New Windsor City Zoning Code
ARTICLE III
General Provisions
§ 215-5 Miscellaneous regulations.
A.
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.
B.
Whenever the Mayor and Council vacate a street or alley which is the location of a zoning line, adjacent districts shall extend to the center line of the vacated area.
C.
Yards, parking space or lot area required for one building cannot be used for another main building, nor can the size of a lot be reduced below the requirements of this chapter unless otherwise specifically provided.
D.
Attics and raised basements shall not be considered "stories" for height limitations.
E.
All property lines on a corner lot which front on a public roadway shall be considered as front lot lines.
F.
Except as otherwise provided herein, only one principal use shall be permitted on any lot.
[Amended 10-2-2013 by Ord. No. 07-03-13]
§ 215-6 Continuance of nonconforming uses.
Any lawful use of land or structures existing at the time of adoption of this chapter or subsequent amendment of this chapter may be continued with the following limitations:
A.
Nonconforming uses may upgrade, repair, or make alterations to their facilities. However, expansion of any nonconforming use shall be limited to the lot that exists at the time of adoption of this chapter, and additional acreage or dwelling units shall not be added to enlarge any nonconforming uses.
B.
Any nonconforming use which has been damaged to the extent of 60% of its current fair market value, as estimated immediately prior to damage, shall not be repaired or reconstructed except in conformity with this chapter or as otherwise provided below.
C.
No nonconforming use shall be established or reestablished after having been discontinued for six months.
D.
A nonconforming use may not be substituted for any other nonconforming use, unless approved by the Board of Zoning Appeals. Whenever a nonconforming use has been changed to a more appropriate use upon approval by the Board, such use shall not thereafter be changed to a less appropriate use or classification.
E.
Renovation and expansion of nonconforming uses must conform to this chapter, except as otherwise provided below. Whenever a nonconforming use renovates or expands, said use shall meet all the applicable requirements of this Code unless otherwise allowed by the Board of Zoning Appeals.
F.
In the Village Center District, any building renovated, removed or reconstructed may be rebuilt to the previous building footprint.
§ 215-7 Off-street parking.
The provisions hereinbelow dealing in off-street parking requirements are applicable to every zoning district unless otherwise specified.
A.
For the following uses of buildings hereafter erected or hereafter increased in size by more than 20% of the size existing at the time of the adoption of these regulations or uses hereafter established, off-street parking facilities which are outside the public right-of-way shall be required as follows:
(1)
For single-family dwelling: two spaces on the lot; for boardinghouses: one space on the lot for each boarding unit or boarder; for townhouses, two-family dwellings and multiple-family dwellings: two off-street parking spaces for each dwelling unit; and, where a driveway is required, said driveway shall be five feet from the property line, if such use impedes through traffic, and said driveway shall not be utilized as a parking space.
(2)
For churches erected on new sites: one parking space on the lot for each 10 seats in the main auditorium, but existing churches and additions to or enlargements of churches existing at the time of passage of this chapter shall be exempt from this requirement.
(3)
For places of public assembly, including auditoriums and theaters: one space for each four seats provided.
(4)
For elementary and middle schools: two spaces for each classroom; for high schools: 10 spaces for each classroom.
(5)
For hospitals: one space for each hospital bed.
(6)
For institutions, clubs, lodges and other public or semipublic buildings: 10 spaces for each 1,000 square feet of floor area.
(7)
For all uses, except those above specified, when located in the NB or VC Districts: one space for each 100 square feet of floor area.
(8)
For commercial uses in the LI District: one space for each 300 square feet of floor area; for industrial uses in the LI District: one space for each two employees of maximum number employed at any one time or one space for each 600 square feet, whichever is the greater.
(9)
In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the requirements for a use which is so mentioned and to which said use is most nearly similar shall apply.
