Saint Michaels City Zoning Code
ARTICLE IX
Density and Dimensional Regulations
§ 340-94 Minimum lot size and residential density.
A.
Subject to the exceptions listed below, all lots or parcels shall have at least the amount of square footage indicated for the appropriate zoning district in § 340-104.
B.
If the owner of a lot or parcel in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to the width of lots and lot area per family, the provisions of such lot area and width regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.
D.
In determining the number of dwelling units permitted on a tract of land, fractions shall be rounded to the nearest whole number.
§ 340-95 Minimum lot widths and depths.
§ 340-96 Building setback requirements.
A.
Subject to other provisions of this section, no portion of any building, structure, or any freestanding sign may be located on any lot closer to any lot or property line than is authorized in the table outlined in § 340-104.
B.
Permitted encroachments. Every part of a required yard shall be open to the sky, except the features outlined in the following subsections may extend into minimum required yards as specified.
(1)
Architectural elements, such as eaves, awnings, sills, cornices, flumes or chimneys, canopies, cantilevers, window seats, bay windows, and other similar architectural features on principal structures located above ground level may extend two feet into any minimum required yard but not closer than five feet to any lot line. Permitted architectural projections shall be identified on any site plan, zoning certificate, or building permit application.
(2)
Window air-conditioning units in principal structures may project to a distance not to exceed 24 inches into a required yard (see Figure 96-1).
Figure 96-1  |
(3)
Open balconies, fire escapes, fire towers, uncovered stairs, and stoops, connected carports and garages, porches, and decks associated with principal structures may not extend into required yards.
(4)
Mechanical equipment such as HVAC equipment, water heaters, or spa pumps is not permitted to encroach into or obstruct any required yard or setback. Also, the location of air conditioners shall consider the potential noise impacts on adjacent buildings, especially nearby bedrooms, and main living areas.
(5)
Driveways and walkways may occupy a front, rear, or side yard.
§ 340-97 Context street setbacks.
Context street setback requirements are established to reflect existing neighborhood conditions, historical building patterns, and other unique context issues. The special street setback requirements outline below govern in the case of conflict with the lot and building regulations.
A.
Interior lots.
(1)
When existing buildings on one or more abutting lots are closer to the front or street property line than the otherwise required setback, additions to existing buildings or construction of new buildings on the subject lot may comply with the average front yard depth that exists on the nearest two lots on either side of the subject lot instead of complying with the zoning district's minimum street setback requirement.
(2)
If one or more of the lots required to be included in the averaging calculation is vacant, that vacant lot will be deemed to have a street yard depth equal to the minimum street setback requirement of the subject zoning district (see Figure 97-2).
Figure 97-2  |
(3)
Lots with frontage on a different street than the subject lot or that are separated from the subject lot by a street or alley may not be used in computing the average (see Figure 97-3).
Figure 97-3  |
B.
Corner lots.
(1)
When the subject lot is a corner lot, the average front yard depth will be computed based on the nearest two lots with frontage on the same street as the subject lot (see Figure 97-4).
Figure 97-4  |
(2)
In the case of a corner lot that does not have two adjoining lots from which to determine an average setback, the Zoning Inspector will designate a primary street frontage along which a front yard having the full depth required will be provided. The front yard setback along the secondary street shall be no less than half the full depth required but in no case less than six feet (see Figure 97-5).
Figure 97-5  |
C.
Through lots. Where one of the front yards required on a through lot is not in keeping with the prevailing yard pattern, the minimum front yard requirement and substitute yard requirement is waived. However, the front yard shall not exceed the average of the yards provided on adjacent lots.
§ 340-98 Structure height.
A.
The height limitation, as outlined § 340-104 shall not apply to the following:
(1)
Flagpoles, church steeples, public utility poles which are part of a continuous line system (as distinguished from a tower to support one or more antennas) for the distribution of electric power, land-line telephone signals, or cable television signals, and water towers. In no event shall any such pole or steeple exceed 75 feet in height from the average grade of the lot.
(2)
Ventilating fans or similar equipment required to operate and maintain the buildings provided that the equipment does not project above the roof by more than five feet), and
(3)
Building firewalls provided they do not project above the roof by more than five feet.
B.
Towers and other structures associated with essential or safety services may to exceed structure height limits as provided herein.
C.
Chimneys may exceed the height limits for the applicable zoning district by a maximum of five feet.
§ 340-99 Fences and arbors.
A.
Ornamental and/or protective fences are permitted in any zoning district, subject to the restrictions of § 340-100 and the following regulations:
(1)
Height limitations; exception.
(b)
In the CC District only, fences associated with commercial use and utilized for the containment of materials and/or equipment are exempt from the above-noted height limitations. Under no circumstances shall the fence exceed eight feet in height. Any fence greater than six feet in height and visible from a public street shall have enough vegetative screening to soften the visual impact of such a fence from there.
(2)
The structural side of any fence shall face inwards towards the property the fence delineates.
(3)
In any fence with a gate, an arbor framing the gate is permitted provided that:
B.
Freestanding arbors are permitted in any zoning district, but shall not be located in any setback, and shall not exceed eight feet in height.
§ 340-100 Visibility at intersections.
On a corner lot in any zoning district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
§ 340-101 Accessory structures in residential districts.
The general regulations of this subsection apply to all accessory uses and structures unless otherwise expressly stated.
A.
