Myersville City Zoning Code
ARTICLE X
Village Center District
§ 165-65 Intent.
The Village Center District is intended to provide a central area for frequent shopping, service, and office and entertainment establishments to service the needs of the entire community, while maintaining the basic character of the area in which they are located. The uses permitted in this district should be of such character as to provide for residential living areas, comparative shopping needs, service and repair needs, specialized commercial activities and those establishments which cater primarily to pedestrian traffic. The location of such areas should be such that stores and commercial activities can be grouped together in an attractive and convenient manner. It is essential that areas for this district have excellent accessibility on various types of thoroughfares that service the community and surrounding area.
§ 165-66 Permitted uses.
No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:
A.
Parks and other recreation areas of a nonprofit nature.
B.
Single-family detached dwellings.
[Amended 1-8-2019 by Ord. No. 2018-10]
C.
Houses of worship.
[Amended 1-8-2019 by Ord. No. 2018-10]
D.
Private and public schools.
[Amended 1-8-2019 by Ord. No. 2018-10]
E.
Single-family attached dwellings. (For townhouse standards, see § 165-56.)
[Amended 1-8-2019 by Ord. No. 2018-10]
F.
Multifamily dwellings.
[Amended 1-8-2019 by Ord. No. 2018-10]
G.
Public buildings and facilities.
H.
Home occupations.
I.
Clubrooms, club grounds, meeting halls.
J.
General merchandise, variety or department stores, retail.
K.
Food, groceries, retail.
L.
Apparel and accessories, retail.
M.
Furniture, home furnishing and equipment, retail.
N.
Paint, glass, wallpaper and hardware, retail.
O.
Heating, plumbing and electrical equipment, retail.
P.
Finance, insurance and real estate services.
Q.
Personal services, laundry, barber, beautician, funeral.
R.
Business services, advertising, employment, consulting.
S.
Professional services, medical, dental, legal, engineering.
T.
Commercial recreation.
U.
Private and commercial schools, dance, business, day care, trade.
V.
Recreational beekeeping, provided that:
[Added 4-10-2012 by Ord. No. 2012-04]
(1)
Hives may only be placed or situated on a side yard or a rear yard, shall be at least 25 feet from the nearest property line and shall be at least 50 feet from the nearest primary structure which is located on an adjacent or adjoining property.
(2)
A source of water, either natural or artificial, shall be located on the property where the hive or hives are located. The water source or combination of water sources shall have a surface area of at least 10 square feet and shall be at least 10 feet from the nearest property line.
(3)
For property lots of 9,000 square feet to 22,000 square feet, a maximum of two hives are permitted, and one additional hive is permitted for each additional 22,000 square feet of lot size.
W.
Recreational keeping of agricultural animals, provided that:
(1)
For property lots of 9,000 square feet to 22,000 square feet, a maximum of five chickens are permitted, or a combination of four chickens and one other agricultural animal. One additional agricultural animal shall be permitted to be kept for each additional 22,000 square feet of lot size.
(2)
There shall be no age restrictions on keeping of agricultural animals other than as proscribed in Subsection W(1).
(3)
No roosters may be kept.
(4)
No person shall slaughter any agricultural animals on the premises.
(5)
All chickens with clipped wings shall be confined at all times within a fully enclosed rear yard with fences or walls at least four feet in height. For all other instances where agricultural animals are kept, they must be confined at all times in fully enclosed rear yards with fences or walls six feet in height.
[Amended 1-8-2019 by Ord. No. 2018-10]
(6)
Furthermore, all chickens shall additionally be provided an enclosed accessory building which may be in the form of a coop. Before utilizing a coop for chickens, the owner of the chickens shall comply with all state and/or county regulations related to the raising of chickens as provided in § 51-10.
(a)
No pen or coop may be closer than 25 feet to any property line, and it shall be at least 50 feet from the nearest primary structure which is located on an adjacent or adjoining property.
(b)
Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.
(c)
Electrical connections to a coop shall require a Town zoning certificate and meet Frederick County permit requirements, as applicable.
§ 165-67 Special exception uses.
The Board of Appeals may authorize the following principal uses as special exceptions in accordance with § 165-87:
A.
Other repair services, small electrical appliances, upholstery, jewelry.
B.
Cemeteries.
C.