(10)
In addition to the parking requirements stated in Subsection A(2) above, uses with drive-through facilities shall provide on-site sufficient spaces for vehicles queuing to be served by or otherwise waiting to do business at the facility; any off-site queuing is prohibited. Each space that is provided for queuing shall be at least 20 feet in length and 10 feet in width. This space requirement shall be in addition to the space at the transaction station. These spaces shall not interfere with, block or prevent the use or operation of parking spaces, parking aisles, access drives or entrances.
(11)
The Commission may authorize such modification, reduction or waiver should it find that adequate parking is existing or planned in a VC, EC, LI or NB District. The Commission may also modify, reduce or waive the foregoing requirements if it should find that the peculiar nature of the use or exceptional shape or size of the property or other exceptional situation or condition would justify such modification, reduction or waiver in these districts.
(12)
Every off-street parking area for more than five vehicles shall be located at least five feet from any walkway, 10 feet from the street or road right-of-way edge and five feet from every residential lot line. The edges of the parking area shall be curbed or buffered, and the space between parking area and street or lot line shall be landscaped and maintained in a sightly condition. Where adjoining a street, such landscaping shall consist of grass and low shrubs or ornamental trees; where adjoining residential lot, it shall include a hedge of sufficient type and height (not less than 30 inches) to protect and screen the adjoining property. If an ornamental wall or fence is installed in lieu of such hedge, accomplishing the same purpose, then the five-foot strip may be omitted.
(13)
Any off-street parking area, including any commercial parking lot, for more than five vehicles shall be paved, shall be so graded and drained as to dispose of all surface water accumulation within the area and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of vehicles.
(14)
Any lighting used to illuminate any off-street parking area, including any commercial parking lot, shall be so arranged as to direct the light away from adjoining residential premises and from public streets.
(15)
In providing required parking facilities, the minimum standards shall be:
(a)
Access lane width: 20 feet, except for parallel parking stalls, which shall be 25 feet, provided that the end stalls may be reduced to 20 feet.
(b)
Parking stall depth: 20 feet, except for parallel parking stalls, which shall be 25 feet, provided that the end stalls may be reduced to 20 feet.
(c)
Parking stall width: a minimum of nine feet measured perpendicular to stall depth, except for parallel parking stalls, which may be reduced to seven feet in width when the door on each side of the vehicle can be opened without being obstructed.
(d)
Maneuverability and setback. In all cases, with the exception of single- and two-family residences, parking facilities shall be designed, constructed and delineated so as to facilitate one-maneuver parking, exclusive of the road or street right-of-way, and a minimum setback requirement of 10 feet from any public street right-of-way shall be provided.
(e)
Continued maintenance. Parking stalls shall be periodically repainted in order to maintain continuous and clear identification.
(16)
Spaces for the physically handicapped shall be provided in accordance with any applicable state or federal statutes.
C.
Off-premises restricted parking. Except as may be otherwise provided by this chapter, the Board of Appeals may authorize, following a public hearing, an off-street restricted parking area which is accessory to but not on the same premises as any permitted, conditional or nonconforming use, subject to the following conditions and limitations:
(1)
No charge shall be made for the parking of vehicles, and the accessory use shall be clearly for the benefit of employees or patrons.
(2)
The application shall be accompanied by the names and addresses of all confronting and adjoining property owners within 200 feet of the premises in question, who shall be given the opportunity to be heard at public hearing.
(3)
The Board shall find the premises in question to be within reasonable proximity to the principal, conditional or nonconforming use to which it is accessory.
(4)
A zoning certificate issued for an accessory parking area shall be revocable, subject to continued compliance with any requirements or conditions.
D.
In the Village Center (VC) District only, the Zoning Administrator has the authority to adjust parking requirements as provided herein. Any adjustment shall take into account conditions specific to the property in question and the surrounding area. Nothing herein shall be construed to mandate an adjustment of any parking requirement. Any such reduction will be documented in writing, and maintained in the Town Hall.
[Added 10-1-2008 by Ord. No. 09-03-08A; 12-2-2009 by Ord. No. 10-07-09A]
§ 215-8 Off-street loading.
A.
