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Hampstead City Zoning Code

ARTICLE XXX

Exceptions and Modifications

§ 135-254 Generally.

The regulations specified in this chapter shall be subject to the following exceptions, modifications and interpretations.

§ 135-255 Lot area modifications.

A. 
Minimum lot area and lot width regulations in any zone shall not apply to repeater, booster, transformer or switching stations or dial offices.
B. 
In any district wherein a single-family dwelling is permitted, such dwelling may be permitted on any lot or parcel which is of official record by deed or a subdivision duly recorded in the plat records of Carroll County as of the effective date of this chapter, provided that:
(1) 
The owner does not own sufficient land adjoining to enable conformance with yard or area requirements.
(2) 
No side yard shall be less than 10% of the width of said lot.

§ 135-256 Setbacks.

Where the average setback line of at least two existing buildings, on lots which are on the same side of the street or road and within 200 feet of the lot in question, is less than the minimum setback prescribed by this chapter, the minimum setback line shall be the average setback line of all buildings within 200 feet of the proposed building. However, in no case shall the setback line be less than 35 feet from the center line of any abutting road or street.

§ 135-257 Projections into yards.

[Amended 7-13-2004 by Ord. No. 395]
A. 
If attached to or directly adjoining the main building, a carport or a one-story open porch, with a roof, may extend into the required front, side or rear yard not more than 25% of the minimum required yard depth.
B. 
If attached to or directly adjoining the main building, a one-story open deck without a roof may extend into the required rear yard not more than 50% of the minimum required yard depth.
C. 
Projections, such as bay windows, chimneys, entrances, vestibules, balconies, eaves and leaders, may extend into any required yard not more than four feet, provided that such projections (except eaves) are not over 10 feet in length.
D. 
Fences and walls shall be exempt from building line and yard requirements unless they are obstructions to vision.
E. 
No deck, porch, carport, or other projection shall be allowed in any easement area.
F. 
The allowable projection into any yard shall be calculated by measuring the minimum distance from the applicable property boundary to the point of maximum projection into the yard. No additional allowance shall be granted for cantilevered decks, stairs or other appurtenances to any projection.

§ 135-258 Height limitations.

A. 
Building height limitations shall not apply to water tanks, barns, windmills, silos or other accessory farm structures; or to belfries, steeples or spires; electric or communication poles or towers, electric generating plants, electric transforming or switching equipment or radio, television or radar towers; chimneys or smoke stacks; flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways; or tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building. No penthouse or roof structure shall have a total area greater than 25% of the roof area, nor shall such structure be used for any purpose than a use incidental to the main use of the building.
B. 
In any R district, the height of a principal structure may be extended to 3 1/2 stories, but not over 50 feet, if each side yard is increased in width 1/2 foot for each additional 1 foot of height above the normal maximum limit. In any B district, the height of a principal structure may be extended to 4 stories, but not over 55 feet, if each side yard is increased in width 1/2 foot for each additional 1 foot of height above the normal maximum limit.
[Amended 3-15-1993 by Ord. No. 254; 2-13-2018 by Ord. No. 523]
C. 
On any lot where the average finished slope adjoining the building exceeds a grade of 7%, one story, in addition to the number permitted in the zone in which such lot is situated, shall be permitted on the downhill side of any building erected, but the building height limit shall not otherwise be increased above that specified for the zone.
D. 
In any zone where public or quasi-public buildings are permitted, such buildings may be erected to a height of 120 feet, but the minimum front, rear and side yards shall be increased one foot for each foot of height above the limit established for the zone in which the building is erected.

§ 135-259 Variances.

The Board may authorize upon appeal, in accordance with § 135-265, variances from height, lot area, yard regulations, parking space requirements, sign regulations and distance requirements specified in § 135-20. The Board may grant such variance only in cases where the strict compliance with the terms of this chapter would result in practical difficulty and unreasonable hardship and only if in strict harmony with the spirit and intent of such regulations and only in a manner so as to grant relief without substantial injury to the public health, safety and general welfare.