Leonardtown City Zoning Code
ARTICLE II
R-SF Single-Family Residential District
§ 155-10 General provisions.
The regulations set forth in this article or elsewhere in this chapter are the regulations in the R-SF Single-Family Residential District. The purpose of this district is to provide for single-family residential development of spacious character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. This district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future.
§ 155-11 Permitted uses.
No building or premises shall be erected, structurally altered, enlarged or maintained nor shall any land be used, except for the following purposes:
A.
Single-family dwellings, detached.
B.
Home occupations.
C.
Temporary buildings, the uses of which are incidental to construction operations or sales of lots during development being conducted on the same or an adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is the sooner.
D.
Accessory buildings and uses, provided that such accessory buildings are not used for housekeeping purposes.
E.
Religious institutions, including churches, parish halls, temples, convents and monasteries.
§ 155-12 Special exception uses.
The following uses of land and buildings within the R-SF District shall be allowed only by special exception to this chapter, granted only by the Board of Zoning Appeals. Standards and procedures for special exceptions are contained in Article XVII.
A.
Cemetery, including a crematorium if located at least 200 feet from the boundaries of the cemetery.
B.
Private recreational areas, with the following provisions:
(1)
All such areas shall be located on a lot with a minimum area of three acres.
(2)
Facilities shall be limited to those for games and outdoor uses. Indoor facilities shall include only meeting rooms and locker rooms. Games and building locations shall not be located within 25 feet of the side lot lines and 25 feet of the rear lot lines.
(3)
Appropriate fencing and screen planting of all outdoor activity areas shall be required. If parking areas are outside this fencing, then appropriate screening of at least 3 1/2 feet in height shall be constructed around parking areas to protect adjoining property from headlights. The Town Commissioners may require the applicant to file with the Town Clerk a performance bond during the period of construction, reconstruction or alteration, such bond to be in an amount determined by the Town Commissioners to be sufficient to insure completion of landscaping and parking plans as submitted.
(4)
Any pumps and filters which are located above ground shall be at least 50 feet from abutting properties.
(5)
All lights shall be shielded to reflect or direct light away from adjoining property.
(6)
The required off-street parking space shall be computed on the basis of one space for each 5,000 square feet of park area. When pool facilities are included as part of the private recreational facilities, one additional parking space shall be provided for each 100 square feet of pool area. The parking layout and surfacing shall be approved by the Town.
C.
Private educational institutions.
D.
Public utility installations, including substations and transmission lines, for sewer, water, gas and telephone lines.
E.
Hospitals and sanatoriums, but not animal hospitals or clinics.
F.
Bed-and-breakfast inns, with the following provisions:
(1)
Meals shall be limited to transient guests only. The use of the premises is limited to transient guests and the owner/manager. The kitchen shall not be remodeled into a commercial kitchen unless required by the Health Department.
(2)
No long-term rental of rooms shall be permitted. The maximum stay for guests shall not exceed 14 days.
(3)
The structure shall serve as the primary residence of the owner or manager, and the bed-and-breakfast use shall be operated as an accessory use to the owner's or manager's residence.
(4)
The internal living area and private open area for the owner's and manager's residential use shall be consistent with the underlying zone requirements. A minimum of 40 square feet of common area per guestroom shall be provided. Common areas are dining rooms, reading rooms, living rooms and the like, available to all guests.
(5)
Bed-and-breakfast inns shall be required to comply with the St. Mary's County Health Department's requirements.
(6)
Clearance must be received by the Planning Commission from the Fire Department prior to issuance of an occupancy permit.
(7)
A county business license must be obtained prior to operation.
(8)
Two parking spaces, plus one additional space per room to be rented, must be provided. The Town's intent is to maintain existing yards and landscaping. If the applicant is unable to provide on-site parking without destroying existing yards and landscaping, it should provide the Planning Commission with an alternative plan for parking within 300 feet of the structure.
(9)
No cooking facilities shall be allowed in the guestrooms.
(10)
One sign with a maximum size of six square feet may be displayed at a maximum height of 5 1/2 feet. Its size, color, text, illumination and location shall be covered by the project permit. The words "hotel" or "motel" shall not be allowed.