Every building or structure used for other than residential uses and constructed after the adoption of this chapter shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such spaces shall be in accordance with the following schedule:
Required Spaces | Building Floor Area (square feet) | |
|---|---|---|
1 | 0 to 8,000 | |
2 | 8,001 to 25,000 | |
3 | 25,001 to 40,000 | |
4 | 40,001 to 100,000 | |
5 | 100,001 to 250,000 | |
6 | 250,001 to 400,000 |
B.
For buildings over 400,000 square feet: six spaces, plus one additional space for each additional 10,000 square feet.
C.
For the purpose of determining adequacy of loading area, each space shall not be less than 10 feet in width, 45 feet in length and 14 feet in height.
§ 215-9 Obstructions to vision at intersections.
On any corner lot in all districts, there shall be no obstruction to traffic visibility within 35 feet of the intersection of the two street property lines of the corner lot.
§ 215-10 Prohibited uses.
The following uses are prohibited in all districts:
A.
Except as otherwise provided herein, any commercial use which encourages patrons to remain in their automobiles while receiving goods or services, except service stations and banks.
[Amended 10-2-2013 by Ord. No. 07-03-13]
B.
Outdoor advertising or billboard as a principal use;
C.
Privately owned prisons or detention centers;
D.
Manufacture, storage or disposal of hazardous waste materials;
E.
Junkyards; sand, gravel or other mineral extraction; or construction debris;
F.
Mobile homes used as a residence;
G.
Any use which produces noxious or hazardous solids, liquids, or gases for emission to the environment;
H.
Any use which produces noise and/or vibration at a level greater than typical street or traffic noise within the Town.
J.
Repair, for profit, of automobiles, trucks or vehicles not owned by the property owner, except where said use is expressly authorized.
[Added 12-2-2009 by Ord. No. 10-07-09A]
§ 215-10.1 Small retail or service business.
[Added 10-2-2013 by Ord. No. 07-03-13]
In any new residential subdivision which receives final plan approval after July 1, 2013, the Board of Zoning Appeals may approve a request to establish a small retail or service business, subject to the following conditions:
A.
The use shall be owned and operated by one family or housekeeping unit;
B.
The lot size and building for the use shall be similar in size and design to residences and other buildings in the neighborhood;
C.
The use shall have a low impact on surrounding properties and the neighborhood;
D.
The use shall not fundamentally change the residential character of the neighborhood;
E.
The use shall have sufficient parking so as not to create parking or traffic issues on the subject property or on surrounding properties and streets. However, the use may not generate vehicular parking or traffic by customers, employees or deliveries to an extent that would change the residential character of the neighborhood. No parking shall be allowed on yards;
F.
The use shall not tax existing facilities for water, sewer, transportation, firefighting or other public safety services;
G.
The use shall not include gasoline stations or pumps, or drive-through facilities of any type;
H.
There shall be no sale, display or storage of merchandise or goods, the performance of any commercial service or any sales or solicitation of sales on parking lots, parking areas, sidewalks, walkways or otherwise outside the confines of buildings;
I.
The use shall be subject to site plan review by the Planning and Zoning Commission.
§ 215-11 Storage of flammable fuels.
Storage of compressed gases and liquid fuels shall conform to the following:
A.
Aboveground storage. Storage of compressed gases used for individual homes, apartment houses and commercial establishments may be above ground in all districts if the total capacity of all containers is less than 2,000 gallons and provided that each individual container is no less than 25 feet from the nearest line of adjoining property. Containers used for apartment houses and commercial establishments shall be screened by evergreen plantings of a height not less than the height of the containers so as to effectively obscure the containers from view.
B.
Below ground storage. In all districts where storage of compressed gases shall be underground as modified in Subsection A, if the total capacity of all containers exceeds 2,000 gallons, each individual container shall be located with respect to the nearest line of adjoining property as follows:
Container Capacity (gallons) | Distance From Area Nearest Line of Adjoining Property (feet) | |
|---|---|---|
000 to 2,000 | 25 | |
2,001 to 30,000 | 50 | |
30,001 to 60,000 | 75 | |
In excess of 60,000 | 100 |
C.
