Myersville City Zoning Code
ARTICLE II
General Requirements
§ 165-4 Conformance required.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or structurally altered except in conformity with the regulations herein specified for the district in which it is located.
§ 165-5 Nonconforming uses.
A lawful nonconforming use existing on the effective date of the adoption of this chapter may continue, provided that upon any change from such nonconforming use to any permitted use whatsoever, or any abandonment or discontinuance of such nonconforming use for a period of one year or more, or in case any nonconforming business or manufacturing structure shall be damaged by fire or other casualty to the extent of 75% of its replacement cost at the time of such loss, the right to continue or resume such nonconforming use shall terminate. Nonconforming uses may be expanded upon the approval of a special exception by the Board of Appeals.
§ 165-6 Unsafe buildings.
[Amended 10-11-2005]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by a proper authority in accordance with the Frederick County Permits and Inspections Code.
§ 165-7 Road frontage required.
Except as otherwise permitted by provisions of this chapter, no lot shall contain any building used for residence purposes unless such lot abuts for at least 35 feet on a road as herein defined.
§ 165-8 Accessory buildings.
A.
One-story accessory structures, including storage containers as defined within § 1-16, Word usage; terms defined, of the Code of the Town of Myersville, are permitted and shall be distant at least six feet from any lot lines of adjoining lots.
[Amended 10-11-2005; 1-11-2022 by Ord. No. 2021-13]
B.
Accessory buildings may be erected as a part of the principal buildings or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided that all yard requirements for a principal building are met.
C.
Accessory structures shall only be erected in the rear yard area of a lot. Accessory structures may not be erected in a side yard or within front yard areas of a lot.
[Added 7-9-2024 by Ord. No. 2024-03]
D.
Accessory structures, no greater than 150 square feet in total area, may be temporarily erected in front yard and side yard areas of a lot for a period of no more than 90 cummulative days in any given calendar year and for a period of no more than 100 consecutive days regardless of the calendar year.
[Added 7-9-2024 by Ord. No. 2024-03]
E.
Accessory structures, incidental to institutional uses, no greater than 10 square feet in total area, may be erected anywhere on a lot so long as they are distant at least six feet from any lot lines of adjoining lots and 10 feet from any boundary lines of any public right-of-way.
[Added 7-9-2024 by Ord. No. 2024-03]
§ 165-9 Corner lots.
In any district on any corner lot, no structure or planting shall be erected or maintained greater than 3.5 feet above street grade within 25 feet of the intersection of the road right-of-way lines of local and collector streets and 50 feet for arterial or major streets. For all corner lots, two front yards abutting the streets and two side yards shall be provided.
§ 165-10 Use of temporary buildings at construction sites.
Temporary buildings, including trailers used for residential purposes, may be used incidental to construction work complying with the requirements of the Health Department, which buildings shall be removed upon the completion or abandonment of the construction work or within the period stated on the zoning certificate.
§ 165-11 Essential services.
A.
The following essential services of public utility, municipal or other governmental agencies are permitted in any district, provided that a comprehensive plan for such service is submitted for the review and approval of the Town Planning Commission:
(1)
Substations for transforming, boosting, switching or pumping purposes;
(2)
Underground or overhead systems for electrical, gas, communication, steam, water or sewer transmission, distribution, collection supply or disposal;
(3)
The previously mentioned systems include lines, poles, guy wires, towers, repeaters, boosters, transformers, regulators, pumps, mains, drains, sewers, pipes, conduits, wires, cables, traffic signals and similar accessories and equipment used in conjunction with and constituting an integral part of such systems.
B.
The Planning Commission's review of essential services will assure that the proposals are in accordance with the Town Comprehensive Plan; do not unnecessarily form an obstruction to movement and community growth; and do not prove themselves objectionable by reason of hazard, unsightliness, odor, smoke, gas fumes, noise, vibration, radiation, refuse matter or water-carried waste. Once a long-range plan is approved, erection or construction of parts thereof can proceed according to the approved plan without individual approval.
