling establishments.
(3)
Body art studios.
(4)
Wind energy systems complying with regulations found in Section 8.8.
(5)
Self-storage facilities, subject to the provisions set forth in Section 8.9.
(6)
Restaurants, drive-in or drive through, fast food, and standard, but only if they are on lots with front lot lines abutting arterial or collector streets, as defined in Section 4.2 of the Frostburg Subdivision and Land Development Regulations (see Appendix B of the Frostburg Code).
(7)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "T-LI" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Lot, Yard and Height Requirements: The following minimum requirements shall apply to all uses and structures in the "T-LI" district, except as superseded by more restrictive provisions of this Ordinance.
(Ord. No. 2018-02, §§ 2, 8, 9, 5-17-2018; Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2023-01, § 1, 4-20-2023)
A.
The following uses and structures shall be prohibited within the City of Frostburg:
(1)
Bulk storage, manufacturing, or processing of highly hazardous chemicals (i.e., High Hazard Level 1-5 Contents and High Hazard Materials, as those terms are defined in the NFPA Glossary of Terms, as amended from time to time), petroleum products, or any other flammable, explosive, or noxious material.
(2)
Animal rendering or concentrated animal feeding operations (CAFOs).
(3)
Junkyards.
(4)
Extraction of petroleum and natural gas.
(5)
Mining activity regulated by the State of Maryland, except in the instance of a federally and/or state-sponsored reclamation project.
(Ord. No. 2018-02, § 8, 5-17-2018)
- PRIMARY DISTRICT REGULATIONS
USE REGULATIONS TABLE
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
Key:
P - Permitted Use
SE - Special Exception
Blank Cell indicates use is not permitted
* No more than 2 unrelated persons per unit
1 Subject to additional provisions in text
Table above is provided for convenience, in the event that the table and text of this Ordinance conflict, the text shall take precedence.
(Ord. No. 2018-02, § 2, 5-17-2018; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 1, 10-15-2024)
A.
Purpose. This district is intended to provide single-household residential uses of low density and to protect those existing areas where custom and usage have established this pattern.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R1" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwelling.
(2)
Primary dwelling with accessory apartment.
(3)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Twin dwellings.
(2)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(3)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot; and provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(4)
Community centers.
(5)
Primary or secondary schools.
(6)
Programmed open space.
(7)
Wind energy systems complying with regulations found in Section 8.8.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R1" district:
(1)
Uses that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(2)
Private garage and parking areas, swimming pools (see enclosure requirements in Section 6.4) and other customary residential outbuilding and structures.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
(5)
Home occupations in accordance with Section 8.1.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R1" district, except as superseded by more restrictive provisions elsewhere in this Ordinance:
A.
Purpose. To maintain, preserve and protect neighborhoods of generally medium low density, and maintain a primarily single-family detached residential character. This district is intended to avoid the conversion of existing single-family homes into additional numbers of dwelling units in order to maintain stability and avoid increased parking problems.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R2" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by Board of Zoning Appeals:
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Two-family dwellings.
(3)
Boarding units.
(4)
Bed and breakfasts. See Section 8.4.
(5)
Adult day care centers.
(6)
Assisted living centers or nursing homes.
(7)
Cemeteries.
(8)
Childcare centers.
(9)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(10)
Community centers.
(11)
Funeral homes.
(12)
Libraries.
(13)
Primary or secondary schools.
(14)
Programmed open space.
(15)
Wind energy systems complying with regulations found in Section 8.8.
(16)
Short-term vacation rentals.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R2" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R2" district, except as superseded by more restrictive provisions elsewhere in ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purpose. To provide for neighborhoods at an overall moderate density while keeping with the residential character of the district.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R2-A" district, provided that any dwelling unit shall be limited to occupancy by a single-family unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Group homes complying with regulations set forth in Section 8.5.
(5)
Short-term vacation rentals.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by Board of Zoning Appeals:
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Two-family dwellings.
(3)
Multifamily dwellings.
(4)
Boarding units.
(5)
Bed and breakfasts. See Section 8.4.
(6)
Adult day care centers.
(7)
Assisted living centers or nursing homes.
(8)
Cemeteries.
(9)
Childcare centers.
(10)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(11)
Community centers.
(12)
Funeral homes.
(13)
Libraries.