Gasoline, kerosene, fuel oil and other liquid fuels. Gasoline, kerosene, fuel oil and other liquid fuels shall be stored underground or within the structure to be heated. Each individual container shall be located with respect to the nearest line of adjoining property as follows:
Distance From Nearest Line of Adjoining Property | |||
|---|---|---|---|
Container Capacity (gallons) | Residential (feet) | Commercial (feet) | |
000 to 2,000 | 25 | 10 | |
2,001 to 10,000 | 50 | 15 | |
In excess of 10,000 | Prohibited | 15 | |
§ 215-12 Conversion of accessory structures.
A.
No garage, shed, outbuilding or other nonresidential structure existing on the lot may be converted to residential use unless said structure is able to meet all of the requirements of this chapter, including, but not limited to, lot area per family and front, rear and side yards.
[Amended 10-2-2013 by Ord. No. 07-03-13]
B.
Because this requirement does not disallow the use of the land for purposes set forth in this chapter, but seeks only to prevent the overcrowding of the lot and environmental degradation of the neighborhood, the Board of Appeals is not authorized to grant a waiver or variance to this section.
C.
A dwelling existing at the time of the enactment of this subsection shall not be enlarged by more than 30% for the creation of additional dwelling units.
§ 215-13 Short-term rentals.
[Added 7-11-2018 by Ord. No. 05-02-18]
In any district in which a short-term rental is an authorized use, the following minimum conditions shall apply:
A.
The property to be rented must be registered with a recognized on-line rental company and be in compliance with all requirements of such registration. For illustrative purposes only, Airbnb® and VRBO® (Vacation Rental by Owner) are such companies.
B.
The property must be registered with the Town, and the owner will be provided a short-term rental certificate. Said registration shall include contact information for the owner and/or an authorized representative and such other information as the Town may require. The rental certificate must be displayed so as to be available for review by any renters.
C.
A short-term rental shall not have a sign or other evidence of its use other than one indicating an address.
D.
The Mayor and Council shall, from time to time, pass a resolution establishing the fee for short-term rental registration.
§ 215-14 Country inns.
In any district in which a country inn is an authorized use, the following minimum conditions shall apply:
A.
Individual rooms which are rented by paying occupants shall not contain cooking facilities.
B.
Unless owner-occupied, a manager must be present on the premises at all times any rooms are occupied or other authorized activities are occurring.
C.
No more than three guest rooms shall be served by one guest bathroom.
D.
Parking shall be provided on-site and screened by natural vegetation or other suitable material from public streets and adjoining properties. Notwithstanding any requirements otherwise contained in this chapter, 1 1/2 parking spaces shall be provided for each room that is available to be rented, a minimum of two parking spaces shall be provided for employee parking, and a minimum of two parking spaces shall be provided for each incidental and accessory use. Parking requirements for the dining room use shall be determined by the Board of Zoning Appeals. There shall be no on-street parking.
E.
Meals may be served to customers who are actually using the country inn accommodations overnight, nonpaying residents, or their bona fide guests. A dining room may also be operated as an incidental or accessory use to the country inn which will allow for provision of meals and beverages to the public, subject to compliance with any applicable rules and regulations of the Health Department, Board of License Commissioners for Carroll County, or other governmental or regulatory bodies.
§ 215-15 Bed-and-breakfasts.
In any district in which a bed-and-breakfast is an authorized use, the following minimum conditions shall apply:
A.
The primary use of the structure and property shall be residential.
B.
Individual bed-and-breakfast units shall not contain cooking facilities.
C.
Interior residential features shall be retained in a manner which allows reconversion to a residential use to the extent possible.
D.
The owner or manager shall reside on-site.
E.
No more than four rooms shall be rented.
F.
Parking shall be provided on site with one additional space required for each room that is available to be rented.
G.
The use of the property as a bed-and-breakfast shall be shown by the owner not to be detrimental to the neighborhood.
H.
Other than an authorized sign, the bed-and-breakfast use shall be shown to be compatible with the neighborhood and shall be maintained and landscaped to eliminate outward signs of transient use.
