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Havre De Grace City Zoning Code

ARTICLE VII

RB Residential Business District

§ 205-26 Purpose; principal permitted uses.

[Amended 5-4-2009 by Ord. No. 904; 5-3-2010 by Ord. No. 914]
A. 
This district is comprised almost entirely of the older sections of the City. Most of it lies within the City's recognized National Historic Register District. It is diverse in character, containing the downtown commercial area, a large residential component of single-family and multifamily dwellings, and the intensely developed area (IDA) of the City's Chesapeake Bay Critical Area waterfront. It is intended to allow for compact urban residential areas with convenient public services and commercial uses that are compatible with nearby residential neighborhoods.
B. 
The following are principal permitted uses in the Residential Business District:
(1) 
Single-family detached dwellings meeting Lot Specification C, Table I.
(2) 
Townhouse dwellings meeting Lot Specification GG, Table I, and the requirements of this chapter.
(3) 
Single-family detached lane frontage dwellings meeting Lot Specification CC, Table I, and the requirements of this chapter.
(4) 
Community facilities.
(5) 
Family day-care homes.
(6) 
Utility lines.
(7) 
Offices.
(8) 
Health care facilities.
(9) 
Marinas.
(10) 
Retail sales and services.
(11) 
Banks.
(12) 
Personal service shops.
(13) 
Passenger terminals.
(14) 
Theaters.
(15) 
Restaurants.
(16) 
Temporary outside sales not exceeding three consecutive days per week.
(17) 
Cultural art center/visitor center.
(18) 
Museum.
(19) 
Banquet hall.
(20) 
Catering facilities.
(21) 
Childcare facility.
[Amended 7-16-2018 by Ord. No. 1007]
(22) 
Laboratory.
(23) 
Reception or meeting hall.
(24) 
Specialty shop.
(25) 
Studio, fine arts.
(26) 
Transportation terminal.
(27) 
Breweries, wineries and distilleries, subject to the following standards:
[Added 4-16-2018 by Ord. No. 1001; amended 4-15-2019 by Ord. No. 1014]
(a) 
When located within the Downtown Business District as identified in the City's Comprehensive Plan, no more than 15,000 square feet of a structure may be dedicated to the production of alcoholic beverages.
(b) 
These uses shall not be subject to any setback requirements contained in Table I if located in the Downtown Business District.
(c) 
The sale and consumption of alcoholic beverages shall only be permitted within an enclosed building unless the facility has an outdoor dining area or bar that has received appropriate permits and approvals from the City and from the Liquor Control Board of Harford County, if so required.
(d) 
Live entertainment shall not be permitted outside of the establishment past 8:00 p.m. Sunday through Thursday, and not past 10:00 p.m. Friday and Saturday.
(28) 
Boutique hotels:
[Added 4-15-2019 by Ord. No. 1014]
(a) 
Hotels shall not be subject to the setback requirements of Table I if located in the Downtown Business District as identified in the City's Comprehensive Plan.

§ 205-27 Conditional uses.

[Amended 5-4-2009 by Ord. No. 904]
The Board of Appeals may permit the following conditional uses:
A. 
Single-family detached dwellings meeting Lot Specification D, Table I.
AA. 
CBD shops and all cannabis uses as defined under the City Code, provided that another CBD shop or cannabis entity is not located within 1,000 feet.
[Added 4-3-2023 by Ord. No. 1099]
B. 
Single-family attached dwellings.
C. 
Townhouse dwellings meeting Lot Specification E, Table I, and the requirements of this chapter.
D. 
Accessory dwelling units meeting the requirements of this chapter.
[Amended 8-21-2023 by Ord. No. 1113]
E. 
Multifamily dwellings.
F. 
Rooming houses, bed-and-breakfasts and corporate housing.
G. 
Parking facility or parking lot.
[Amended 5-3-2010 by Ord. No. 914]
H. 
Churches meeting Lot Specification H, Table I.
I. 
Schools.
J. 
Clubs, provided that any principal building or swimming pool shall be located not less than 100 feet from any other lot in any residential district.
K. 
Public utility structures.[1]
[1]
Editor's Note: Former Subsection L, Cemeteries, which immediately followed this subsection, was repealed 5-3-2010 by Ord. No. 914, which ordinance also redesignated former Subsections M through AA as Subsections L through Z, respectively.
L. 
Funeral establishments, provided that a principal vehicular access shall be located on the public right-of-way and site illumination shall be limited to parking areas and landscaped areas.
M. 
Gas stations, provided that no such use shall be permitted within the Chesapeake Bay at mean high tide critical area as shown on the Critical Area Map.
[Amended 9-15-2014 by Ord. No. 960]
N. 
Hotels with more than 25 rooms meeting Lot Specification F, Table I. [2]
[Amended 5-3-2010 by Ord. No. 914; 4-16-2018 by Ord. No. 1001; 4-15-2019 by Ord. No. 1014]
[2]
Editor's Note: Former Subsection P, Warehouses, and Subsection Q, Bulk petroleum and sales, which immediately followed this subsection, were repealed 5-3-2010 by Ord. No. 914, which ordinance also redesignated former Subsections R through AA as Subsections O through X, respectively.
O. 
Retail sales and services meeting Lot Specification O, Table I.
[Amended 5-3-2010 by Ord. No. 914]
P. 
Temporary commercial circuses and carnivals, provided that:
(1) 
Occupancy permits may be issued for a period not exceeding seven days.
(2) 
A minimum lot area of one acre shall be provided.
Q. 
Bakery meeting Lot Specification O, Table I.
R. 
Laundry, clothes cleaning, dyeing, carpet cleaning and linen supply meeting Lot Specification O, Table I.[3]
[3]
Editor's Note: Former Subsection V, Wholesaling, which immediately followed this subsection, was repealed 5-3-2010 by Ord. No. 914, which ordinance also redesignated former Subsections W through AA as Subsections S through W, respectively.
S. 
Offices meeting Lot Specification O, Table I.
T. 
Retail sales meeting Lot Specification O, Table I.
U. 
Banks meeting Lot Specification O, Table I.
V. 
Personal service shops meeting Lot Specification O, Table I.
W. 
Restaurants meeting Lot Specification O, Table I.
X. 
Amusement center.
[Added 5-3-2010 by Ord. No. 914]
Y. 
Community residential facility.
[Added 5-3-2010 by Ord. No. 914]
Z. 
Auto repair or service center.
[Added 9-15-2014 by Ord. No. 960]