[Amended 4-11-2017 by Ord. No. 2017-04]
§ 165-12 Transient enterprises.
Circuses, carnivals or similar transient enterprises may be permitted in any district, provided that a site plan is approved by the Planning Commission, and provided that such activities are conducted on a lot of no fewer than five acres and no structure or use of land shall be less than 200 feet from any adjacent lot. Such operations shall be limited to a fifteen-day period.
§ 165-13 Prohibited uses.
A.
Billboards are prohibited in all districts.
B.
Private or public rifle shooting ranges are prohibited in all districts.
C.
Junkyards are prohibited in all districts.
[Amended 4-11-2017 by Ord. No. 2017-04]
D.
Salvage yards of any waste materials are prohibited in all districts.
[Amended 4-11-2017 by Ord. No. 2017-04]
E.
Mobile homes used as permanent dwellings are prohibited in all districts.
[Amended 4-11-2017 by Ord. No. 2017-04]
F.
Any use in conflict with any ordinance of Frederick County or law of the State of Maryland regulating nuisances is prohibited in all districts.
[Amended 4-11-2017 by Ord. No. 2017-04]
G.
Truck stops are prohibited in all districts.
[Added 3-8-2005]
H.
Video lottery facilities are prohibited in all districts. This provision does not apply to gaming permitted under Frederick County Code § 1-2-101 et seq.
[Added 11-8-2005 by Ord. No. 2005-7]
J.
Skep beehives.
[Added 4-10-2012 by Ord. No. 2012-04]
K.
Exotic animals. Keeping, harboring, breeding or possession of exotic animals is prohibited in all zoning districts except for the following:
[Added 7-9-2013 by Ord. No. 2013-07]
(1)
A lawful and accredited zoological park or aquarium which complies with this chapter and all other local, state and federal laws.
(2)
A lawful and accredited wildlife sanctuary or nature preserve which complies with this chapter and all other local, state and federal laws.
(3)
A lawful and accredited scientific, medical or educational research facility which complies with this chapter and all other local, state and federal laws.
§ 165-14 Off-street parking.
A.
Size of parking space. Each parking space shall not be less than nine feet wide and 20 feet long, exclusive of passageways and driveways appurtenant to the space and giving access to it. Where five or more parking spaces are required, the total parking area, including passageways and driveways, must average 300 square feet per required parking space.
B.
Spaces required. Off-street parking spaces must be provided for each building erected or enlarged in accordance with the following schedule:
[Amended 9-11-2018 by Ord. No. 2018-07; 11-14-2023 by Ord. No. 2023-11]
Land Use | Minimum of One Parking Space for Each | |
|---|---|---|
Single-family detached dwelling or duplex dwelling | 1/2 dwelling unit (2 spaces per dwelling unit) | |
Townhouse dwelling or multifamily dwelling | 2/5 dwelling unit (2 1/2 spaces per dwelling unit) | |
Boardinghouse | Bedroom | |
Hotel or motel | Guest sleeping room | |
Office | 300 square feet of gross floor area | |
Retail | 250 square feet of gross floor area | |
Eating and drinking establishments | 80 square feet of gross floor area and ground area (excluding parking) devoted to patron use on the property, or 3 seats, whichever requirement is greater | |
Bowling alley | 1/4 lane (4 spaces per lane) | |
All other recreational establishments | 100 square feet of gross floor area | |
Automobile repair or gasoline filling station | 400 square feet of gross floor area and ground area devoted to repair and service facilities | |
All other commercial buildings | 300 square feet of gross floor area | |
Auditorium, church, theater, and all other places of public assembly | 4 seats | |
Industrial and heavy commercial establishments | 2 employees on major shift, but at least 1 space for each 5,000 square feet of gross floor area | |
Funeral home | 100 square feet of gross floor area | |
Club, lodge, or similar use | 100 square feet of gross floor area |
C.
