Smithsburg City Zoning Code
ARTICLE IV
Lot Area and Yard Regulations
§ 405-14 General dimensional requirements.
A.
The regulations for each district pertaining to minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum height, and minimum required yards shall be as specified in the Table of Dimensional Requirements for Principal Uses,[1] subject to any further applicable dimensional requirements or exemptions specified elsewhere in this chapter.
[1]
Editor's Note: The Table of Dimensional Requirements for Principal Uses is included at the end of this chapter.
B.
The minimum lot areas specified in the Table of Dimensional Requirements for Principal Uses are based upon the availability of a public water supply system and a public sewage disposal system. If these systems are not available to serve a proposed use, the following other applicable standards of the Maryland Department of the Environment, as administered by the Washington County Health and Human Services Department, shall be used in determining lot size:
(1)
Using a private water supply and a private sewage disposal system.
Percolation Rate (time required for a 1-inch drop) (minutes) | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | |
|---|---|---|---|
1 to 5 | 100 | 20,000 | |
6 to 15 | 125 | 25,000 | |
16 to 25 | 150 | 30,000 | |
26 to 30 | 150 | 40,000 |
(2)
Using a public water supply and a private sewage disposal system.
Percolation Rate (time required for a 1-inch drop) (minutes) | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | |
|---|---|---|---|
1 to 5 | 100 | 15,000 | |
6 to 15 | 100 | 17,500 | |
16 to 25 | 100 | 20,000 | |
26 to 30 | 150 | 30,000 |
(3)
Using a private water supply and a public sewage disposal system.
Percolation Rate (time required for a 1-inch drop) (minutes) | Minimum Lot Width (feet) | Minimum Lot Area (square feet) | |
|---|---|---|---|
1 to 5 | 75 | 12,000 | |
6 to 15 | 75 | 12,000 | |
16 to 25 | 75 | 12,000 | |
26 to 30 | 75 | 12,000 |
C.
Measurements of minimum land area and yards pursuant to the Table of Dimensional Requirements for Principal Uses shall not include any land within the right-of-way of any existing or proposed street.
D.
The uses listed in the Table of Dimensional Requirements for Principal Uses shall only be permitted in any zoning district in accordance with the provisions of the Table of Use Regulations.
E.
Minimum lot areas listed in Subsection B above shall not be less than the minimum lot size and lot width specified in the Table of Dimensional Requirements for Principal Uses. Nor shall Subsection B supersede the policies of the Smithsburg Public Works Department as they relate to public water and sewer requirements.[2]
§ 405-15 Table of Dimensional Requirements for Principal Uses.
The Table of Dimensional Requirements for Principal Uses is included at the end of this chapter.
§ 405-16 Exceptions to minimum lot sizes.
A.
A building may be constructed, provided that the yard requirements are observed, on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed; provided, however, that at or subsequent to the effective date of this chapter, if two or more contiguous lots in single ownership can be replatted that will create one or more lots which would conform to the above provisions, no exception shall be granted.
B.
Minimum lot area, lot width and building setbacks in any district shall not apply to a lot reduced in area below the minimum for that zoning district by reason of a dedication for public purposes or by reason of a condemnation proceeding initiated by a federal, state or county governmental agency.
§ 405-17 Lot area or yard required.
The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred after the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
§ 405-18 Front yard reduction. [1]
When there is an existing building on each of the lots adjoining the lot on which a building is proposed to be erected, and where each such existing building lies within 100 feet of such proposed building and lies nearer to the street line than the required front yard depth elsewhere specified in this chapter, then the average of the existing front yard depths of such adjoining lots shall be the minimum required front yard depth for the lot on which the proposed building is to be erected.
§ 405-19 Permitted projections into required yards.
A.
Subject to § 405-20, the provisions of the Table of Dimensional Requirements for Principal Uses shall not apply to fences, terraces or walls which are less than six feet above the natural grade. Steps, uncovered porches, decks or other similar features not over three feet high above the finished grade are limited to no more than 50% modification of the required yard setbacks.
B.
Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and ladders may extend into any required yard not more than four feet, provided that such projections (excepting eaves) are not over 10 feet in length.
D.
If attached to the dwelling, a one-story open deck without a roof may extend into the required rear yard not more than the 40% in the TC District, 35% in the TR District or 30% in the SR District.
§ 405-20 Traffic visibility at corners.
On every corner lot abutting the intersection of two streets, a triangular area within the lot shall remain clear of any structure, wall, fence, planting or other visual obstruction which might cause danger to traffic by obscuring the view across the lot between the height of two feet and seven feet above the level of the intersecting streets; such triangular area shall be delineated by a line drawn across the lot to connect points on the two street lines at a distance of 25 feet from the intersection of the street lines.
§ 405-21 Accessory buildings in side and rear yards.
Completely detached accessory buildings equal to or less than 100 square feet in gross floor area may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line. Any detached accessory building greater than 175 square feet in gross floor area shall have a minimum distance to the side or rear lot line not less than the longest horizontal dimension of the structure or the minimum distance specified for that district, whichever is the lesser of the two. In no case shall an accessory building that is to be permanently placed (footers/foundation) on a lot be allowed to occupy an easement established on a duly recorded subdivision plat.
§ 405-22 Yards on corner lots.
All yards adjoining public streets, except yards adjoining alleys, shall be deemed front yards and all other yards shall be deemed side yards.
§ 405-23 Height regulations.
A.
No principal building or structure shall exceed 35 feet or three stories in height, and no accessory building or structure shall exceed 20 feet in height; provided, however, that said height limitations shall not apply to barns, windmills, silos, or other accessory farm structures, or to belfries, steeples, spires, electric, broadcasting or utility poles, equipment or towers, water towers, chimneys or smokestacks, flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways, or to tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building.
B.
In any residential or commercial district, the height of a building may be extended to three stories, but not over 45 feet, if each side yard is increased in width 1/2 foot for each additional one foot of height above the normal maximum limit.
C.
On any lot where the average finished slope adjoining the building exceeds 7% grade, one story, in addition to the number permitted, shall be allowed on the downhill side of any building erected, but the building height limit shall not otherwise be increased.
§ 405-24 Exemptions to yard requirements.
A building in existence before the effective date of this chapter shall be exempt from front, side and rear yard requirements when the proposed use is a principal permitted use within that zoning district. This exemption is not applicable to any new yard requirement resulting from the establishment of a new line of subdivision nor to the expansion of said buildings or uses.
§ 405-25 Yard modification.
For a lot of record in any district wherein a single-family or two-family dwelling is principally permitted and/or if such use is existing, if the lot does not meet the minimum lot area and/or minimum lot width for the district in which it is located, the following modifications shall apply:
A.
The sum of the side yard widths of such lots shall be a minimum of 30% of the lot width, and in no case shall any one side yard be less than 10% of the width of the lot.
B.
The depth of the rear lot from the principal permitted use to the property line shall be a minimum of 25% of the depth of the lot.