Havre De Grace City Zoning Code
ARTICLE I
General Provisions
§ 205-1 Interpretation of standards.
The provisions of this chapter shall be held to be the minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other laws, rules, regulations, ordinances or private restrictions, the provisions of this chapter shall control.
§ 205-2 Conformance required.
All structures and uses shall conform to the provisions of this chapter. This chapter shall not be construed to prohibit the maintenance of existing structures. This chapter shall not be construed to prohibit the continuation of any use or the continued use of any structure existing as of the date of adoption of this chapter in the event of any changes of ownership.
§ 205-3 Continuing existing uses and approvals.
A.
After March 15, 1982, an existing structure or combined use of structure and land devoted to a use not principally or conditionally permitted in the district in which it is located shall not be modified (i.e., enlarged, extended, substituted, reconstructed, converted or altered) except as follows:
[Amended 5-4-2009 by Ord. No. 904; 4-3-2023 by Ord. No. 1099; 7-17-2023 by Ord. No. 1111]
(1)
Modifications of nonconforming uses and structures to permitted uses and structures shall be permitted without Board of Appeals approval. Once a nonconforming use and/or structure is modified to a permitted use and structure, the prior nonconforming use and structure shall no longer be permitted unless Board of Appeals variance approval is obtained.
(2)
Modifications of nonconforming uses and structures to conditional uses and structures requires Board of Appeals approval.
(3)
Modifications of nonconforming uses and structures shall be permitted in conformance with orders of governmental agencies having jurisdiction over the premises.
(4)
Modification of a combined nonconforming use and structure (conforming or nonconforming) shall be permitted without Board of Appeals approval within the following restrictions:
(a)
An increase of no more than 25% in the gross floor area applicable to the combined nonconforming use and structure will be allowed on a one-time basis.
(b)
Additions to structures shall conform to lot specifications in Table I.[1]
[1]
Editor's Note: Table I is included as an attachment to this chapter.
B.
No structure or premises where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use. The liquidation of an estate or an active and continuous attempt to sell or rent the premises shall not be considered a cessation of the use. If the estate is not settled within a ten-year period or sale or rental does not occur within a three-year period, the nonconforming use status shall be lost unless one or more extensions of specified, limited duration are granted by the Board of Appeals.
C.
If a structure devoted to a nonconforming use or if all or part of a nonconforming structure is damaged or destroyed, it may be reconstructed having no more lot coverage than the damaged structure, except as provided in Subsection A(1) through (5) above.
D.
The cessation of a nonconforming use of land which is not combined with that of a structure for a period of one year shall be deemed abandonment of that use. No extension or intensification of a nonconforming use of land unassociated with the use of structure shall be permitted.
E.
Single-family detached dwellings on lots less than 5,000 square feet, or less than 10,000 square feet in the R1 Zoning District, which have been or may be constructed on lots created by virtue of deeds or of subdivision plats recorded in the land records of Harford County prior to March 15, 1982, shall be exempt from the single-family, residential lot specifications contained in Table I of this chapter, except where stated below:
[Amended 5-4-2009 by Ord. No. 904; 11-18-2019 by Ord. No. 1025; 11-21-2022 by Ord. No. 1087]
(1)
Residential zoning district R-1/Residential.
(a)
Lot coverage shall not exceed 40% of the total lot area for lots between 5,000 square feet and 9,999 square feet in area, and 60% for lots less than 5,000 square feet in total area;
(b)
Setbacks cannot be less than required to meet the City's adopted building code standards for firesafety and other safety standards.
(2)
Residential zoning districts R-2/Residential, RO/Residential Office and RB/Residential Business.
(a)
Lot coverage shall not exceed 60% of the total lot area;
(b)
Setbacks cannot be less than required to meet the City's adopted building code standards for firesafety and other safety standards.
(3)
Maximum building height requirements are not exempt.
F.
All parcels or lots created by virtue of deeds or of subdivision plats recorded in the land records of Harford County prior to March 15, 1982, except those located on a lane or alley, shall be exempt from the off-street parking requirements contained in Chapter 122.
