Pocomoke City City Zoning Code
ARTICLE VII
R-3 Multifamily District
§ 230-46 Applicability.
The uses contained in this article shall be permitted and the following regulations and the applicable regulations contained in other Articles shall apply in the R-3 Multifamily District.
§ 230-47 Principal permitted uses.
Principal permitted uses in the R-3 District shall be as follows:
A.
Single-family dwellings.
B.
Churches and parish houses.
C.
Schools and colleges for academic instruction.
D.
Public parks, playgrounds, community centers, golf courses and buildings or properties of a cultural or conservation nature.
E.
Two-family dwellings (duplex) existing, new construction or construction for which a building permit has been issued as of the effective date of this subsection.
F.
Multifamily dwellings existing or for which a building permit has been issued as of the effective date of this subsection and subject to the provisions of § 230-53.
G.
Townhouse developments existing or for which a building permit has been issued as of the effective date of this subsection and subject to the provisions of § 230-54.
H.
Home occupations (Type 1).
[Added 12-4-2021 by Ord. No. 449]
§ 230-48 Conditional uses.
Conditional uses requiring Board authorization shall be as follows:
A.
Public and semi-public buildings.
B.
Hospitals, sanatoriums and religious or charitable institutions (not for contagious disease, mental, liquor or drug patients and not for penal or correctional institutions), provided that any such establishment must comply with the distance requirements of § 230-28.
C.
Cemeteries, provided that no graves or burial lots are located in the required front yard or required side yard setbacks.
D.
Public utilities, cables, utility poles, pipelines, railroad lines or any other utility located on a private right-of-way.
E.
Boat landings (docks or wharves).
F.
Licensed family day-care provider homes, nursery schools or day-care centers, provided that there is established and maintained in connection therewith a completely fenced play lot of adequate size in the rear setback area only. Such fence must be at least four feet but no greater than six feet in height and constructed in a manner such that it will not permit children or small animals to pass through it, provided also that any family day-care provider home or nursery school building must be located not less than six feet from any other lot in any residential (R) district, and any licensed day-care center must be located not less than 20 feet from any other lot in any residential (R) district. All such facilities must be properly licensed by the State of Maryland and must obtain a City business license annually.[1]
[1]
Editor's Note: Section Four of this ordinance provides as follows: "The provisions of §§ 230-40F and 230-47F as amended by this ordinance shall not apply to family day-care provider homes, day-care centers or nursery schools which are duly licensed by the State of Maryland or have formally applied for such licensing on or before March 1, 1992, which meet the fencing requirements set forth in Section 2 of this ordinance and which have obtained a City license. However, any such property which shall subsequently cease to be used as a family day-care home, day-care center or nursery school for a period of 90 days or shall lose its state licensing shall no longer be exempt from the provisions of Chapter 230 as amended hereby."
G.
Recreational clubs and facilities for private noncommercial use, private clubs, lodges and meeting places.
I.
Rest homes, nursing homes, or assisted living facilities or adult care centers, for transients or permanent residents.
J.
Professional offices for attorneys, medical doctors, psychologists, dentists and accountants, provided that any new building shall be designed and constructed in such a manner as to resemble a residential dwelling compatible with existing residential dwellings in the immediate neighborhood and no alteration to existing buildings is made or mechanical equipment is used which is not customary in residential dwellings. An indirectly lighted sign not over one square foot in area shall be permitted in connection with such profession.
K.
Increasing the number of dwelling units in any existing multifamily dwelling that was expressly designed as a multifamily residential building.
L.
The keeping of more than one roomer or boarder by a resident family.
M.
Community residential facility (group home).
§ 230-49 Accessory uses.
Accessory uses in the R-3 District shall be as follows:
A.
Private garages, parking areas, swimming pools, satellite television earth stations and other customary outbuildings and structures.
C.
Identification signs displaying only the name and nature of the premises or the occupant thereof or directing the way thereto, not exceeding eight square feet in area.
D.
One bulletin board or sign permitted for a church, school or other public or semi-public building, not to exceed 24 square feet in size, which may be indirectly lighted.
E.
The keeping of not more than two roomers or boarders by a resident family.
F.
A multifamily development of more than 40 units or a subdivision of more than 40 lots may have one sign not to exceed 24 square feet in area, which may be indirectly lighted and may be attached or mounted on a pedestal or base that is proportional to the sign and to the site maximum overall sign height including base or pedestal may not exceed five feet. Any such sign must be set back at least 10 feet from the property line to allow for adequate traffic visibility.
G.
Solar energy equipment, subject to the following:
[Added 2-6-2017 by Ord. No. 429]
(1)
Solar energy equipment may be on roofs of principal buildings or ground-mounted.
(2)
Placement of solar energy equipment is not permitted within the required front yard setback unless the Zoning Administrator determines that it is adequately screened from view from the public way so as to preclude any glare from the equipment which would adversely impact the vision of motorists on the public way. It is understood that this equipment may, on occasion, be visible from the public way even if located in the side or the rear yard.
(3)
If the solar energy equipment is unable to be located on the roof of the principal structure as is preferred, placement of ground-mounted solar energy equipment in the required side or rear yard may be permitted only if the equipment is not located in the required setback for a structure in the subject zone from the property line or a distance equal to the height of the accessory structure, whichever is greater.
(4)
The solar energy equipment must be adequately screened from view of residential neighbors by appropriate vegetative screening or appropriate and adequate solid fencing.
(5)
Any proposed fencing must comply with all applicable height requirements. Natural-colored fencing is preferred.
(6)
Roof-mounted solar energy equipment shall be located so as not to increase the total height of the structure above the maximum allowable height of the structure on which it is located, in accordance with the applicable zoning regulations.
(7)
The Zoning Administrator, prior to issuing a permit for the placement of any solar energy equipment, shall be provided with any requested information in regard to proving compliance with this section. This information may include sun and shadow diagrams specific to the subject proposed installation which would enable the Zoning Administrator to determine if solar access will be impaired due to the proposed location or to the location of objects which may obstruct the solar access.
(8)
The Zoning Administrator may also require submission of detailed information, including maps, plans or dimensioned sketches, showing the proposed location, including setbacks from property lines or distances from structures which are used for habitation on neighboring properties.
(9)
The Zoning Administrator may also require the submission of an as-built plan showing the actual location of any installed solar energy equipment. If the equipment is not installed as permitted, the Zoning Administrator may order its removal and/or relocation as appropriate.
§ 230-50 Height regulations.
No principal structure shall exceed three stories (40 feet in height), and no accessory structure shall exceed 1 1/2 stories (25 feet) in height. All public and semi-public utility buildings and structures must meet the requirements of § 230-93.
§ 230-51 Area, yard and bulk regulations.
Lot area, width and yard requirements shall be as follows:
A.
Lot area and width requirements.
Type of Use | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Lot Area Per Family (square feet) |
|---|---|---|---|
Single-family dwellings | 6,000 | 50 | 6,000 |
Duplexes | 6,000 | 50 | 3,000 per unit |
Multifamily | (14 units per acre) | ||
Churches | 2 acres | 200 | |
Schools and colleges | 5 acres | 200 | |
Public utility uses | 6,000 | 100 | |
Other permitted uses | 6,000 | 50 |
B.
Yard requirements.
Type of Use | Front Yard Depth (feet) | Side Yard Least Width (feet) | Side Yard Sum of Widths (feet) | Rear Yard Depth (feet) |
|---|---|---|---|---|
Single-family dwellings | 25 | 6 | 16 | 35 |
Duplexes | 30 | 10 | 20 | 35 |
Multifamily | 35 | 35 | 70 | 35 |
Churches | 35 | 25 | 50 | 40 |
Other permitted uses | 35 | 25 | 50 | 40 |
Schools and colleges | 35 | 20 | 40 | 40 |
Public utility uses | 35 | 25 | 40 | 40 |
Other permitted uses | 35 | 25 | 50 | 40 |
§ 230-52 Parking regulations and facilities; recreational vehicles.
A.
One and one-half parking spaces are required for each dwelling unit. There shall be submitted a drawing showing the capacity and location and setbacks for parking areas.
B.
Parking of trailers or motor homes is prohibited, except that one recreational vehicle may be parked/stored on the premises. When so parked/stored such vehicle must be in an accessory building or in the rear yard only.
§ 230-53 Multifamily developments.