(14)
Primary or secondary schools.
(15)
Programmed open space.
(16)
Wind energy systems complying with regulations found in Section 8.8.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R2-A" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R2-A" district, except as superseded by more restrictive provisions elsewhere in ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purposes. To provide for residential neighborhoods containing a moderate density including an emphasis on multi-unit development.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R3" district, provided that each dwelling unit shall be limited to occupancy by a single-family unless permitted otherwise by Section 1.22.
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Multifamily dwellings.
(7)
Group homes complying with regulations set forth in Section 8.5.
(8)
Short-term vacation rentals.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Boarding units.
(2)
Bed and breakfasts. See Section 8.4.
(3)
Mobile home parks meeting the provisions of Section 8.6.
(4)
Adult day care centers.
(5)
Assisted Living Centers or Nursing Homes.
(6)
Cemeteries.
(7)
Childcare centers.
(8)
Churches and places of worship, which may include up to two (2) accessory dwelling units for full-time religious employees and their families, provided that any new such use shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(9)
Community centers.
(10)
Funeral homes.
(11)
Libraries.
(12)
Primary or secondary schools.
(13)
Programmed open space.
(14)
Any of the following uses, provided that the total floor area of all structures or portions thereof devoted or intended for such uses shall not to exceed three thousand (3,000) square feet (in addition to any basement areas used solely for storage). Any new such use shall be limited to a detached building at the corner of two (2) or more public streets. Any such use shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m.
(a)
Retail stores such as hardware, grocery, drug, variety, baked goods, antique, craft and gift, but not including sale of alcoholic beverages.
(b)
Personal service businesses such as shoe repair, beauty parlors, barbers, body art studios, and self-service laundries and dry cleaning stores which are pick up stations only.
(c)
Restaurants, not including drive-through service.
(d)
Banks and other financial institutions, not including drive-through service.
(15)
Wind energy systems complying with Section 8.8.
(16)
Automobile parking lots and decks.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R3" district:
(1)
Private garage and parking areas, swimming pools and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Lot, Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R3" district, except as superseded by more restrictive provisions of this Ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 2, 10-15-2024)
A.
Purpose. To provide for residential neighborhoods located outside of historically residential districts and near gateway transportation corridors incorporating a wide variety of dwelling types and densities as may be intermixed with low impact, small-scale commercial uses.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "R4" district, provided that any dwelling unit shall be limited to occupancy by a single-family or up to two (2) unrelated persons unless permitted otherwise by Section 1.22.
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Multifamily dwellings.
(7)
Group homes complying with regulations set forth in Section 8.5.
C.
Special Exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Boarding units.
(2)
Bed and breakfast uses meeting the provisions of Section 8.4.
(3)
Adult day care centers.
(4)
Assisted living centers or nursing homes.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units, provided that any new such use shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Community centers.
(9)
Funeral homes.
(10)
Libraries.
(11)
Primary or secondary schools.
(12)
Programmed open space.
(13)
Country clubs, golf and tennis clubs.
(14)
Offices for professional, business or governmental purposes, including, but not limited to, medical, law, real estate, insurance, and manufacturer's representatives offices.
(15)
Any of the following uses, provided that the total floor area of all structures or portions thereof devoted or intended for such uses shall not exceed three thousand (3,000) square feet of a structure. Any such use shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m.
(a)
Retail stores such as hardware, grocery, drug, variety, baked goods, antique, craft and gift, but not including the sale of alcoholic beverages.
(b)
Personal service businesses such as shoe repair, beauty parlors, barbers, body art studios, and self-service laundries and dry cleaning stores which are pick up stations only.
(c)
Restaurants, not including drive-through service.
(d)
Banks and other financial institutions, not including drive-through service.
(16)
Wind energy systems complying with regulations found in Section 8.8.
(17)
Short-term vacation rentals.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "R4" district:
(1)
Private garage and parking areas, swimming pools and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for and regulated by Section 6.6.
(4)
Signs complying with Part 7.
E.
Yard and Height Requirements. The following requirements shall apply to all uses and structures in the "R4" district, except as superseded by more restrictive provisions of the Ordinance.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 3, 10-15-2024)
A.
Purpose. To provide for professional and business offices and related uses, in addition to moderate density housing, along certain major streets and in a manner that is compatible with adjacent and surrounding residential uses.
