Preston City Zoning Code
ARTICLE V
District Regulations
§ 210-23 Application of district regulations.
A.
Conformance required. Except as hereinafter specified no land, building, structure, or premises shall be hereafter occupied or used, and no building, other structure, or part thereof shall be located, erected, reconstructed, extended, moved, enlarged, converted, or altered, except in conformity with the district regulations hereinafter provided. No part of a yard or other open space or off-street parking or loading spaces which are required for any building under the provisions of this chapter shall be included as a part of the yard, open space, off-street parking, or loading spaces which are similarly required for any other building.
B.
Requirements are minimums. The district regulations of this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.
C.
Territory not districted. In the event that any territory has not been specifically included within a district, such territory shall automatically be classified in the R-1 District until otherwise classified.
§ 210-24 Supplementary district regulations.
A.
Temporary structures. Temporary buildings and structures, including mobile homes, may be erected or placed on sites in all districts if such buildings or structures are incidental to construction work on the premises. When such construction work is completed or abandoned the temporary building or structure shall be removed.
B.
Traffic visibility. On a corner lot in any district nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of 2 1/2 and 10 feet above the center-line grades of the intersection streets, in the area bounded by the street edges of such corner lots and a line joining points along said street lines and 50 feet from the point of intersection.
C.
Structures to have access. Every building hereafter constructed, located, or enlarged shall be on a lot adjacent to a public street or road, or with access to an approved private street, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection equipment, and required off-street parking.
D.
Conversion of or to dwelling. The conversion of a building into a dwelling shall be permitted only if a new building of similar construction as would be present after conversion would be allowed in the particular district in which the building proposed for conversion is located.
E.
Front yards on through lots and adjacent to bodies of water. In any district, where a lot runs through a block from street to street, and where a front yard is required, such front yard shall be provided along each street. In any district, where a lot lies between a street and a body of water, the front yard shall be the side of the lot which is adjacent to the street.
F.
Lot depth and width, how measured. The depth of a lot shall be considered to be the distance between the mid points of straight lines connecting the foremost points of the side lot lines and the rear most points of the side lot lines. The width of a lot shall be considered to be the average width of the lot from the side lines.
G.
Yard depth and width, how measured. Each front or rear yard depth or side yard width, required herein, shall be measured at right angles (or radially) from the nearest street right-of-way lines, or adjacent property lines.
H.
Wetlands not to be included in required area or yards. In calculating the area of any lot for the purposes of compliance with the minimum requirements of the district regulations, state or private wetlands, as designated on the wetlands boundaries maps of the Department of Natural Resources, State of Maryland, shall not be included as a part of the lot area nor shall such state or private wetlands be included as a part of any yard required herein.
I.
Variance of front yard requirements to preserve existing building line. In all districts, on streets where existing buildings and structures create a clearly defined setback line, a new building may be located in such a manner as to preserve the existing building setback line, even though such building may not provide for the full front yard required herein.
J.
Minimum building standards.
L.
Solar collectors. Solar collectors and panels having more than 200 square feet of collecting surface which are placed or erected at a fixed location on the ground shall be deemed to be a structure subject to the provisions of this chapter and require a building permit. Solar collectors or panels permanently attached to or made an integral part of an existing structure shall be considered a modification to said structure subject to the provisions of this chapter when the collecting surface area is more than 200 square feet and the outline shape of the building is altered.
M.
Measurement of setbacks from structures. All setbacks shall be measured from the foundation or base of the structure involved at ground level except where some part of the structure shall overhang the foundation or base by more than four feet in which case the setback shall be measured from the vertical projection to the overhang at ground level.
N.
Fences and walls. Fences and walls erected in conformance with this subsection shall not be subject to setback requirements from property lines. Such fences and walls may be located in the established yards in any zoning district, subject to § 210-24B of this chapter, as follows:
(1)
Fences and walls not exceeding at any point four feet in height above the elevation of the surface of the ground may be located in any front yard, but not beyond the property line. Ornamental front yard fence gates, finials, or other ornamental posts shall not exceed 4 1/2 feet in height. Fences and walls erected behind the front yard setback in any applicable zoning districts as set forth in this chapter shall be permitted to a height of eight feet above grade.
(2)
Fences and walls not exceeding at any point eight feet in height above the elevation of the surface of the ground may be located in any rear yard or side yard area.