[Added 11-21-2022 by Ord. No. 1087]
§ 205-4 Historic sites.
Historic sites or structures that have been listed on the Maryland Historic Trust Historic Sites Inventory or listed on the National Register of Historic Places may be continued to be repaired and rehabilitated without limitation by this chapter.[1]
[1]
Editor's Note: See also Ch. 97, Historic Preservation.
§ 205-5 Zoning districts.
[Amended 8-21-2023 by Ord. No. 1113]
For the purposes of this chapter, the incorporated territory of Havre de Grace, Maryland, is hereby divided into the following districts:
R | Residential District |
R-1 | Residential District |
R-2 | Residential District |
RB | Residential Business District |
RO | Residential Office District |
MOE | Mixed Office/Employment District |
C | Commercial District |
I | Industrial District |
§ 205-6 District boundaries and Zoning Map.
[Amended 5-4-2009 by Ord. No. 904]
The boundaries of the districts are hereby established as shown on the Zoning Map of Havre de Grace, Maryland. The Zoning Map and all notations, references and other matters shown thereon shall be and are hereby made part of this chapter. The Zoning Map and all amendments thereto shall be and remain on file with the Director of Planning.
§ 205-7 Interpretation of district boundaries.
District boundary lines shall be interpreted to follow property lines, lot lines, City boundaries, or the center lines of streets or lanes as they exist at the time of the adoption of this chapter unless indicated clearly to the contrary upon the Zoning Map.
§ 205-8 Street frontage required.
[Amended 5-4-2009 by Ord. No. 904]
A.
No lot shall be used in whole or in part for any use other than parking purposes, unless such lot abuts:
(1)
A public or private right-of-way 50 feet or more in width which provides a public means of access to abutting property; or
(2)
Any public or private right-of-way not less than 30 feet in width which existed prior to January 1, 1980.
B.
Within the RB and RO Zoning Districts, the construction of a single-family detached dwelling on a lot fronting on an improved lane is permitted as a principal use. The lot shall meet the requirements of Table I, Lot Type CC. Two off-street parking spaces, not arranged in tandem, shall be provided on the lot.
C.
Panhandle lots shall be permitted in all zoning districts to achieve better use of irregularly shaped parcels, to avoid development in areas with environmentally sensitive features or to minimize access points to roads and streets, subject to the following requirements:
(1)
The panhandle shall abut a public road or street with a minimum right-of-way width of 50 feet.
(2)
The minimum width of a single panhandle shall be 25 feet.
(3)
Multiple adjacent panhandles (up to a maximum of four allowed) shall have a minimum width of 12 1/2 feet each.
(4)
A common drive shall be constructed to serve any group of two or more panhandle lots. Driveways for all panhandle lots shall access from the common drive.
(5)
Where a common drive is required, the owner shall provide the City with a common driveway agreement, satisfactory to the City Attorney, which shall be applicable to all lots subject to the common drive plan. The agreement shall be approved by the City prior to the recordation of the subdivision plat.
(6)
Panhandle lots shall not be used to avoid the construction of a street.
D.
A public or private right-of-way, paved lane, or common drive shall not be deemed adequate street frontage under this section if access to the lot by way of such public or private right-of-way, improved lane, or common drive requires crossing over a railroad line which crossing has been closed by the railroad or by consent of the lot owner, unless:
[Added 1-4-2021 by Ord. No. 1048]
(1)
The lot owner first obtains written confirmation from the railroad company that such crossing has been reopened and recognized by the railroad company as an at-grade crossing; and
(2)
The lot owner obtains City Council approval that the reopened crossing otherwise meets the street frontage requirements of this section; and
(3)
The portion of the lot constituting the road, improved lane, private right-of-way, or common drive traversing the railroad crossing will be dedicated to the City for public use.
E.