Public utility structures and buildings.
D.
Rooming houses, residential conversions.
E.
Convalescent or nursing homes.
F.
Eating and drinking establishments, restaurants, etc.
G.
Contract construction services.
H.
Shopping centers.
I.
Research laboratories.
J.
Assembly of electronic apparatus.
K.
Clothing manufacturing.
§ 165-68 Accessory uses.
[Amended 4-11-2017 by Ord. No. 2017-04]
Permitted accessory uses are accessory buildings and uses customarily incidental to any principal use or authorized special exception uses in the VC District and include:
A.
Private garages.
C.
Private swimming pools.
[Amended 11-14-2023 by Ord. No. 2023-09]
D.
Utility sheds or buildings.
E.
Accessory dwelling units, provided that:
[Added 11-14-2023 by Ord. No. 2023-09]
(1)
The minimum side yard width requirement for the structure is equal to that of a single-family detached dwelling unit within the VC District.
(2)
The minimum rear yard distance requirement for the structure is equal to 1/2 of the minimum rear yard distance requirement for a single-family detached dwelling unit within the VC District.
(3)
The structure does not penetrate the front yard area beyond the front facade of the primary structure.
(4)
The total livable area of the accessory dwelling unit is no greater than 700 square feet, not to include crawl spaces, attics, car ports, and other areas not deemed suitable for human habitation.
(5)
There is no more than one (1) accessory dwelling unit permitted per lot of record.
(6)
A structure not permananetly attached to or contained within the building footprint of the primary residential structure shall not be constructed more than 16 feet in height.
(7)
The structure is constructed in a permanent manner and does not include mobile home units, vehicles, or watercraft or any portions thereof.
(8)
The structure does not directly connect to municipal water or sewer utility mains or trunk lines.
§ 165-69 Special conditions.
[Amended 4-11-2017 by Ord. No. 2017-04]
For all uses in the VC District, the following requirements shall be met:
A.
[1]Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of public nuisance as determined by the Town or appropriate regulating authority.
[1]
Editor's Note: Former Subsection A, which provided that all businesses, services or processing shall be conducted wholly within a completely enclosed building or approved enclosure, was repealed 9-14-2021 by Ord. No. 2021-06. This ordinance also redesignated former Subsections B and C as Subsections A and B, respectively.
§ 165-70 Height limitation.
[Amended 4-11-2017 by Ord. No. 2017-04]
No new structure built after April 2, 2002, in the VC District shall exceed 2 1/2 stories or 40 feet in height.
§ 165-71 Lot area, width and yard minimum requirements.
[Amended 4-11-2017 by Ord. No. 2017-04]
Minimum lot area and width requirements shall be determined by the Planning Commission. For all new structures built after April 2, 2002, in the VC District, the minimum yard areas shall be as follows:
§ 165-72 Site improvement plans required.
[Amended 10-11-2005; 4-11-2017 by Ord. No. 2017-04; 6-14-2022 by Ord. No. 2022-03]
Whenever any new us e- is to be established within the Village Center (VC) District after April 2, 2002, a site improvement plan of development must be submitted to the planning commission and approved by it. At a minimum, said site improvement plan shall conform to the site plan checklist,[1] as provided by the Town, for such submission. The site improvement plan shall illustrate how the proposed use conforms to all specifications and requirements of the district. New principal structures in the VC District shall be compatible with the massing, size, scale, materials, and architectural features of nearby buildings, so as to present an aesthetically pleasing and finished appearance as viewed from all sides. Loading docks, service areas or other similar features shall be screened from view from all public street and adjoining residential districts. To ensure aesthetically pleasing development compatible with adjacent or neighboring buildings, all applications for site plan approval shall include architectural plans, elevations, and architectural renderings or other information concerning the design and materials of the proposed building.
A.
Site plan format. The site plan shall comply with the plan requirements of Chapter 130, Subdivision and Land Development.
B.
Site plan fee. A fee shall be paid by the applicant for each site plan when submitted to the Planning Commission to partially defray the costs of examination and consideration of the site plan in accordance with these regulations. Such fees shall be established, from time to time, by the Town Council upon the recommendation of the Planning Commission. The fee schedule shall be maintained on file in the office of the Town Clerk.
[1]
Editor's Note: The site plan checklist is on file in the Town offices.