(3)
A fence or wall in excess of the height limitations established herein shall only be permitted, if at all, as a special exception use, and the Board of Zoning Appeals shall have the authority to grant such a special exception in all zoning districts and to impose conditions concerning maintenance and materials, in addition to any other reasonable conditions.
O.
Swimming pools. All permanent or semi-permanent swimming pools shall be fenced or otherwise enclosed in such a manner as to prevent inadvertent access to swimming pools. All applications for building permits for swimming pools shall include plans for the fence or other structure to enclose the proposed swimming pool. Fences used to enclose swimming pools shall comply with the height limitations set forth in the International Residential Code for One- and Two-Family Dwellings, as amended from time to time.
P.
Corner lot restrictions. On corner lots, all sides of the lot which face a street must comply with the applicable front setback. The sides of the lot which do not face a street must comply with applicable side yard setback.
§ 210-25 R-1 Single-Family Residential District.
A.
Statement of intent. The intent hereof is that this district shall provide uncongested, hazard-free residential neighborhoods which are comprised of single-family detached residences and compatible structures and uses.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-1 District:
(1)
Single-family detached dwellings.
(2)
The growing of agricultural crops, including the usual agricultural structures and uses, such as farm dwellings, noncommercial greenhouses, barns, and the like. No livestock shall be permitted in the Town of Preston.
(3)
Public and private parks and playgrounds.
(4)
Forestry.
(5)
Public buildings and structures of a recreational or public services type, to include public or private homeowner or community association buildings and structures.
C.
Special exceptions. The following principal uses and structures may be permitted by special exception in the R-1 District:
(1)
Churches.
(2)
The home office of a doctor of medicine, dentistry, or psychiatry, provided that the off-street parking requirements of § 210-41 of this chapter shall be met.
(3)
Cemeteries.
(4)
Public or private schools.
(6)
Bed-and-breakfast inns.
(a)
Any structure used as a bed-and-breakfast operation must meet all applicable fire, safety and health codes and regulations. Bed-and-breakfast uses shall be subject to all federal, state and county laws and regulations applicable to room rentals.
(b)
Each bed-and-breakfast establishment must provide two parking spaces plus one additional space for each room which may be provided. The parking spaces are to be located on the property in such a manner as to minimize any adverse impact upon the appearance of the property and to minimize the destruction of shrubs and trees readily visible from a public way. In granting a special exception for a bed-and-breakfast establishment, the Board of Zoning Appeals shall specify appropriate buffers to separate parking areas from adjoining residential properties.
(c)
The structure in which the bed-and-breakfast operation takes place shall be the principal residence of the owner of the property.
(d)
Meals for guests shall be limited to breakfast provided in an area of the dwelling generally utilized by the resident family for the consumption of food. Meal service shall be subject to Caroline County Health Department approval of food preparation areas.
(e)
No person shall be a guest in a bed-and-breakfast operation for more than five consecutive nights.
(g)
No more than five rooms may be rented to guests and no room may be occupied by more than two guests excluding minor children. In all cases the number of rooms available for rental shall not exceed 35% of the gross habitable floor area of the building. "Gross habitable floor area" shall be defined as the entire floor area of the interior of the building but shall not include garages, attics, basements and storage areas.
(h)
Any structure used as a bed-and-breakfast must provide lavatory and bathing facilities specifically for the use of the guests. Such lavatory and bathing facilities shall be in addition to those facilities to be used by the owners of the property.
D.
Accessory uses and structures.
(1)
The following accessory uses and structures shall be permitted in the R-1 District:
(a)
Private garages, parking areas, and other residential outbuildings and structures.
(b)
Customary incidental home or farm occupations, providing that all home occupations shall require approval from the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. Such permits shall be for three years, and may be renewed by the Town Manager.
(f)
Nursery schools and adult and child day-care centers.
(g)
Temporary buildings and structures, other than sales offices, incidental to construction work which shall be removed upon completion or abandonment of the construction work. Sales office trailers shall be removed when the first home in the subdivision is completed.
(h)
Generally, uses and structures customarily associated with and directly incidental to permitted principal uses and structures.
(i)
Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception shall have been granted by the Board of Zoning Appeals.
(2)
The following provisions shall apply to accessory structures:
(a)
Accessory structures shall be located only in a rear yard or side yard, except for signs allowed herein.
(b)
No accessory structure exceeding 250 square feet in floor area or part thereof shall be located less than 15 feet from any side or rear lot line.