An owner who applies for a permit for a lot whose compliance with the street frontage requirements of this section is required shall not thereafter consent to the closure of a private railroad crossing without the prior approval of the City Council. No new permits will be issued to any lot owner who, after January 2021, agrees to the closure of a private railroad crossing without first seeking City Council approval, regardless of any prior concept plan, site plan, or subdivision plan approval by the City. In the event a lot owner consents to the closure of a private railroad crossing that is subsequently closed by a railroad company, then, upon the recommendation of the Director of Planning, the City Council may by resolution reduce the number of lots shown on a previously approved site plan or subdivision plan submitted by such owner or developer to protect the health, safety and welfare of the citizens.
[Added 1-4-2021 by Ord. No. 1048]
§ 205-9 Height, lot, yard townhouse and accessory dwelling unit (ADU) requirements.
[Amended 5-4-2009 by Ord. No. 904; 11-3-2014 by Ord. No. 958; 3-1-2021 by Ord. No. 1049; 11-7-2022 by Ord. No. 1086; 11-18-2024 by Ord. No. 1167; 3-17-2025 by Ord. No. 1178]
A.
Height, lot and yard requirements for each district and use shall be as specified in Table I,[1] except for the following:
(1)
In order to preserve historic streetscapes and context, single-family and attached dwellings located within the National Register Historic District shall have a maximum front yard setback no greater than what currently exists on adjoining properties and a minimum setback no less than what currently exists on adjoining properties. If adjoining properties have no dwellings or structures along the street frontage within the same City block, then there is no historic streetscape to preserve and the minimum setbacks for such property are those otherwise applicable pursuant to Table I of the Zoning Code.
(a)
The Director of Planning may require and approve a greater setback if the Director of Public Works identifies conflicts with existing or proposed utilities or other City assets.
(b)
The Director of Planning may approve a greater setback if the Director of Planning finds that the proposed setback is consistent with the setback for the majority of existing structures on adjacent properties along the street, or a generally consistent setback along the street or within the City block is not observed.
(c)
The Director's decision under Subsection A(1)(a) or (b) above is subject to appeal to the Board of Appeals.
(2)
Front load garages shall be prohibited from being constructed on or adjacent to existing or proposed dwellings along Union Avenue, Washington Street or Congress Avenue when a lot or parcel also has access to an alley, lane or other side street, unless the proposed garage is set back a minimum of 15 feet from the front facade of the dwelling.
[1]
Editor's Note: Table I is included as an attachment to this chapter.
B.
The minimum front yard setback shall be measured from the front line to the building envelope in the following manner:
(1)
In the case of corner lots platted after the effective date of this subsection, a full front yard with the required setback shall be provided on both frontages. The shortest lot line opposite the right-of-way shall be considered the rear lot line, and the longest lot line opposite the right-of-way shall be considered the side lot line.
 | |
|---|---|
Corner Lot |
(2)
In the case of through lots, front yard setbacks shall be provided on all frontages.
 | |
|---|---|
Through Lot |
(3)
In the case of panhandle lots, the front yard setback shall be measured along the property line that most closely parallels the street to which the panhandle connects.
 | |
|---|---|
Panhandle Lot |
(4)
For irregular lots, the front yard setback shall be measured from the portion of the structure closest to the lot line.
C.
The minimum side and rear yard setbacks shall be determined in the following manner:
(1)
Perpendicularly from the rear or side lot lines at the closest points to the proposed or existing structure.
(2)
For irregular lots, the rear and side yard setbacks shall be measured from the portion of the structure closest to the lot line.
D.
Exceptions to minimum yard requirements.
(1)
Architectural features such as bay windows, chimneys, cornices, eaves and entrance steps may encroach into the minimum yard requirements by an amount not exceeding 24 inches. In no case shall such a projection be closer than three feet to any property line.
(2)
No encroachment shall be permitted where the minimum yard setback is zero except for encroachments on City-owned rights-of-way which may be approved by action of the Mayor and City Council on a case-by-case basis.
E.
The front, rear and side yard setback requirements for residential structures exceeding 40 feet in height shall be increased by one foot for every two feet by which the height of the structure exceeds 40 feet.
F.