Location. The parking area must be on the same or nearby premises. If on nearby premises:
(1)
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of industrial use.
(2)
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
D.
Parking areas must be arranged so there will be no need for motorists to back over any public alley, street, road or highway as defined in Chapter 130, Subdivision and Land Development, except in instances where the following types of single-family residential uses are implemented:
[Amended 4-11-2017 by Ord. No. 2017-04; 9-11-2018 by Ord. No. 2018-07]
E.
Parking areas adjacent to street. For nonresidential and multifamily uses where a parking area or other area open to movement of vehicles abuts the right-of-way line of a public street, then a pipe railing, post-and-chain barricade, raised curbs or equally effective devices satisfactory to the Town must line the public right-of-way except at access points so that parked vehicles will not extend into the street right-of-way or sidewalks. In no case shall any parking space be within eight feet of a street right-of-way line.
F.
Paving. Where five or more parking spaces are required, all required parking areas and all access drives shall be paved with concrete, pervious or impervious pavers or bricks, or bituminous paving material.
[Amended 4-11-2017 by Ord. No. 2017-04]
G.
Access driveways. Within 10 feet of a street right-of-way line, access driveways for parking areas may not exceed 35 feet in width. Such driveways may not enter a public street within 40 feet of the street right-of-way line of an intersecting street and within 25 feet of another access drive on the same property.
H.
Existing buildings. Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any enlargement or creation of additional dwelling units must provide the required parking spaces for said enlargement area or additional dwelling units.
[Amended 9-11-2018 by Ord. No. 2018-07]
I.
Satellite parking. Satellite parking in any zoning district may be established on an adjoining or nearby property in conjunction with an approved use upon approval of a site plan by Planning Commission.
[Amended 9-11-2018 by Ord. No. 2018-07]
§ 165-15 Off-street loading.
A.
In any district, in connection with every building or part thereof hereafter erected having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt of or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet.
B.
Each loading space shall not be less than 12 feet in width, 45 feet in length and 14 feet in height.
C.
Such space may occupy all or any part of any required yard or court space, except a front yard.
D.
No such space shall be located closer than 50 feet to any other lot located in the R-1, R1-SG or R-2 District, unless the loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six feet in height.
[Amended 4-11-2017 by Ord. No. 2017-04]
§ 165-16 Driveway slopes.
[Amended 10-11-2005]
No driveway slope shall exceed a grade of 10%, and all driveways shall provide a minimum length of 20 feet where the slope does not exceed a grade of 2%.
§ 165-17 Signs.
[Amended 2-10-2009 by Ord. No. 2009-02; 9-10-2013 by Ord. No. 2013-08; 4-11-2017 by Ord. No. 2017-01; 1-12-2021 by Ord. No. 2020-06]
A.
Purpose and justification.
(1)
The Town of Myersville recognizes the vital importance of properly located, scalable and coherent signage for permitted uses within each of its zoning districts.
(2)
In the interest of safety, order and to mitigate potential nuisances, the Mayor and Council of the Town of Myersville have determined that all signage shall be regulated within the Town in all zoning districts through a permit application process, except where explicitly exempted.
B.
Definitions. As used in this chapter, the following terms shall have the meanings indicated and, where applicable, correspond precisely to the terms codified in § 1-16 of the Code of the Town of Myersville, entitled "Word usage; terms defined."
C.
Zoning certificate required; process established.
(1)
With the specified exceptions as noted in § 165-17D, all signs shall be subject to regulation by means of requiring an approved zoning certificate application to be filed with the Zoning Administrator. Additionally, applicants may be required to obtain a separate zoning certificate, incidental to the provisions of this section, in conjunction with any improvements or site plan submission.
(2)
The zoning certificate application is to include a plot sketch indicating the location of such a sign or signs, a list of dimensions, illumination and any other provision governed by this section.