The Zoning Inspector is authorized to determine when use or structure meets the criteria of an accessory use or accessory structure. To classify a use or structure as "accessory," the Zoning Inspector must determine that the use or structure:
(1)
Is subordinate and incidental to the principal structure or principal use served in terms of area and function;
(2)
Provides a necessary function for or contributes to the comfort, safety, or convenience of occupants of the principal use or structure; and
(3)
Is customarily found in association with the principal subject use or principal structure.
B.
Yard sales or garage sales accessory to a principal residential use so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90 days and provided they satisfy the general criteria outlined in Subsection A above.
C.
Time of construction and establishment. Accessory uses and structures may be established in conjunction with or after the principal building. They may not be established before the principal use or structure is in place.
D.
Accessory uses and structures must be located on the same lot as the principal use or structure to which they are accessory, provide however, that on application of an established homeowners' association (HOA) in a townhouse, multifamily, or mixed-use development, the Planning Commission may permit accessory uses and structures to be located on common open space. Approval is subject to site plan review and approval as provided in Chapter 110, Site Plan Review, of the Town Code and a finding that the proposed accessory use or structure provides a necessary function for or contributes to the comfort, safety or convenience of occupants of the principal use or structure(s).
E.
Accessory uses and structures attached to the principal building by a breezeway, passageway, or similar means are subject to the building setback regulations that apply to the principal use or structure.
F.
Accessory structures in A Agriculture District. Limitations on the number of agricultural buildings, including farm buildings, barns, stables, private garages, and other similar structures ordinarily accessory to the principal permitted agriculture uses do not apply.
G.
Residential accessory use and structures. The following additional regulations apply to buildings that are accessory to principal residential uses:
(1)
Accessory uses and structures are prohibited in front or street setbacks except as provided in § 340-96B.
(2)
No more than three detached accessory uses or structures are allowed on any lot.
(3)
Accessory uses or structures are subject to minimum side setback of three feet and minimum rear setback of five feet; provided, however, that architectural elements, such as eaves, awnings, sills, cornices, flumes or chimneys, canopies, cantilevers, window seats, bay windows, and other similar architectural features, on accessory structures located above ground level may extend one foot into any minimum required setback. Permitted architectural projections shall be identified on any site plan, zoning certificate, or building permit application. Notwithstanding the foregoing, a homeowners' association may, by regulation, provide for a minimum side yard setback of no less than one foot for accessory structures for duplexes and townhouses.
[Amended 5-24-2023 by Ord. No. 544; 10-11-2023 by Ord. No. 549]
(4)
Lots with rear lot lines abutting alleys. On any lot used for residential purposes whose rear lot line abuts upon an alley, customary accessory uses are permitted without regard to rear yard requirements, provided that no portion of any structure obstructs the alley or in any way reduces the public or private access for customary use.
(5)
The aggregate footprint or coverage of all accessory uses or structures on a lot may not exceed the gross floor area of the principal building.
(6)
Residential accessory structures may not exceed the height of the principal structure or 26 feet in height, whichever is more restrictive.
(7)
Accessory structures shall be distant at least 10 feet from any other principal structure and three feet from any other accessory structure on the same lot.
(8)
Where a corner lot adjoins in the rear a lot fronting on a side street, no accessory structure on such corner lot shall be closer to the side street line than the required front yard depth of the adjoining lot (see Figure 101-1).
Figure 101-1  |
(9)
Attached or detached garages in the R-1 and R-2 Districts shall be set back a minimum of 10 feet from an adjacent street from which access is taken.
§ 340-102 Accessory structures in nonresidential districts.
§ 340-103 Swimming pools.
Swimming pools, open and unenclosed, may occupy a required rear or side yard, provided that:
A.
Aboveground pools (i.e., those rising more than four feet above the average grade of the yard) must meet the setback requirements associated with the zoning district.
B.
In-ground pools (i.e., those rising less than four feet above the average grade of the yard) must not be placed closer than six feet from a rear lot line, nor less than 10 feet from an interior side lot line.
C.
All permanent or semipermanent swimming pools shall be fenced as provided in the Building Code. All applications for building permits for swimming pools shall include plans for the fence or other structure to enclose the proposed swimming pool. Section 340-99 notwithstanding, fences over four feet in height shall be permitted without a special exception upon the following conditions:
D.
Readily portable pools, such as children's wading pools, are exempt from the provisions of this chapter.
§ 340-104 Table of Lot, Height, Area, and Bulk Requirements. [1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 340-105 Table of coverage limits.
[Amended 2-10-2021 by Ord. No. 519]
The total area of buildings, structures, and/or impervious surface shall not exceed the limits outlined in the following table unless granted a variance as provided in § 340-136.
Table 105 Coverage Limits | ||
|---|---|---|
Maximum Lot Coverage | ||
Zoning District | Structures | Impervious |
R-1 | ||
Lots of or greater than 6,000 square feet | 35% | 55% |
Lots less than 6,000 square feet | 40% | 60% |
R-2 | ||
Lots of or greater than 10,000 square feet | 40% | 70% |
Lots less than 10,000 square feet | 45% | 70% |
R-3 | ||
Lots of or greater than 5,000 square feet | 40% | 70% |
Lots less than 5,000 square feet | 45% | 70% |
RG | — | 15% |
WD | — | 72% |
CC | — | — |
SLC | — | 50% |
GC | — | 70% |
MC | — | 75% |
MM | — | 50% |
PF | — | 70% |