General townhouse requirements. Townhouses meeting the requirements of Lot Type GG, Table I,[2] are a principal permitted use in the R-2, RO and RB Zoning Districts. Townhouses meeting the requirements of Lot Type E, Table I, may be permitted by the Board of Appeals as a conditional use in the R-2, RO and RB Zoning Districts. The following regulations shall apply to all townhouses, whether principally permitted or a conditional use:
(1)
Townhouse projects shall not be located on a site with an area of less than 10,000 square feet.
(2)
No fewer than three and not more than eight dwelling units shall be included in any one townhouse building block. A building block is a single structure comprised of a series of attached townhouse dwellings.
(3)
The front facade of a townhouse building block shall be offset a minimum of two feet at least every three units.
(4)
Ingress/egress easements at least 10 feet in width shall be provided so that the rear yard of each townhouse unit may be accessed from common open space and/or a public or private right-of-way.
(5)
Fee simple yards for end units are not required but may be provided. The minimum distance between the ends of two adjacent building blocks shall be 26 feet. In the case where a building block end is adjacent to an adjoining property that is not part of the project, the block end shall be a minimum of 15 feet from the property line.
(6)
In townhouse projects containing up to 15 dwelling units, a minimum of 15% of the gross land area to be developed as townhouses shall be preserved as open space. Projects containing more than 15 dwelling units shall preserve a minimum of 20% of the gross land area as open space. At least 25% of open space shall be devoted to active recreational use. Open space shall be accessible to all residents of the townhouse development.
(7)
The maximum density of a townhouse project shall not exceed 16 dwelling units per acre.
[2]
Editor's Note: Table I is included as an attachment to this chapter.
G.
Additional provisions for conditional use townhouse projects. The Board of Appeals may permit the minimum lot width of 18 feet and the Minimum Lot Area of 1,440 square feet to be modified by the following provisions:
(1)
In townhouse building blocks containing fewer than six dwelling units, one sixteen-foot-wide unit with a minimum lot area of 1,280 square feet may be included.
(2)
In townhouse building blocks containing six or more dwelling units, two sixteen-foot-wide units with minimum lot areas of 1,280 square feet each may be included.
H.
Accessory dwelling unit (ADU) requirements. An ADU may be permitted by the Board of Appeals as a conditional use on a single lot in the R, R-1, R-2, RO and RB Districts, provided that the following provisions are met:
(1)
The lot owner occupies one of the two dwellings on the lot as a principal residence.
(2)
Occupants of the ADU shall park their vehicles off-street on the subject property; at least one off-street space shall be provided in addition to any off-street parking required for the main dwelling unit.
(3)
No separate address will be assigned to the ADU.
(4)
Attached ADUs cannot exceed 1,200 square feet.
(5)
Detached ADUs are limited to the least of:
(a)
Fifty percent of the square footage of the primary dwelling;
(b)
Ten percent of the total lot area; or
(c)
One thousand square feet of gross floor area.
(6)
All ADUs must meet the height, lot and yard requirements of this chapter unless an existing accessory structure or existing part of the home is being converted to an ADU. This section does not apply to expansions of accessory structures or additions to existing homes.
(7)
Entrance to the ADU must be accessed from the side or rear of the ADU unless the existing main entrance is used for both units.
(8)
ADUs can only be used as short-term rentals as defined and regulated under Chapter 147 of the City Code.
(9)
ADUs cannot be subdivided from the main property, sold fee simple, nor converted into a condominium or other form of conveyance for ownership or sale separate from the main structure.
(10)
ADUs are subject to capital cost recovery fees per the methods prescribed in Chapter 196 of the City Code.
(11)
ADUs in the City's designated Historic District must be reviewed by the Havre de Grace Historic Preservation Commission prior to meeting with the Board of Appeals. Recommendations by the Historic Preservation Commission may be used as conditions by the Board of Appeals when considering conditional use approval.
(12)
Such other conditions that the Board of Appeals may deem appropriate to a particular case.
(13)
Prior to the issuance of a use and occupancy permit by the City, the owner of the lot shall record a confirmatory deed that describes the foregoing conditions and limitations in the land records of Harford County.