B.
Principal Permitted Uses and Structures. Only the following principal uses and structures are permitted in the "RO" district, provided that each dwelling unit shall be limited to occupancy by a single-family, unless permitted otherwise by Section 1.22:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Two-family dwellings.
(5)
Group homes complying with regulations set forth in Section 8.5.
(6)
Cemeteries.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or similar place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Community centers.
(9)
Funeral homes.
(10)
Libraries.
(11)
Programmed open space.
(12)
Offices for professional, business or governmental purposes, including, but not limited to, medical, law, real estate, insurance, and manufacturer's representatives offices.
(13)
Bed and breakfasts meeting the provisions of Section 8.4.
(14)
Short-term vacation rentals.
C.
Special Exceptions: Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Zoning Appeals.
(1)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(2)
Boarding units.
(3)
Adult day care centers.
(4)
Assisted living centers or nursing homes.
(5)
Childcare centers.
(6)
Civic and service clubs, fraternal organizations.
(7)
Primary and secondary schools.
(8)
Wind energy systems complying with regulations found in Section 8.8B.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "RO" district:
(1)
Private garage and parking areas, swimming pools, and other customary residential outbuildings and structures.
(2)
Home occupations in accordance with Section 8.1.
(3)
Temporary buildings and structures as provided for regulated by Section 6.6.
(4)
Signs permitted by Part 7.
E.
Lot, Yard and Height Requirements: The following requirements shall apply to all uses and structures in the "RO" district, except as superseded by more restrictive provisions elsewhere in this Ordinance.
* Use permitted by Special Exception only.
(Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022)
A.
Purpose. To provide for small-scale retail, service, and residential uses in a mixed-use setting designed at a pedestrian scale to encourage walking and bicycling, which will serve the needs of the neighborhood residents as well the University population.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C1" district:
(1)
All principal and accessory residential uses permitted in the R3 district under the same restrictions as would apply in that district.
(2)
Group homes consistent with Section 8.5.
(3)
Bed and breakfasts meeting the provisions of Section 8.4.
(4)
Cemeteries.
(5)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(6)
Community centers.
(7)
Libraries.
(8)
Primary or secondary schools.
(9)
Programmed open space.
(10)
Restaurants and cafes. Drive-through service is prohibited.
(11)
Retail stores that do not sell alcohol or would otherwise require a liquor license.
(12)
Supermarkets, farmers markets, and grocery stores.
(13)
Animal groomers.
(14)
Banks and other financial institutions. Drive-through service is prohibited.
(15)
Beauty shops, barber shops, nail salons, tanning spas.
(16)
Cleaners and laundromats.
(17)
Medical or dental offices.
(18)
Personal service businesses such as shoe repair, beauty parlors, barbers, and self-service laundries and dry cleaning stores which are pick up stations only.
(19)
Offices for professional, governmental or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(20)
Short-term vacation rentals.
(21)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Adult day care centers.
(2)
Childcare centers.
(3)
Colleges, trade or hobby schools.
(4)
Bowling alleys, billiard parlors, arcades and similar places of indoor amusement.
(5)
Restaurants and cafes requiring a liquor license for on-site consumption only.
(6)
Theatres.
(7)
Automobile parking lots and decks as a principal use.
(8)
Fitness centers.
(9)
Wind energy systems complying with regulations found in Section 8.8B.
(10)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(11)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C1" district:
(1)
All accessory uses and structures permitted in the R3 district under the same restrictions as would apply in that district.
(2)
Temporary buildings and structures in accordance with Section 6.6.
(3)
Signs in accordance with Part 7 of this Ordinance.
(4)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the "C1" district:
(1)
Bars, lounges, and taverns.
(2)
Liquor stores.
(3)
Commercial sales of motor vehicles.
(4)
Adult uses.
(5)
Gambling.
F.
Lot, Yard, and Height Requirements: The following requirements shall apply to all uses and structures in the "C1" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, § 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 4, 10-15-2024)
A.
Purpose. To provide for a wide range of commercial uses serving local and regional markets as well as travelers on local highways.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C2" district:
(1)
All residential uses allowed in the R2 district, under the same restrictions as would apply in the R2 district.
(2)
Bed and breakfasts meeting the provisions of Section 8.4.