The purpose of this section is to include all types of multifamily construction regardless of ownership, design or different identifications. Standards shall include, but not be limited to, apartments, garden apartments, townhouses, condominiums or the conversion of an existing structure for multifamily dwelling units.
A.
Building coverage and standards.
(1)
All buildings in a multifamily project shall be of compatible architectural design.
(2)
The total amount of land area permitted to be covered by structures is 25%.
(3)
The facades of units can be varied by material or design and setbacks with the approval of the Planning and Zoning Commission.
(4)
Public water and sewage systems must be available to serve the project.
B.
Open space. All multifamily projects shall provide on-site open space areas at least equal to 25% of the total land area. Parking spaces and roadways shall not be included when computing open space areas.
C.
Minimum space between buildings. When more than one multifamily building is built, no building shall be closer than 30 feet from any other principal building. No accessory building shall be located less than six feet from any principal or accessory building.
D.
Length of building. In a multifamily development, the length of one building shall not exceed 200 feet.
E.
Landscaping plan. A landscaping plan shall be submitted and approved by the Planning and Zoning Commission.
F.
Comprehensive site/development plan.
(1)
Multifamily dwellings shall be constructed according to an approved comprehensive site plan. No building permit shall be issued for any work in connection with the use or structure until the Planning and Zoning Commission shall have reviewed and approved a site plan for said use or structure.
(2)
The Planning and Zoning Commission shall review the site plan for compliance with Pocomoke City's Comprehensive Master Plan, this chapter and other applicable regulations. The Planning and Zoning Commission may require changes in the site plan or attach conditions or restrictions to coordinate the proposed development with surrounding properties or improve the protection of the public's health, safety and general welfare.
(3)
Planning and Zoning Commission approval shall authorize construction only in accordance with the approved site plan. Deviation from the approved site plan or failure to abide by attached restrictions and conditions shall be considered a violation of this chapter.
(4)
Site plan standards. The following drafting standards and information shall be required on the site plan as appropriate:
(a)
Drafting standards. The site plan and all supporting drawings shall be prepared on one or more reproducible sheets 18 by 14 inches in size. The plan may be prepared in any conventional scale, provided that all information is clear and legible. The plan shall contain sufficient detail, labeling and dimensions to be easily understood. All lot dimensions shall be based on actual measurements or deed description.
(b)
General data. The plans shall identify the name and address of the property owner and/or applicant, the general location of the property by use of an insert vicinity map, North arrow, scale, date and zoning classification. The plan shall also bear the signatures of the applicant, the property owner or his or her attorney and the person who prepared the site plan.
(c)
Layout. The plan shall show all property lines, structures, building entrances, use areas, road access points, vehicular circulation, signs, yard setbacks, drainageways, utility lines, easements, landscaping, exterior lighting, fences, walls and other physical features. Both existing and proposed features shall be shown and labeled as such.
(d)
Elevations. The plan shall show typical schematic elevations of the major buildings or structures and of any freestanding signs. The elevations shall indicate the type of construction and basic exterior materials and color treatment.
(e)
Relationship to abutting roads and properties. The plan shall show the location of abutting roads, structures, use areas, parking lots, fences, walls, signs and other significant physical features within 100 feet of the property line.
(f)
General description. Accompanying the site plan shall be a written description of the project and its intended use or operation. Such description shall be typed on sheets 8 1/2 by 11 inches in size.
G.
Other data.
(1)
The Planning and Zoning Commission may require such data, drawings or documentation as it deems necessary to adequately review the application for compliance with the intent and provisions of this chapter.
(2)
Waiver. The Planning and Zoning Commission may, at its discretion, waive or modify the requirements that the site plan show all property lines when such lines are not necessary to conduct an adequate review of the application.
§ 230-54 Townhouses.
A.
This section establishes certain standards and provisions for the appropriate location and development of sites for townhouses that will more fully and efficiently utilize available public utilities and services. This section is intended to provide the maximum amount of freedom in the design of townhouses and their grouping and layout with permitted residential districts.
B.
The following regulations shall apply to any townhouse development approved by the Pocomoke City Planning and Zoning Commission:
(1)
Area requirements.
(a)
Net lot area. Every townhouse dwelling shall have a minimum lot area of 1,600 square feet. A townhouse development shall have an average of not less than 3,000 square feet of land area per dwelling, but no townhouse development shall be located on a contiguous tract of land containing less than 20,000 square feet.