I.
Fence requirements. Fences are permitted as an accessory use within all zoning districts provided that the following provisions are met:
(1)
Any person desiring to build or cause to be built a fence shall apply to the City for a permit to do so. The application shall contain all information, including a plan drawn to scale, sufficient to determine that the erection of such fence will conform to the requirements of this chapter. A drawing or picture of the fence indicating its style and height shall also be provided.
(2)
Fences less than 20 inches in height above the surface of the ground and hedges and required temporary construction safety and silt fences are exempt from the permit requirements of Subsection I(1) of this section.
(3)
Corrugated metal shall not be used for fence panels.
(4)
All fences must be constructed on private property and shall not extend toward a street or lane beyond the property line.
(5)
Exposed posts and lateral bracing of the fence shall face the interior of the property so that the finished side of the fence faces outward.
(6)
Residential fences and support posts shall meet the following requirements:
(a)
A fence in a rear yard or between the rear line of the dwelling and the front line of the dwelling shall not exceed six feet in height above the surface of the ground and may be of solid or open construction.
(b)
A fence in a front yard shall not exceed four feet in height above the surface of the ground and shall be of open construction only. Chain link fencing shall not be located in front yards.
(c)
On the right-of-way sides of corner lots, a fence shall not exceed four feet in height above the surface of the ground and shall be of open construction only. Chain link fencing shall not be located in these yards.
(d)
Barbed wire and similar types of fences with sharp edges are prohibited for use as residential fences or being attached thereto.
(e)
Along twenty-foot-wide rights-of-way which are an alley or lane and which border a corner lot, a fence along the right-of-way shall not exceed six feet in height above the surface of the ground and shall not be of chain link material.
(7)
Security fences for commercial, industrial or institutional uses shall not exceed 10 feet in height above the surface of the ground unless otherwise necessary to comply with screening requirements. A security fence may have reasonable barriers such as barbed wire placed along its uppermost edge.
(8)
Tennis court fences may be a maximum of 12 feet in height above the surface of the ground.
(9)
Required swimming pool fences shall conform to applicable building codes.
(10)
All fences shall be maintained in a structurally sound and attractive manner.
§ 205-10 Forest conservation requirements.
[Amended 5-4-2009 by Ord. No. 904]
Any building project, regardless of building size, occurring on a site larger than 40,000 square feet must comply with Chapter 81, Forest Conservation, prior to receiving zoning approval for a building permit. Conservation easements in residential subdivisions shall be located in common open space only and not on private residential lots.
§ 205-11 Performance standards and conditions.
[Added 4-16-2018 by Ord. No. 1001[1]]
Prior to the issuance of any building or occupancy permit for any use in any zone district, all of the following standards shall be complied with:
A.
General intent. When so required, the applicant shall supply evidence satisfactory to the City of Havre de Grace that the proposed building, process, production or other use will conform fully with all applicable performance standards. As evidence of compliance, the appropriate review agency may require, at the expense of the applicant, studies or analyses necessary to demonstrate compliance with applicable performance standards. Also, when required by the Department of Planning or Public Works, and/or the Planning Commission or Board of Appeals, the applicant shall provide expert, sworn testimony certifying that the application in question will comply with all applicable standards and conditions.
[Amended 7-1-2019 by Ord. No. 1020]
B.
Radioactivity. Any activity which emits radioactivity shall be prohibited except as may be normally and customarily incidental to licensed health care uses or as permitted pursuant to law regulating common carriers, United States Mail or other recognized delivery services.
C.
Fire and explosion hazards.
(1)
All activities shall only be conducted in buildings classified as fireproof by Chapter 31, Article II, Building Code, and Chapter 31, Article III, Residential Code, of the City of Havre de Grace, and the Fire Prevention Code and other applicable codes as established by the Department of Inspections, Licenses and Permits of Harford County, Maryland, as well as the International Property Maintenance Code, in accordance with § 31-1, Article I, of the Code of the City of Havre de Grace. Operations shall be conducted in such a manner and with such precautions as to prevent fire and explosion hazards. All raw materials and finished products shall be stored within an entirely closed building. Liquids may be stored in underground tanks that have been permitted and approved by the appropriate regulatory agency.