(3)
The zoning certificate application shall require the payment of fees according to the schedule that is subject to establishment by the Mayor and Council and administrative amendment from time to time without requisite ordinance.
(4)
Should any applicant fail to include any of the aforementioned information or documentation or if the proposed sign or signage plan is deemed not to comply with the provisions of this chapter or any other chapter of the Myersville Town Code, the zoning certificate application shall be denied by the Zoning Administrator. Upon determining that an application has not met the standards or provisions of the Myersville Town Code, the Zoning Administrator shall give written notice as to the standards or specific Code sections that have not been met.
(5)
Nothing within this section shall be construed as to preclude an applicant from resubmitting a zoning certificate application that has sufficiently addressed the comments conveyed by the Zoning Administrator in the initial application, nor should any section of this chapter be construed to preclude the applicant to petition the Myersville Board of Appeals to consider an "administrative error" in ruling by the Zoning Administrator or to request a variance pursuant to § 165-89 of the Town Code. Any applicant whose zoning certificate application request has been denied shall not be entitled to a refund for fees paid.
D.
Signs exempt from zoning certificate.
(1)
Signs utilized to properly promote the sale or lease of real estate shall not require a zoning certificate.
(2)
Temporary signs shall not require a zoning certificate.
(3)
Incidental, interior and menu board signs shall not require a zoning certificate.
(4)
Signs, directional or warning in character, necessary for the proper navigation, safety, functionality and well-being of patrons, guests or visitors shall not require a zoning certificate.
E.
The following signs are permitted in all districts according to the provisions of this chapter:
(1)
A sign incidental to a home or farm occupation use, not to exceed eight square feet in area. It may not be electronically lighted or have any electronic components. Signs must comply with § 165-19.5 of the Myersville Town Code. No more than one sign incidental to a home or farm occupation shall be permitted.
(2)
Incidental, interior and menu board signs.
(3)
Temporary signs utilized to properly promote the sale or lease of real estate.
(4)
A sign incidental to institutional uses, not exceeding 30 square feet in area. No more than one institutional sign per lot of record shall be permitted. Institutional signs may be electronically lighted and contain electronic components. Institutional signs may not be flashing.
[Amended 7-9-2024 by Ord. No. 2024-10]
(5)
Signs, directional or warning in character, that are necessary for the proper navigation, safety, functionality and well-being of patrons, guests or visitors.
F.
The following signs are permitted within all residential (R-1, R1-SG, and R-2) districts:
G.
The following signs are permitted within the Village Center (VC) District, including the Historic Town Center (HTC) Overlay District:
(1)
Temporary signs not to exceed eight square feet in area and not to exceed four feet in height from the ground. No more than one temporary sign for every 35 linear feet of linear frontage on a public roadway shall be permitted for each lot of record.
(2)
Signs not to exceed 100 square feet in area and not to exceed 12 feet in height from the ground. No more than 100 square feet of cumulative signage area per lot of record shall be permitted. They may not be electronically lighted or have any electronic components. Flashing signs are prohibited.
H.
The following signs are permitted within the General Commercial (GC) District and Village Industrial (VI) District:
[Amended 1-11-2022 by Ord. No. 2021-14]
(1)
Temporary signs not to exceed eight square feet in area and not to exceed four feet in height from the ground. No more than one temporary sign for every 35 linear feet of linear frontage on a public roadway shall be permitted for each lot of record.
(2)
Signs not to exceed 250 square feet in area and not to exceed 45 feet in height from the ground. No more than 500 square feet of cumulative signage area per lot of record shall be permitted.
I.
The following signs are permitted within the Open Space (OS) District:
J.
All signs must comply with the following, except where previously modified:
(1)
All freestanding signs shall be subject to half the setback requirements for the district in which located and shall be so placed as to allow clear and ample visual sight lines for driveways leading into a street and at intersecting streets and alleys.
(2)
In no case shall any sign attached to a building project more than three feet above a roofline.
