Sykesville City Zoning Code

Structural alterations of a building or structure, or the use of a parcel, lot or tract of land which does not conform to the provisions of this chapter shall be allowed only if the building or structure to be altered or the parcel, lot or tract of land to be used shall be made to conform with the requirements of the zoning district in which it is located; however, upon application, the Board may approve the structural alteration of a building or structure, or the use of a parcel, lot or tract of land which is not in conformance with the provisions of this chapter, subject to the provisions of Article XVII, § 180-109; provided however, that where the structural alteration or addition itself and the use therein conforms to the provisions of this chapter, the Zoning Administrator may authorize the necessary zoning certificate therefor, and same shall not require Board approval.

If no structural alterations are made, a nonconforming use of a building, structure or premises may, with approval of the Board, be changed to another nonconforming use which in the opinion of the Board is of the same or a more appropriate use or classification. In the case of a nonconforming junkyard operation, the Board may, based on specific findings of fact, decide upon an application filed by the landowner as to whether a relocation of a nonconforming junkyard operation, either in whole or in part, to another location on the immediate property or to a location on an adjoining property constitutes a suitable substitution of use which has substantially less adverse impact to the general public and adjoining or confronting property. In granting any such relocation as herein provided, the Board shall attach such conditions or requirements as it may deem necessary to protect the public interest, the adjoining and confronting property owners, and the intent and purpose of this chapter.

Whenever a nonconforming use has been changed to a more appropriate use in the opinion of the Board, such use shall not thereafter be changed to a less appropriate use or classification.

No building, structure or premises where a nonconforming use has ceased for six months or more shall thereafter be used except in conformance with this chapter.

The owner or operator of any existing nonconforming use involving used car lots, service garages or junkyards shall, not later than 12 months from the effective date of this chapter, certify in writing, on a prescribed form, to the office of the Zoning Administrator, that such nonconforming use did exist on the effective date of this chapter. In order that the exact nature and extent of such nonconforming use may be determined, a survey plat prepared by a professional engineer or registered surveyor shall accompany any prescribed form. The survey shall include the following:

Nothing in these regulations shall prevent the restoration of a nonconforming building or structure destroyed by fire, windstorm, flood, and explosion or act of public enemy or accident, or prevent the continuance of the use thereof as it existed at the time of such destruction, provided that a zoning certificate is obtained and restoration begun within one year of such destruction.

The Zoning Administrator shall issue a zoning certificate for such construction as applied for, provided the Maryland State Highway Administration, the Carroll County Roads Department, the Mayor and Council of Sykesville, or appropriate authority, upon and within 30 days of written notice thereof does not reaffirm and substantiate its plans to provide such construction in accordance with the Major Road Plan.

The owner of the property so affected shall, following the expiration time of such written notice, have the right to appeal to the Board the refusal of a zoning certificate, and the Board may give approval to build if it should find, after public hearing, and upon the evidence and arguments presented to it upon such appeal, that:

That such proposed major subdivision for residential development has been adequately demonstrated as being in accord and not in conflict with or running contrary to any element of the Town's Master Plan.

That any one or combination of essential community facilities and services determined necessary by the Commission, in accordance with § 180-94 are either available or adequately insured to be made available for such proposed residential development in major subdivisions which would be adequate and which could reasonably be expected and required.

That the tract or area proposed for major residential subdivision development is determined by the Commission as being suitable for such proposed residential development in accordance with § 180-94.

Each front yard (setback) shall be measured at right angles or radially from the nearest street right-of-way line (front property line) where the right-of-way of any existing street is 50 feet in width in the case of a local or minor type street or 60 feet in width in the case of any designated Town Collector or major street. Where the respective right-of-way widths of the above streets are less or where there may be doubt as to the width of the right-of-way, then the minimum front yard depth or setback line shall be determined by adding the distances specified below to the minimum front yard requirement, and measuring from the center line of the type of road involved:

In any district where a lot abuts a state highway, the minimum front yard otherwise required for any building where less than 100 feet shall be increased by an amount specified by the Maryland State Highway Administration, as would reflect and allow for future official widening and right-of-way lines, if applicable, and which are either shown on official plans or detailed in writing by the Administration.

Raising chickens on properties operated as accredited educational facilities. Notwithstanding anything within the Code to the contrary, chickens may be raised on properties operated as accredited educational facilities with a minimum of 25 students. For the purpose of this section, "accredited educational facilities" shall mean any school which holds a certificate of approval by the State Board of Education as required by the COMAR 13A.09.09, "Educational Programs in Nonpublic Schools."

Acceptable standards for raising chickens at accredited educational facilities. The following standards shall apply for raising chickens at accredited educational facilities: