Myersville City Zoning Code
ARTICLE VIII
R-2 Multifamily Residential District
§ 165-50 Intent; maximum density.
[Amended 1-8-2019 by Ord. No. 2018-09]
The intent of the R-2 District is to provide areas for multifamily development. It is further established to increase the variety of housing types and sizes while continuing to encourage the provision of the basic amenities of an attractive and safe residential environment. The maximum density in the R-2 District shall be eight dwelling units per acre.
§ 165-51 Permitted uses.
[Amended 1-13-2009 by Ord. No. 2009-01; 4-10-2012 by Ord. No. 2012-04; 7-9-2013 by Ord. No. 2013-07; 1-8-2019 by Ord. No. 2018-09]
No building or structure may be erected 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.
Houses of worship.
C.
Single-family detached dwellings.
E.
Multifamily dwellings.
F.
School, nonpublic and nonprofit.
H.
Recreational beekeeping, provided that:
(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.
I.
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 I(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.
§ 165-52 Special exception uses.
The Board of Appeals may authorize the following principal uses as special exceptions in accordance with § 165-87:
§ 165-53 Accessory uses.
[Amended 11-14-2023 by Ord. No. 2023-08]
Accessory uses are accessory buildings and uses customarily incidental to any principal use or authorized special exception use in the R-2 District and including:
A.
Private garages.
C.
Private swimming pools.
D.
Utility sheds or buildings.
E.
Accessory dwelling units, provided that:
(1)
The minimum side yard width requirement for the structure is equal to that of a single-family detached dwelling unit within the R-2 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 R-2 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.
§ 165-54 Height limitation.
[Amended 3-12-2002 by Ord. No. 2002-8]
No structure in the R-2 District shall exceed three stories or 40 feet in height.
§ 165-55 Lot area, width and yard minimum requirements.
[Amended 1-8-2019 by Ord. No. 2018-09]
The following requirements shall apply.
Land Use | Minimum Lot Area (square feet) | Minimum lot width (linear feet) | Minimum Front Yard (linear feet) | Minimum Side Yard (linear feet) | Minimum Rear Yard (linear feet) |
|---|---|---|---|---|---|
Single-family detached | 7,500 | 60 | 25 | 8 | 35 |
Duplex | 5,000 | 32 | 25 | 8 | 35 |
Townhouse | 1,700 | 18 | 20 | 8 | 30 |
Multifamily | 12,000 | 75 | 35 | 20 | 50 |
All other uses | 20,000 | 100 | 35 | 20 | 40 |
§ 165-56 Townhouse development.
[Amended 10-11-2005; 1-8-2019 by Ord. No. 2018-09]
Purpose. The purpose of this section is to provide minimum guidelines and standards for townhouse development to ensure the necessary amenities normally associated with such developments and to promote an acceptable layout and design which will foster a quality living environment. The provisions of this section will apply to all townhouse developments.
A.
Row lengths and design. There shall be no more than eight townhouse units nor fewer than three townhouse units in a row.
B.
Off-street parking access. Off-street parking shall be provided at the ratio specified in § 165-14 for townhouses.
C.
Decks. The setback allowance for decks shall be 1/2 the rear BRL.