(3)
Group homes consistent with Section 8.5.
(4)
Adult day care centers.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Civic and service clubs, fraternal organizations.
(9)
Community centers.
(10)
Funeral homes.
(11)
Libraries.
(12)
Primary or secondary schools.
(13)
Programmed open space.
(14)
Auction houses.
(15)
Bowling alleys, billiard parlors, arcades and similar places of indoor amusement.
(16)
Building materials and lumber yard sales offices and storage facilities.
(17)
Restaurants. Drive-through service permitted only by special exception.
(18)
Retail stores.
(19)
Supermarkets, farmers markets, and grocery stores.
(20)
Theatres.
(21)
Animal groomers.
(22)
Automobile parking lots and decks.
(23)
Automobile service stations and/or vehicle repair garages.
(24)
Banks and other financial institutions. Drive-through service permitted only by special exception.
(25)
Beauty shops, barber shops, nail salons, spas.
(26)
Cleaners and laundromats.
(27)
Fitness centers.
(28)
Kennels. Kennels must be located at least two hundred (200) feet from all property lines.
(29)
Medical laboratories.
(30)
Medical or dental offices.
(31)
Motels and hotels.
(32)
Offices for professional, governmental, or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(33)
Sales, repair, and/or storage of automobiles, mobile homes, recreational trailers and vehicles, boats and farm machinery, appliances, implements and supplies.
(34)
Veterinary services.
(35)
Short-term vacation rentals.
(36)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
All residential uses permitted by special exception in the R2 district, under the same restrictions as would apply in the R2 district.
(2)
Bars, taverns, and cocktail lounges.
(3)
Colleges, trade or hobby schools.
(4)
Clubs and lodges.
(5)
Drive-in or drive-through restaurants provided that ingress and egress points are satisfactory in relation to the major access streets and nearby residential areas, and that suitable turning lanes are provided from the access roads.
(6)
Liquor stores.
(7)
Reserved.
(8)
Light wholesale and distribution establishments.
(9)
Wind energy systems complying with regulations found in Section 8.8.
(10)
Self-storage facilities, subject to the provisions set forth in Section 8.9.
(11)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(12)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C2" district:
(1)
All accessory uses and structures permitted in the R2 district under the same restrictions as would apply in that district.
(2)
Temporary buildings and structures in accordance with Section 6.6.
(3)
Signs in accordance with Part 7 of this Ordinance.
(4)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the C2 district:
(1)
Junkyards.
(2)
Adult uses.
(3)
Gambling.
F.
Lot, Yard, and Height Requirements: The following requirements shall apply to all uses and structures in the "C2" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, §§ 2, 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 5, 10-15-2024)
A.
Purpose. To provide for a strong town center that includes a balanced mix of commercial, office, institutional and residential uses, while emphasizing a pedestrian orientation, and while avoiding intense auto-related uses that would harm the urban fabric of the City's downtown area.
B.
Principal Permitted Uses and Structure. Only the following principal uses and structures are permitted in the "C3" district":
(1)
Multifamily dwelling units, provided that any lot adjacent to Main Street shall include a permitted commercial use on at least the front of the ground level floor adjacent to Main Street.
(2)
Bed and breakfasts meeting the provisions of Section 8.3.
(3)
Adult day care centers.
(4)
Assisted living centers and nursing homes.
(5)
Cemeteries.
(6)
Childcare centers.
(7)
Churches and places of worship, which may include up to two (2) accessory dwelling units on the lot, provided that any new church or place of worship shall be located on a minimum lot area of twenty thousand (20,000) square feet.
(8)
Civic and service clubs, fraternal organizations.
(9)
Colleges, trade or hobby schools.
(10)
Community centers.
(11)
Funeral homes.
(12)
Hospices and hospitals.
(13)
Libraries.
(14)
Primary and secondary schools.
(15)
Programmed open space.
(16)
Bars, cocktail lounges, and restaurants without drive-through service.
(17)
Clubs and lodges, dance halls.
(18)
Bowling alleys, billiard parlors, and similar places of indoor amusement.
(19)
Retail.
(20)
Supermarkets, farmers markets, and grocery stores.
(21)
Theatres.
(22)
Animal groomers.
(23)
Banks and other financial institutions. Drive-through service permitted only by special exception.