(c)
No minor accessory structure with a foundation or part thereof shall be located less than three feet from any side or rear lot line, except that on corner lots no such structure shall be located less than 15 feet from the edge of the street pavement.
E.
Height regulations. No building or structure shall exceed 40 feet in height. This height limitation shall not apply to: roof structures for housing mechanical equipment or stairways, fire or parapet walls, steeples, flagpoles, masts, monuments, or essential services as defined in § 210-3, or other utility structures.
F.
Area, width and yard requirements.
(1)
The minimum requirements for the R-1 District shall be as follows:
(a)
Lot area: 16,000 square feet.
(b)
Lot width: 85 feet.
(d)
Side yard width: 15 feet.
(e)
Side yard width for accessory structures: 15 feet.
(f)
Side yard width for minor accessory structures: three feet.
(g)
Rear yard depth: 25 feet.
(h)
Rear yard depth for accessory structures: 15 feet.
(i)
Rear yard depth for minor accessory structure: three feet.
(j)
Minimum living space of primary dwelling: 1,400 square feet.
(2)
The maximum site coverage by all buildings, including those serving both principal and accessory uses, shall be 40%. Anything over 40% must be approved by the Board of Appeals as a variance.
G.
One principal use permitted. No more than one principal use shall be permitted on a conforming or valid existing nonconforming lot except as authorized as a special exception by the Board of Zoning Appeals.
§ 210-26 R-2 Multifamily Residential District.
A.
Statement of intent. The intent hereof is that the R-2 District shall provide land for moderate-density multifamily residential uses and certain other uses and structures which are compatible therewith.
C.
Special exceptions. Except for bed-and-breakfast uses, the same principal uses and structures may be allowed by special exception as for the R-1 District.
D.
Accessory uses and structures.
(1)
The following accessory uses and structures shall be permitted in the R-2 District:
(a)
Private garages, parking areas, and other customary residential outbuildings and structures.
(b)
Customary incidental home or farm occupations, providing that all home occupations shall require approval from the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. Such permits shall be for three years, and may be renewed by the Town Manager.
(f)
Temporary buildings and structures incidental to construction work which shall be removed upon completion or abandonment of the construction work.
(g)
Generally, uses and structures customarily associated with and directly incidental to permitted principal uses and structures.
(h)
Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception shall have been granted by the Board of Zoning Appeals.
(2)
The following provisions shall apply to accessory structures:
(a)
Accessory structures shall be located only in the rear yard or side yard, except for signs allowed herein.
(b)
No accessory structure exceeding 250 square feet in floor area or part thereof shall be located less than eight feet from any side yard or 15 feet from the rear lot line, except that on corner lots no such structure shall be located less than 15 feet from the edge of the street pavement, sidewalk or proposed sidewalk.
(c)
No minor accessory structure or part thereof shall be located less than three feet from any side or rear lot line, except that on corner lots no such structure shall be located less than 15 feet from the edge of the street pavement, sidewalk or proposed sidewalk.
E.
Height regulations. The same height regulations shall apply as for the R-1 District.
F.
Area, width and yard requirements.
(1)
The minimum requirements for the R-2 District shall be as follows:
(a)
Lot area: 8,500 square feet or 3,600 square feet per dwelling unit whichever is more.
(b)
Lot width: 75 feet.
(d)
Side yard width: 15 feet. (Note: Except that none shall be required for townhouses which are not end units in a row. End units shall be required to have a fifteen-foot-wide side yard on their exposed side.)
(e)
Side yard width for accessory structure: eight feet.
(f)
Side yard width for minor accessory structure: three feet.
(g)
Rear yard depth: 25 feet.
(h)
Rear yard depth for accessory structure: 15 feet.
(i)
Rear yard depth for minor accessory structure: three feet.
(2)
The maximum site coverage by all buildings, including those serving both principal and accessory uses, shall be 40%. Anything over 40% must be approved by the Board of Appeals as a variance.
G.
One principal use permitted. No more than one principal use shall be permitted on a conforming or valid existing nonconforming lot except as authorized as a special exception by the Board of Zoning Appeals.
§ 210-27 C-1 Neighborhood Commercial District.
A.
Statement of intent. The intent hereof is that the C-1 District shall be used to provide for general localized commercial services, and shall not include large-scale commercial activities, nor include highway-oriented commercial activities.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C-1 District:
(1)
All of the principal uses and structures permitted in the R-2 District.