(b)
Building coverage. No more than 35% of the lot area shall be occupied by townhouses.
(c)
Open space. Not less than 50% of the lot area shall be devoted to open space; provided, however, that interior patio courts of not less than 125 square feet in area nor of a minimum dimension of less than 10 feet may be computed as open space.
(2)
Yard requirements.
(a)
Front yard. Each lot shall have a front yard not less than the front yard required for the district in which it is situated.
(b)
Side yard.
[1]
A side yard at least 10 feet in width shall be provided at each end of every row of townhouses, provided that if the end of a townhouse is located adjacent to any road or street, public or private, the side yard shall be at least 20 feet in width. There shall be at least 30 feet between townhouse buildings.
[2]
Each corner lot shall have a side yard requirement of a width equal to not less than 1/2 of the required depth of the front yard on the lot in the rear.
(c)
Rear yard. Each lot shall have a rear yard of at least 25 feet in depth. Accessory buildings shall be located only in a rear yard and shall occupy not over 25% thereof and shall be located not less than three feet from a rear or side lot line, except that in the case of a corner lot, an accessory building shall be located in accordance with the setback requirements for a corner lot in the district in which it is located.
(3)
Minimum lot frontage at front building line. Each interior lot used for townhouses shall be not less than 16 feet wide, and there shall be not more than 10 townhouses in any one building.
(4)
Building height limit. The height limit for a townhouse shall be 2 1/2 stories measured on any external wall and not over 35 feet, except that the height limit may be extended to three stories, but not over 40 feet, if the front and side yards are increased in depth 1/2 foot for each additional foot of height.
(5)
Roads. Each site used for townhouse development must have at least 100 feet on a public road. Interior access drives which are not dedicated for public use shall be improved to the standards set forth in Chapter 205, Subdivision of Land, unless they are under 500 feet in length, in which case they shall be at least 24 feet wide. Points of access to public roads shall be approved by the Planning and Zoning Commission, County Roads Board or State Highway Administration, as applicable.
(6)
Off-street parking requirements. Off-street parking areas shall be 1 1/2 spaces per townhouse. There shall be submitted a drawing showing the capacity, location, setbacks and lighting for parking areas.
(7)
Floor area. Every townhouse dwelling unit shall have a gross exterior floor area of at least the following minimum number of square feet:
Number of Bedrooms (per unit) | Minimum Floor Area (square feet) |
|---|---|
1 | 625 |
2 | 750 |
3 | 875 |
4 | 1,025 |
C.
Comprehensive site/development plan.
(1)
A townhouse site/development plan shall be submitted to the City Manager and Pocomoke City Planning and Zoning Commission with two copies at least 21 days prior to a regularly scheduled meeting of the Commission. The site/development plans shall show the following:
(a)
Location and site of all buildings and structures.
(b)
Area devoted to parking facilities, access roads, walkways, drives, parking areas and exterior lighting.
(c)
The topography and vegetation features now existing on the land. The proposed grading, landscaping, drainageways, utility lines, easements and other physical features.
(d)
Area to be devoted to open space, area for refuse disposal and area for tot lots to be included.
(e)
Drawings to show floor plans of each townhouse, front and rear elevations and side elevations where applicable.
(f)
Evidence of proposed covenants, restrictions and details of maintenance responsibility of common areas and open space to show that liability for maintenance of such areas shall attach to property owners within the development and that the same may be enforced by liens against the property owners in favor of the City or its assignee.
(2)
Evidence of compliance with all other requirements (flood zone, critical areas, stormwater, erosion, etc.) must also be submitted.
(3)
Review and recommendations.
(a)
The Planning and Zoning Commission shall review the application and comprehensive site/development plan and consider the standards and purposes of these with a view to achieving a maximum of safety, convenience and amenity for surrounding area residents.
(b)
The Planning and Zoning Commission shall submit, in writing, its findings and recommendations, and no building permit shall be issued until all requirements of this chapter and other applicable regulations are met.
(4)
Limit on approval of building permit. The building permit shall be valid for only one year, at which time it shall have lapsed and shall be of no further force or effect.
D.
The Planning and Zoning Commission shall require that an occupancy permit be issued after completion of construction and compliance with all sections of the townhouse development plan has been approved by the City Manager.