(3)
No temporary sign may be electronic, digital, flashing or otherwise mechanized in nature.
(4)
Any sign type not expressly permitted in this chapter shall be deemed to be prohibited by its omission, unless reasonably interpreted to be a derivation of a permitted sign.
(5)
No overhanging sign shall extend over any building line more than four feet.
K.
Noncompliance and penalties.
(1)
The Zoning Administrator shall make a written request for immediate compliance upon determination that any signage erected within the Town of Myersville is not in compliance with any provision of this section. The offending party shall submit a zoning certificate application and applicable fees with a penalty of $25 for noncompliance.
(a)
All signage that is determined by the Zoning Administrator to be noncompliant with any provision(s) of this section shall be immediately removed or covered by the Zoning Administrator.
(b)
Should the property owner continue to be found noncompliant, a fine not to exceed $100 shall be assessed for the initial offense. An additional fine of $100 for each calendar day a zoning certificate has not been issued shall be assessed for each day thereafter.
(c)
Legally nonconforming signage that exists on the effective date of this amendment to this section shall be permitted to continue as a legally nonconforming accessory use so long as future repair or replacement of the qualifying sign does not increase the height, face, or copy area of the sign.
(2)
Should the Zoning Administrator determine the offending sign does not comply with the design guidelines or Town zoning ordinances, the property owner of the offending sign shall be given a written notice to remove the sign, without refund of fees or penalties paid, within 10 days of the date on the notice.
§ 165-18 Swimming pools.
[Added 3-12-2002 by Ord. No. 2002-8]
A.
Setbacks. All private swimming pools shall be located no closer than 30 feet to the nearest interior living space of a neighboring property (garages not included), nor closer than 18 feet to any property line (measured from the edge of the pool).
B.
Lighting. M1 lighting for pool and deck areas must be directed so as not to shine on adjacent and neighboring properties.
C.
Fencing and screening. The installation of a swimming pool for public or private use shall require the erection and maintenance of a fence, wall, or combination of the two, not less than 48 inches in height above ground level. The fence or wall shall be firmly anchored in the ground and of such specifications and construction as not to be easily climbed or penetrated by young children. Hot tubs in which a total cover of the water surface is provided are not required to provide fencing.
(1)
If the swimming pool is an aboveground pool, the pool wall may constitute the fence if the pool wall is at least 48 inches above ground level at the lowest point around the perimeter of the pool, provided that the entrance ladder or steps are removed, fastened out of reach, or fenced when not in use, so as to prevent use from persons not living on the property.
(2)
Walls, buildings or other structures may be used as all or part of the enclosure, if penetration to the pool area is by an entryway, which can be secured to prevent accidental entry.
§ 165-19 Display of address numbers.
[Added 3-12-2002 by Ord. No. 2002-8; 10-11-2005; 12-12-2023 by Ord. No. 2023-13]
In all districts, the principal structure on every lot containing a structure shall be conspicuously marked with the numeric street address assigned to that property by the Town of Myersville. The numerals shall be unobstructed, and of sufficient size and contrast, a minimum of four inches in height, to be clearly visible from the street by emergency services personnel.
§ 165-19.5 No-impact home occupations.
[Added 1-13-2009 by Ord. No. 2009-01; amended 4-11-2017 by Ord. No. 2017-04; 9-14-2021 by Ord. No. 2021-07]
In any district where a no-impact home occupation is a permitted use, the person applying for such use shall submit a home occupation use permit application to the Zoning Administrator for review. The Zoning Administrator, with the recommendation of the Planning Commission, shall issue a home occupation use permit for such use upon a finding that there will be no retail sales to the public as part of the home occupation use, that the home occupation use will require no additional parking of vehicles on or adjacent to the property. In addition, the Zoning Administrator may consider the hours that the business is expected to be open to the public, and the number and frequency of business-related vehicle visits that are anticipated to be made to the property, including those by large trucks or equipment.