(2)
Antiques shops, providing that no such use shall exceed 3,000 square feet of gross floor area.
(3)
Art shops, providing that no such use shall exceed 3,000 square feet of gross floor area.
(4)
Grocery or food store, providing that no such use shall exceed 3,000 square feet of gross floor area.
(5)
Beauty shop and barbershop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(6)
Florist shop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(7)
General dry goods and/or hardware store, providing that no such use shall exceed 3,000 square feet of gross floor area.
(8)
Gift shop and book shop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(9)
Pharmacy, providing that no such use shall exceed 3,000 square feet of gross floor area.
(10)
Shoe repair shop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(11)
Taxidermy business, providing that no such use shall exceed 3,000 square feet of gross floor area.
(12)
Upholstery shop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(13)
Professional office, providing that no such use shall exceed 3,000 square feet of gross floor area.
(14)
Bank, providing that no such use shall exceed 3,000 square feet of gross floor area.
(15)
Coin-operated laundromat, providing that no such use shall exceed 3,000 square feet of gross floor area.
(16)
Boardinghouses and lodging houses, providing that no such use shall exceed 3,000 square feet of gross floor area.
(17)
Tailor shop, providing that no such use shall exceed 3,000 square feet of gross floor area.
(18)
Retail businesses generally, but not including uses which would comprise a nuisance to adjacent property owners due to excessive noise, traffic, light or other offensive conditions, and not including any building in excess of 3,000 square feet of gross floor area.
(19)
Day-care centers, adult and child.
C.
Special exceptions. The following principal uses and structures may be permitted by special exception in the C-1 District:
(1)
All uses and structures listed in Subsection B, but providing that such businesses may have greater than 3,000 square feet of gross floor area but no greater than 10,000 square feet of gross floor area.
(2)
Bakery, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(3)
Business offices, providing that no such use shall occupy greater than 10,000 square feet of floor area.
(4)
Dry cleaning, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(5)
Clubs, lodges, restaurants and food carry-out establishments, not including drive-in type eating places, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(6)
Funeral establishments and chapels, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(7)
Farm implement sales, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(8)
Automobile and farm equipment repair and service establishments, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(9)
Hotel, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(10)
Newspaper and print shop, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(11)
Building supplies and warehousing of building supplies, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(12)
Frozen food lockers, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(13)
Commercial swimming pool, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(14)
Commercial greenhouses, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(15)
Rest homes, nursing homes, or other institutions for human care or the treatment of noncontagious diseases, providing that no such use shall occupy greater than 10,000 square feet of gross floor area.
(17)
Off sale alcoholic beverages.
(18)
Additional permitted uses on a conforming or valid existing nonconforming lot of record.
(19)
Signs in excess of the maximum permitted size and in compliance with the design principles set forth in the Comprehensive Plan.
(20)
Clinic, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 2-2-2015 by Ord. No. 2015-0126]
(21)
Group home or halfway house, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 2-2-2015 by Ord. No. 2015-0126]
(22)
Marijuana growing facility, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 10-5-2015 by Ord. No. 2015-0924015]
D.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-1 District:
(1)
Private garages, parking areas, and other customary residential outbuildings and structures.
(2)
Customary incidental home or farm occupations, providing that all home occupations shall require approval from the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. Such permits shall be for three years, and may be renewed by the Town Manager.
(4)
Temporary buildings and structures incidental to construction work which shall be removed upon completion or abandonment of the construction work.
(5)
Generally uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.
(6)
Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception shall have been granted by the Board of Zoning Appeals.
E.
Height regulations. The same height regulations shall apply as for the R-1 District.
F.
G.
Principal uses permitted.
(1)
Residential dwelling units and no more than one other principal use shall be permitted on a conforming lot or valid nonconforming lot.
(2)
The Board of Zoning Appeals may grant additional principal uses on conforming lots or valid existing nonconforming lots by special exception.
(3)
All residential uses pursuant to this section shall be subject to permits to be approved of by the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. These permits shall be subject to such conditions as the Planning Commission and the Town Commissioners impose.
(4)
All residential units shall be subject to the following conditions:
(a)
There shall be at least two-off-street parking spaces for each residential unit.
(b)
All residential units shall be subject to satisfactory inspections in accordance with the adopted Preston Town Building Code,[1] the Caroline County Electric Code, Caroline County Health Department regulations, the State Fire Code and the Caroline County Plumbing Code. The property owner shall be responsible for all inspection fees.