(24)
Beauty shop, barber shop, nail salon, tanning, spas.
(25)
Cleaners and laundromats.
(26)
Contractor offices, including but not limited to: carpenter, cabinet, plumbing, or electrical shops.
(27)
Medical and dental offices.
(28)
Motels and hotels.
(29)
Personal service businesses such as shoe repair, beauty parlors, barbers, and self-service laundries and dry cleaning stores which are pick up stations only. Drive-through service permitted by special exception only.
(30)
Professional offices.
(31)
Short-term vacation rentals.
(32)
Body art studio.
C.
Special Exception Uses. Only the following principal uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Single-family detached dwellings.
(2)
Primary dwelling with accessory apartment.
(3)
Twin dwellings.
(4)
Townhouse dwellings subject to the provisions set forth in Section 8.3.
(5)
Two-family dwellings.
(6)
Boarding units. Drive-through service as part of a bank or other business use, provided that the use will not cause demolition or alteration of a contributing structure within the Historic District, will not adversely affect pedestrian access to businesses or residences and will not cause unsafe conditions for pedestrians on Main Street.
(7)
Drive-in and drive-through restaurants.
(8)
Automobile parking lots and decks, provided parking is not adjacent to Main Street and will not cause demolition of a contributing structure in the Historic District.
(9)
Reserved.
(10)
Fitness centers.
(11)
Medical laboratories.
(12)
Sales, service or commercial washing of motor vehicles, provided the lot is not adjacent to Main Street.
(13)
Light wholesale and distribution establishments.
(14)
Wind energy systems complying with regulations found in Section 8.8B.
(15)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(16)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C3" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(4)
Home occupations in accordance with Section 8.1.
E.
Specifically Prohibited Uses. The following uses are prohibited within the C3 Town Center District, other than lawful non-conforming uses permitted by Section 1.22:
(1)
Sales, service or commercial washing of motor vehicles and outdoor storage on a lot adjacent to Main Street.
(2)
Any use that will involve or result from the demolition of one (1) or more existing principal building(s) that will result in new off-street parking spaces fronting on Main Street or between Main Street and the principal building.
(3)
Adult uses.
(4)
Gambling establishments.
(5)
Warehouses.
F.
Lot, Yard and Height Requirements. The following minimum requirements shall apply to all uses and structures in the "C3" district, except as superseded by more restrictive provisions elsewhere in this Ordinance.
(Ord. No. 2018-02, §§ 3, 9, 5-17-2018; Ord. No. 2019-04, § 2, 5-16-2019; Ord. No. 2022-02, § 4, 2-17-2022; Ord. No. 2024-02, § 6, 10-15-2024)
A.
Purpose. To provide for a wide variety of commercial uses that are targeted toward interstate travelers and attractively planned to welcome visitors.
B.
Permitted Uses. Only the following principal uses and structures are permitted in the "C4" district:
(1)
Restaurants, including, but not limited to, those offering drive-through service.
(2)
Retail stores.
(3)
Supermarkets, farmers markets, and grocery stores.
(4)
Automobile service stations.
(5)
Banks and other financial institutions, including, but not limited to, those offering drive-through service.
(6)
Motels and hotels.
(7)
Medical and dental offices.
(8)
Beauty shops, barber shops, nail salons, spas, and other similar personal services.
(9)
Fitness centers.
(10)
Offices for professional, governmental, or business purposes, including, but not limited to, law, real estate, insurance, and manufacturer's representatives offices.
(11)
Body art studios.
C.
Special Exceptions. The following uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Building materials, and lumber yard sales offices and storage facilities.
(2)
Sales, repair, and/or storage of automobiles, mobile homes, recreational trailer and vehicles, boats and farm machinery, appliances, implements and supplies.
(3)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as above permitted uses, in accordance with the provisions of Section 1.18C(3).
(4)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
(5)
Adult day care centers.
(6)
Assisted living centers and nursing homes.
(7)
Bowling alleys, billiard parlors, and similar places of indoor amusement.
(8)
Theatres.
(9)
Artisan/small-scale manufacturing.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "C4" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Specifically Prohibited Uses. The following uses are specifically prohibited within the C4 district:
(1)
Adult uses.
(2)
Gambling establishments.
F.