I.
No residential structure shall be removed in order to allow for a bed-and-breakfast use or removed for parking for such a use.
J.
Meals shall be served only to customers who are actually using the bed-and-breakfast accommodations overnight, nonpaying residents, or their bona fide guests.
K.
The maximum stay for each customer using the bed-and-breakfast accommodations shall be 14 days, and a guest book shall be maintained by the owner which accurately identifies all customers for each night's lodging.
L.
A bed-and-breakfast shall not have any sign or other evidence of its use except a sign not exceeding two feet by three feet in area, which may be double-faced and illuminated.
§ 215-16 Accessory dwelling units.
In any district in which an accessory dwelling unit is an authorized use, the following minimum conditions shall apply:
A.
An accessory dwelling unit may be attached to the principal dwelling unit or located within 100 feet of the principal dwelling unit.
B.
An attached accessory unit must have direct access from the outside or through a common hall which has direct outside access.
C.
Only one accessory dwelling unit is permitted on any lot or parcel except where otherwise allowed by this chapter. Any detached accessory dwelling unit shall be considered an outbuilding.
D.
The property owner must occupy one of the dwelling units on the property.
E.
The accessory dwelling unit shall have a floor area not greater than 800 square feet, or 1/3 of the total floor area of the principal dwelling unit (excluding garages and decks), whichever is less.
G.
The total coverage of structures and all other impervious surfaces on any single lot or parcel which holds an accessory dwelling unit shall be no greater than 75% of the square footage of the lot or parcel.
§ 215-16.1 Traditional neighborhood design.
[Added 11-4-2009 by Ord. No. 10-07-09B]
In any district except the EC (Employment Campus), VC (Village Center) and NB (Neighborhood Business) Districts, the Planning Commission may approve a traditional neighborhood design (TND) pursuant to the provisions of Chapter 175, Article XIV, of this Code. Within a TND, the use and density provisions of this chapter shall remain in full force and effect, but other regulations of the District may be modified or waived by the Commission.
§ 215-16.2 Minimum lot area, width and yard requirements in residential districts.
[Added 10-2-2013 by Ord. No. 07-03-13]
R-1 | |||||
|---|---|---|---|---|---|
Per-Dwelling Minimum Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | |
Dwelling | 25,000 | 75 | 25 | 10 | 50 |
Schools, churches | — | — | 40 | 100 | 100 |
Other uses | 6,000 | 75 | 35 | 12 | 25 |
R-2 | |||||
|---|---|---|---|---|---|
Per-Dwelling Minimum Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | |
Dwellings | 20,000 | 50 | 25 | 10 | 35 |
Other uses | 6,000 | 75 | 35 | 12 | 25 |
R-3 | |||||
|---|---|---|---|---|---|
Per-Dwelling Minimum Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | |
Single-family dwellings | 10,000 | 50 | 25 | 10 | 35 |
Two-family dwellings | 7,500 | 30 | 10 | 10 | 20 |
Other uses | 6,000 | 75 | 35 | 12 | 25 |
R-5 | |||||
|---|---|---|---|---|---|
Per-Dwelling Minimum Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | |
Single-family dwellings | 5,500 | 50 | 25 | 10 | 35 |
Two-family dwellings | 4,000 | 30 | 20 | 10 | 20 |
Multifamily | 4,000 | — | 35 | 16 | 40 |
Other uses | 6,000 | 75 | 35 | 12 | 25 |
R-10 | |||||
|---|---|---|---|---|---|
Per-Dwelling Minimum Lot Area (square feet) | Lot Width (feet) | Front Yard Setback (feet) | Side Yard Setback (feet) | Rear Yard Setback (feet) | |
Single-family dwellings | 5,500 | 50 | 25 | 10 | 35 |
Two-family dwellings | 4,000 | 30 | 20 | 10 | 20 |
Multifamily | 4,000 | — | 35 | 16 | 40 |
Other uses | 6,000 | 75 | 35 | 12 | 25 |