(2)
If any use maintains an inventory of a hazardous material in commercial or industrial zones, such as diesel fuel or propane gas, in amounts over 10,000 pounds, or the threshold planning quantity of 500 pounds of an extremely hazardous substance, the property owner or tenant must submit reports to the state, the Local Emergency Planning Committee (LEPC) and the local volunteer fire department. Operation of the premises shall be in compliance with the requirements of the various codes listed herein and such other codes as may be applicable.
D.
Smoke, fumes, gases, dust and odors. There shall be no emission of any smoke, fumes, gases, dust, odors or any other atmospheric pollutant which may disseminate a substance in the air that can have an adverse effect on human health or the ecosystem or which does not comply with standards as promulgated by the Maryland Department of the Environment (MDE). If it has been determined by the Director of the Department of Public Works that any use creates such offensive odors, dust, smoke, gas, or similar atmospheric nuisance having adverse health or environmental effects or in violation of MDE standards, the property owner or tenant shall abate the nuisance to the satisfaction of the appropriate City agency.
E.
Liquid or solid waste. The applicant shall utilize the best practicable method known for the disposal of solid or liquid-carried waste for the proposed use. The discharge of any waste material whatsoever into any watercourse shall be prohibited, except when in accordance with existing MDE and other applicable regulatory requirements. All methods of sewage and waste treatment and disposal shall be approved by the City of Havre de Grace and any other applicable local or state agency. The Department of Public Works shall investigate the character and volume of all waste or sewage and shall certify that the City will accept the discharge of the waste material into the local sewage system and treatment facilities. The applicant shall comply with any requirements of the City, including an industrial discharge permit and the pretreatment and/or ongoing monitoring and reporting of such wastes and other methods of improving such wastes prior to discharge, such as the use of grease traps, as a condition of acceptance by the City. After the use has commenced, the City shall have the authority to require the owner or tenant to certify compliance. Non-compliance shall require the submission of a remediation plan for review and approval by the City. All monitoring and reporting required herein shall be submitted to the Director of Public Works or his or her designee.
F.
Noise and vibration.
(1)
All uses and activities shall comply with noise and vibration standards promulgated by the State of Maryland. Further, no use shall cause an increased vibration beyond the limits of the property on which such use is located.
(2)
When reviewing an application for development, the applicable City agency may in specific cases accept credible evidence by the applicant, provided by sworn testimony from a professional engineer or architect licensed in the State of Maryland and experienced in the field of acoustical engineering, that the proposed use of the premises will comply with appropriate state requirements.
(3)
Events sponsored or authorized by the City of Havre de Grace shall be exempt from the requirements of Subsection F to the extent that they are not regulated by a federal, state or county agency, and that the duration of the event is temporary in nature.
(4)
All uses shall comply with Chapter 116 of the City Code regarding Noise.
G.
Glare. Lighting shall be designed and controlled so that any light shall be shaded, shielded or directed so that the light intensity or brightness does not adversely affect the operation of vehicles or reflect onto residential lots or buildings. There shall be no direct or sky-reflected glare exceeding 0.5 candles measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives or for athletic or other events sponsored or authorized by the City of Havre de Grace, to the extent that they are not regulated by a federal, state or county agency, and that the duration of the event is temporary in nature. Also, no property located along a state or federal highway shall install lighting that, in the opinion of the Director of the Department of Public Works, or his or her designee, shall cause a hazard to motorists due to glare, intensity or direction.
H.
Traffic and access management.
[Amended 7-1-2019 by Ord. No. 1020]
(1)
At the discretion of the Director of Public Works and/or the Director of Planning, a traffic impact analysis (TIA) may be required to be submitted if a proposed use of land, building or subdivision will generate more than 249 trips per day, or other operational issues have been identified. Mitigation may be required at intersections where the level of service (LOS) has been negatively impacted by the proposed development, or the study identifies other operational issues.