(11)
No retail sales, receptions, private parties, etc., shall be permitted.
(12)
The permit to allow the bed-and-breakfast use shall be issued for a period not to exceed two years. Any permit issued is nontransferable. The permit is subject to review at any time and may be revoked after a hearing by the Planning Commission and finding by the Planning Commission that the use has become detrimental to the surrounding neighborhood. No additional fees shall be charged for renewal of permits.
(13)
The number of rooms permitted in the bed-and-breakfast inn shall be specified in the conditional use permit.
(14)
The structure in which the bed-and-breakfast inn is located shall be at least 50 years of age.
(15)
Any changes to the structure of the building, both exterior and interior, required to meet any of the other requirements of this chapter must be reviewed by the Planning Commission prior to the issuance of a conditional use permit.
(16)
Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use.
G.
Accessory apartments. Accessory apartments on lots occupied by a single-family residential use, subject to the following standards and requirements:
[Amended 5-9-2011 by Ord. No. 149]
(1)
The principal or accessory unit must be owner-occupied for a period not less than seven months in every calendar year.
(2)
The accessory apartment shall be clearly subordinate to the single-family dwelling.
(3)
The accessory unit must occupy no more than 35% of the floor area of the principal residential structure and shall have a minimum floor area of 350 square feet and a maximum floor area of 900 square feet.
(4)
At least two off-street parking spaces shall be available for each unit, and parking must be screened or placed appropriately to ensure compatibility with the surrounding neighborhood and to reduce visual impact.
(5)
The accessory apartment shall be constructed so that, to the degree reasonably feasible, the appearance of the building remains that of the single-family residence. Any separate entrance shall be located so the appearance of a single-family home is preserved.
(6)
If the apartment is not a part of the dwelling, it shall be located within 50 feet of the dwelling, shall satisfy the yard requirements or setbacks applicable to residential uses in the R-SF district, and in no case shall it contain less than 350 square feet nor more than 900 square feet in gross floor area of enclosed space, including enclosed porches.
(7)
Both units shall have adequate water and sewer facilities.
(8)
No more than one accessory apartment may be permitted on one lot.
(9)
No accessory apartment may be used for commercial accommodations or summer rentals.
§ 155-13 Height, bulk and area requirements.
[Amended 5-9-2011 by Ord. No. 149; 1-13-2014 by Ord. No. 162]
A.
All standards are summarized in Chart A, Height, Area and Bulk Requirements.[1] All uses, structures and buildings listed as permitted or approved as special exception in this district shall be located on a lot having a net area of at least 10,000 square feet, with a minimum lot width of 70 feet and a minimum lot depth of 100 feet. The front yard shall have a minimum depth of 25 feet, a minimum width of each of two side yards of eight feet, and a total aggregate width of 18 feet for both side yards, and a minimum depth of rear yard of 25 feet.
[1]
Editor's Note: Chart A is included at the end of this chapter.
B.
Paved driveways required. All new single-family, two-family or multifamily residential structures with driveways, turn-arounds or parking areas with ingress or egress off of a public street must be paved. Acceptable paving materials include concrete, hot mix asphalt, pervious pavers or other acceptable paving material approved by the Town. A permanent certificate of occupancy will not be issued until a paved driveway in compliance with the Town Code has been constructed.
§ 155-14 Home occupations.
Home occupations in residential districts, within the context of the definition of "home occupations" provided in this chapter, are permitted, subject to the following:
A.
No persons other than members of the family residing on the premises shall engage in such occupation.
B.
The use of the dwelling unit for the home occupation shall be clearly incidental and clearly subordinate to its use as a residence, and not more than 200 square feet of the floor area of the dwelling unit shall be used to conduct such occupation.
C.
There shall be no change in the outside appearance of the building or premises other than one sign limited to two square feet in area.
D.
No home occupation shall be conducted in any accessory building.
E.
There shall be no sales, other than products produced by the approved home occupation, on the premises in connection with the occupation.
F.
No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable outside of the dwelling unit. The Board of Appeals may approve a home occupation in any district as a special exception use which does not meet the standards stated above.