Myersville City Zoning Code
ARTICLE VII
R1-SG Single Family Smart Growth Residential Zone
§ 165-44 Intent.
The R1-SG District is intended to provide an attractive, pleasant living environment at a sufficient density to meet the state's smart growth initiatives, while maintaining an adequate standard of physical maintenance and community service. The district encourages compact development and the optimum utilization of land appropriate for residential use by encouraging the use of planned unit development, leaving excessively sloping areas and flood-prone areas open, free of development, and available for recreational use. The district discourages the intrusion of the commercial and industrial uses that have an annoying and deteriorating effect on residential development.
§ 165-45 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 dwellings.
C.
Houses of worship, subject to site plan approval by Planning Commission in accordance with § 165-64.
D.
Private and public schools, subject to site plan approval by Planning Commission in accordance with § 165-64.
E.
No-impact home occupations subject to review by the Zoning Administrator pursuant to § 165-19.5.
[Added 1-13-2009 by Ord. No. 2009-01]
F.
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.
G.
Recreational keeping of agricultural animals, provided that:
[Added 7-9-2013 by Ord. No. 2013-07]
(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 G(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.
(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.
§ 165-46 Special exception uses.
§ 165-47 Accessory uses.
[Amended 4-11-2017 by Ord. No. 2017-04]
Accessory uses permitted in the R1-SG District are accessory buildings and uses customarily incidental to any principal use or authorized special exception uses in the R1-SG District and including:
§ 165-48 Height limitation.
No structure shall exceed 2 1/2 stories or 30 feet in height.
§ 165-49 Lot area, width and yard minimum requirements.
[Amended 6-13-2017 by Ord. No. 2017-05]
The lot area, width and yard minimum requirements in the R1-SG District are as follows:
Use | Lot Area | Lot Width (feet) | Front Yard Depth (feet) | Side Yard Widths (feet) | Rear Yard Depth (feet) |
|---|---|---|---|---|---|
Dwellings | 8,000 square feet | 60 linear | 20 | 8 | 40 |
Churches | 1 acre | 200 | 40 | 25 | 50 |
Schools | Not specified | 200 | 40 | 25 | 50 |
Parks | Not specified | ||||
Playgrounds | Not specified | ||||
Other permitted uses | 1 acre | 200 | 40 | 25 | 50 |