§ 205-28 Accessory uses and structures.

Accessory structures shall not be located in a front yard and shall not occupy more than 50% of the entire yard. Accessory structures and uses customarily incidental to any principal permitted use or conditional use shall be permitted without hearing and shall include, but not be limited to:
A. 
Off-street parking.
B. 
Garden houses, toolhouses, swimming pools, playhouses, private garages, or greenhouses, provided that these structures are not used for commercial purposes and do not produce dust, odor or other nuisances.
C. 
Other customary accessory uses and structures, provided that such uses and structures are clearly incidental to the principal use.
D. 
Freestanding walls.
E. 
[1]Home occupation.
[1]
Editor's Note: Former Subsection E, which listed one additional dwelling unit in a single-family detached structure as an accessory structure, was repealed 11-7-2022 by Ord. No. 1086. This ordinance also redesignated former Subsections F through H as Subsections E through G.
F. 
One coin-operated amusement device per use plus one additional coin-operated amusement device for each 1,500 square feet of floor area of the interior of the premises actually devoted to the principal use not to exceed four such devices shall be permitted as accessory to such uses which are not entertainment, leisure or recreation oriented. All coin-operated amusement devices lawfully in use prior to February 1, 1983, shall be permitted to remain in use.
G. 
Attached or detached decks, provided that:
(1) 
No part of a deck shall be constructed closer than 10 feet to the rear property line of the lot.
[Amended 5-4-2009 by Ord. No. 904]
(2) 
No part of a deck shall be constructed closer to a side property line than the minimum side yard setback distance of the principal dwelling structure, as applies to this district, and specified for permitted and conditional uses in Table I herein, and no part of a deck shall be constructed closer than two feet to a side property line in any case.
(3) 
No part of a deck that extends closer to the rear property line than the minimum rear setback distance of the principal dwelling structure, as applies to this district, and specified for permitted and conditional uses in Table I herein, shall be enclosed above or below its floor deck with privacy fencing, solid guards, latticework or other visual barriers except open guardrailings and support columns.
(4) 
No part of a deck that extends closer to the rear property line than the minimum rear setback distance of the principal dwelling structure, as applies to this district, and specified for permitted and conditional uses in Table I herein, shall be constructed with its floor level higher than the main living floor of said principal dwelling.

§ 205-28.1 Prohibited uses

[Added 4-3-2023 by Ord. No. 1099[1]]
A. 
The following uses are prohibited in the RB/Residential Business zoning district. Uses listed below that are currently operating at the time this law is passed will be considered nonconforming:
(1) 
Bail bond business.
(2) 
Body art establishment.
(3) 
Cannabis growing and processing facilities.
(4) 
Cash for gold business.
(5) 
Pain management clinics.
(6) 
Pawn shops.
(7) 
Payday advance business.
[1]
Editor's Note: This ordinance also renumbered previous § 205.28.1 as § 205.28.2.

§ 205-28.2 Publicly owned waterfront parcels.

[Added 11-2-2015 by Ord. No. 972]
A. 
Any publicly owned waterfront parcel of property may have the following principal permitted uses:
(1) 
Marinas with public water access.
(2) 
Restaurant with public water access.
(3) 
Museum with public water access.
(4) 
Parking lot with public water access.
(5) 
Public park with public water access.
B. 
The Board of Appeals may permit the following conditional uses:
(1) 
Hotel with public water access.
(2) 
Banquet hall with public water access.
(3) 
Multifamily dwelling with public water access.
(4) 
Bed-and-breakfast with public water access.
C. 
The public water access required by this section places as a condition of development that the property owner submit to the Mayor and City Council a concept plan for approval prior to the submission of any site plan to the Department of Planning or the City Planning Commission, showing direct access to the water for use by the public in a manner that is consistent with the public use of the City Yacht Basin, the Promenade, Hutchins Park, Jean Roberts Park, and David Craig Park.
D. 
The area used for public water access may be used to satisfy any open space requirements.
E. 
The maximum height of any structure on the real property is 30 feet.