(a)
The TIA shall be completed in accordance with the most recent version of Harford County's Traffic Impact Analysis Guidelines.
(b)
The TIA shall be approved and required mitigation determined before the issuance of a building permit, certificate of occupancy, or a hearing before the Planning Commission or Board of Appeals, whichever comes first.
(c)
At the expense of the applicant, the City may retain a third-party consultant to review the TIA and make recommendations. If a third-party consultant will be utilized, the City will notify the applicant and provide a cost estimate for the review.
(d)
The conclusions of the TIA shall be valid for two years from the time of approval by the City.
(e)
If the Director of Public Works determines a developer is required to mitigate trips generated from the proposed project site, then the developer shall construct the improvements as stipulated by the Department of Public Works. In the event that the Department of Public Works determines that the developer is unable to provide the improvements because of the inability to acquire the necessary rights-of-way, the physical constraints of the property or county, state or federal regulations, all of which are beyond the control of the developer, then the developer may:
[1]
Propose an improvement at another location where the Director of Public Works has identified an operational issue; or
[2]
Pay a fee in lieu of the improvements in the amount of 100% of the funds necessary to cover the costs of the improvements as determined by the City. The funds shall be used for other roadway improvements, such as bicycle and pedestrian projects, sidewalk construction and replacement and safety improvements on, or adjacent to, City streets.
(f)
The Director of Public Works and/or the Director of Planning shall determine the timing of improvements. Improvements may be phased for larger projects at the discretion of the Directors.
(2)
Access permits.
(a)
Any permanent construction within the City right-of-way will require an applicant to obtain an access permit from the Department of Public Works prior to commencement of construction. Permanent construction includes the construction of driveways, new roads and any other permanent structures within the City right-of-way.
(b)
All accesses constructed to a City right-of-way are required to meet the Harford County Road Code, including the paving of that portion of the driveway within the right-of-way.
(c)
All construction must meet minimum sight distance requirements within the Harford County Road Code.
(d)
All construction must be approved and inspected by the Department of Public Works prior the issuance of a certificate of occupancy.
(e)
All construction shall maintain minimum clearances from all water, sewer, storm drain and other utilities. One foot of vertical clearance and five feet of horizontal clearance are required. The Director of Public Works may authorize a reduction in the clearances due to constraints.
(3)
There shall be no ingress or egress to any building or premises except from streets, alleys, private roads, sidewalks, doorways, or other means of ingress or egress approved by the City agency.
(4)
Facilities for pedestrians and cyclists, such as sidewalks and parking facilities, shall be provided where appropriate.
I.
Outdoor storage and display.
(1)
All outdoor storage shall conform to Subsection J of this section. No outdoor storage area shall exceed 20% of the ground floor area of the principal building, nor shall any such area be located in a front yard.
(2)
Outdoor storage or display of merchandise related to nurseries, garden centers, crop farms, or similar uses shall not be subject to this section.
(3)
No motor vehicle, tractor trailer container, converted or retrofitted tractor trailer containers, or other storage container of any kind, or portion thereof, shall be used for storage of materials, except during the course of construction at or on the premises or for temporary storage, not more than 30 days pending a move from one location to another.
(4)
The storage of recreational vehicles, boats, trailers, food trucks, campers and similar conveyances, or portions thereof, shall conform to regulations located elsewhere herein.
J.
Screening. For all commercial, industrial and institutional uses, when so required by the Planning Commission and/or the Board of Appeals, permitted outdoor uses, structures and other appurtenances, including, but not limited to, roof- and ground-mounted equipment, parking and loading areas, garbage and trash receptacles and outdoor storage areas, shall be located within enclosures or structures and/or shall be otherwise adequately screened from public view, from adjacent properties and streets, as determined by the City of Havre de Grace agency, excepting such exemptions as may be permitted pursuant to § 205-11I(3) above.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 205-11 as § 205-11.1.
§ 205-11.1 Severability of provisions.
The several provisions of this chapter are separable. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, structure or use, such judgment shall not affect the application of such provision to any other property, building, structure or use.