Lot, Yard, and Height Requirements. The following requirements shall apply to all uses and structures in the "C4" district, except as superseded by more restrictive provisions of this Ordinance:
(Ord. No. 2018-02, §§ 1, 6, 9, 5-17-2018; Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2024-02, § 7, 10-15-2024)
A.
Purpose. To provide for commercial and light industrial uses which are compatible with residential, commercial and institutional uses in adjacent areas of the City. This district is designed to accommodate planned business parks or substantial tracts of land suitable for business and industry with a focus on the technology sector. This district shall provide for flexibility, but requires well-planned access and design.
B.
Principal Permitted Uses and Structures. The following principal uses and structures are permitted in the "T-LI" district:
(1)
Group homes consistent with Section 8.5.
(2)
Treatment centers.
(3)
Adult day care centers.
(4)
Assisted living centers and nursing homes.
(5)
Colleges, trade or hobby schools.
(6)
Hospices and hospitals.
(7)
Building material sales yard, including the sale of rock, sand, gravel, and the like, and tradesperson's equipment storage yard or headquarters.
(8)
Contractor offices.
(9)
Fitness centers.
(10)
Medical laboratories.
(11)
Wholesale business, warehouse, trucking terminals, and similar non-processing storage and distribution uses, but not including prohibited uses.
(12)
Manufacturing, compounding, processing, or packaging of food and food products, and cosmetics, toiletries, and pharmaceuticals.
(13)
Manufacturing, compounding or assembling of articles using the following or similar prepared materials: bone or shell, cellophane, fur, glass, leather, plastic, precious or semiprecious metals or stones, rubber, textiles or cloth products, tobacco, wood or wood products.
(14)
Manufacturing of ceramic or glass products.
(15)
Manufacturing or assembling from prepared materials of the following or similar items: musical instruments, clocks or watches, toys or novelties, electrical appliances, scientific or electronic devices, light sheet metal products, machine tool, office equipment.
(16)
Incidental sales of products manufacturing or stored on the premises.
(17)
Technological or communication based enterprises.
(18)
Agriculture, limited to cropland, nurseries and greenhouses.
C.
Special Exceptions. The following principal uses are permitted as special exceptions after approval by the Board of Zoning Appeals:
(1)
Adult uses.
(2)
Gambling establishments.
(3)
Body art studios.
(4)
Wind energy systems complying with regulations found in Section 8.8.
(5)
Self-storage facilities, subject to the provisions set forth in Section 8.9.
(6)
Restaurants, drive-in or drive through, fast food, and standard, but only if they are on lots with front lot lines abutting arterial or collector streets, as defined in Section 4.2 of the Frostburg Subdivision and Land Development Regulations (see Appendix B of the Frostburg Code).
(7)
A use or structure that the applicant proves to the satisfaction of the Board of Zoning Appeals to be of the same general character as the above permitted uses and special exception uses, in accordance with the provisions of Section 1.18C(3), but not including uses that are specifically prohibited in this district.
D.
Accessory Uses and Structures. The following accessory uses and structures shall be permitted in the "T-LI" district:
(1)
Temporary buildings and structures in accordance with Section 6.6.
(2)
Signs in accordance with Part 7 of this Ordinance.
(3)
Accessory uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
E.
Lot, Yard and Height Requirements: The following minimum requirements shall apply to all uses and structures in the "T-LI" district, except as superseded by more restrictive provisions of this Ordinance.
(Ord. No. 2018-02, §§ 2, 8, 9, 5-17-2018; Ord. No. 2019-04, § 1, 5-16-2019; Ord. No. 2023-01, § 1, 4-20-2023)
A.
The following uses and structures shall be prohibited within the City of Frostburg:
(1)
Bulk storage, manufacturing, or processing of highly hazardous chemicals (i.e., High Hazard Level 1-5 Contents and High Hazard Materials, as those terms are defined in the NFPA Glossary of Terms, as amended from time to time), petroleum products, or any other flammable, explosive, or noxious material.
(2)
Animal rendering or concentrated animal feeding operations (CAFOs).
(3)
Junkyards.
(4)
Extraction of petroleum and natural gas.
(5)
Mining activity regulated by the State of Maryland, except in the instance of a federally and/or state-sponsored reclamation project.
(Ord. No. 2018-02, § 8, 5-17-2018)