(5)
Nothing in this section shall authorize the Town Commissioners to issue a permit that would be in violation of any other provision of this chapter.
§ 210-28 C-2 Roadside Commercial District.
A.
Statement of intent. It is the intent hereof that the C-2 District shall provide for certain types of commercial uses which are directly related to highway or street activity and which customarily are located adjacent to major streets or roads.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C-2 District:
C.
Special exceptions. The following principal uses and structures may be permitted by special exception in the C-2 District:
(1)
Major repair of motor vehicles.
(2)
Sale of motor vehicles.
(4)
Additional permitted uses on a conforming or valid existing nonconforming lot.
(5)
Clinic, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 2-2-2015 by Ord. No. 2015-0126]
(6)
Group home or halfway house, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 2-2-2015 by Ord. No. 2015-0126]
(7)
Marijuana growing facility, providing that no such use shall be located within 1,000 feet of any public or private school or a day care for children, as measured from the property line.
[Added 10-5-2015 by Ord. No. 2015-0924015]
D.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-2 District:
(1)
Uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.
(2)
Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception has been granted by the Board of Zoning Appeals.
E.
Height regulations. The same height regulations shall apply as for the R-1 District.
F.
G.
Principal uses permitted.
(1)
Residential dwelling units and no more than one other principal use shall be permitted on a conforming lot or valid nonconforming lot.
(2)
The Board of Zoning Appeals may grant additional principal uses on conforming lots or valid existing nonconforming lots by special exception.
(3)
All residential uses pursuant to this section shall require approval from the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. Such permits shall be for three years, and may be renewed by the Town Manager.
(4)
All residential units shall be subject to the following conditions:
(a)
There shall be at least one-off-street parking space for each residential unit.
(b)
All residential units shall be subject to satisfactory inspections in accordance with the adopted Preston Town Building Code,[1] the Caroline County Electric Code, Caroline County Health Department regulations, the State Fire Code and the Caroline County Plumbing Code. The property owner shall be responsible for all inspection fees.
(5)
Nothing in this section shall authorize the Town Commissioners to issue a permit that would be in violation of any other provision of this chapter.
§ 210-29 I Industrial District.
A.
Statement of intent. It is the intent hereof that the I Zone should be used to provide for industrial uses and structures which have limited effects upon the use of surrounding land, and not to include any industrial use which creates unfavorable or offensive conditions.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the I District:
(1)
Permitted uses:
(a)
Research, testing and development laboratories.
(b)
Printing, publishing, binding, packaging, storage, and warehousing.
(c)
Storage and processing of farm products.
(d)
Manufacturing or assembling from prepared materials.
(e)
Firms manufacturing textile, clothing, hosiery, electronic equipment, appliances, and mechanical instruments.
(f)
Contractor's yard for storage of material and equipment.
(g)
Bottling or distribution stations for beverages.
(h)
Building materials and lumber yards, including incidental mill work, provided they shall be distant at least 100 feet from any dwelling, school, church, or institution for human care.
(i)
Trucking and freight stations, terminals and storage yards.
(j)
Manufacture or assembling from prepared materials of the following: musical instruments, clocks or watches, toys or novelties, electronic devices, light sheet metal products, machine tools and machinery not requiring the use of a punch press over 100 tons rated capacity or drop hammer, and office equipment.
(k)
Building material sales yard, including the sale of rock, sand, gravel, and the like as an incidental part of the main business, and contractor's equipment storage yard or plant.
C.
Special exceptions. The same principal uses and structures may be permitted by special exception as for the C-2 Zone.
D.
Accessory uses and structures. The following accessory uses and structures shall be permitted in the I Zone:
(1)
Private garages, parking areas, and other customary residential outbuildings and structures.
(2)
Customary incidental home or farm occupations, providing that all home occupations shall require approval from the Planning Commission and the Town Commissioners. A permit will then be issued by the Town Manager. Such permits shall be for three years, and may be renewed by the Town Manager.
(3)
Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.
(4)
Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception shall have been granted by the Board of Zoning Appeals.
E.
Height regulations. The same height regulations shall apply as for the R-1 District.
F.
G.
One principal use permitted. No more than one principal use shall be permitted on a conforming or valid existing nonconforming lot except as authorized as a special exception by the Board of Zoning Appeals.