Walkersville City Zoning Code
ARTICLE VIII
Exceptions and Modifications; Cluster Development
§ 88-56 Variances for lots of record.
When a lot which is an official lot of record at the time of adoption of this chapter does not comply with the area, yard or other requirements of this chapter, an application may be submitted to the Board of Appeals for a variance from the terms of this chapter in accordance with the procedure outlined in Article IX. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the zoning district are complied with as closely as possible in the opinion of the Board of Appeals.
§ 88-57 Exceptions to yard requirements - residential.
A.
Architectural features of buildings, such as windowsills, cornices, roof overhangs and unenclosed porches, may project into the required yard not more than six feet. Open fire escapes, fireproof outside stairways, chimneys and flues, air conditioners and heat pumps may project into the required yard not more than six feet. Residential propane tanks may extend into the side or rear yard no closer than six feet to any lot line. Ground-floor terraces, patios or carports may extend into the rear yard no closer than six feet to either side lot line. Allowable projection of decks into yards: Decks may extend into the required rear yard not more than 12 feet, provided that the following conditions are met:
[Amended 3-28-2007 by Ord. No. 2007-01]
(1)
No more than 30% of the total rear yard square footage is covered by a total of all accessory structures, including the deck and swimming pools. (See § 88-35.)
(2)
Where side yards are required, no deck structure may be built closer than six feet to the side lot lines, and in no case shall a deck structure be built closer than six feet to the rear lot line.
(3)
Decks may be roofed and/or enclosed with screening. Other enclosing materials, including solid doors, glass, siding, brick, etc., are not permitted. An enclosed deck must also meet the following requirements:
(a)
Runoff from the roof must be returned to the applicant's unpaved ground so as not to add to the lot's runoff.
(b)
The height of the roof may not exceed the height of the main house roof, nor shall two-story decks (one directly above the other) be permitted. Terrace decks (two elevations but not one above the other) are permitted.
B.
Allowable projections of a living area addition to a single-family dwelling unit into the required rear yard in the Old Town Mixed-Use (OTM), R-2 Residential and R-3 Residential Zoning Districts. An enclosed addition to a principal structure single-family dwelling unit (excluding garages) in the OTM, R-2 and R-3 Zoning Districts may extend and project into the required rear yard by up to and not more than 12 feet, provided the following conditions are met to the satisfaction of the Planning Commission pursuant to a public meeting:
(1)
The proposed addition is to a single-family (not two-family) dwelling unit that is the only principal structure on the lot and is for the purpose of expanding the residential living area of the dwelling unit.
(2)
The lot area is less than 10,000 square feet in size.
(3)
The lot depth is 110 feet or less.
(4)
The proposed addition is no more than 1 1/2 stories tall and is not attached to the second floor of the dwelling unit with or without an unenclosed ground floor area.
(5)
No more than 30% of the square footage of the area between the rear yard setback line and the rear property line is covered by a total of the addition, decks, accessory buildings, structures and swimming pool.
(6)
The height of the roof may not exceed the height of the roof on the principal structure single-family dwelling unit to which the addition is proposed.
(7)
Architectural features of any such proposed addition as described in § 88-57 of this chapter, must be contained within such allowed projection and shall not extend beyond such allowed projection area.
(8)
The applicant has provided evidence satisfactory to the Planning Commission at a duly advertised public meeting that the proposed addition will not have a substantial detrimental impact on the use and enjoyment of adjoining properties or the health, safety and welfare of the residents of those adjoining properties due to the design, size, location, or other physical characteristics of the proposed addition. The Planning Commission shall have the authority to approve, modify or deny the proposed addition and/or require the applicant to provide additional landscaping, screening, buffering or other design features to mitigate the impact of the proposed addition on adjoining properties. In reviewing the application for the proposed addition, the Planning Commission shall consider the nature and character of the immediate neighborhood, the recommendation of the Comprehensive Plan and the location of the lot, the existing structures thereon, the location of structures on adjoining properties and the proposed design, size, location and other physical characteristics of the proposed addition.
C.
Side yards shall not be required for residential dwellings erected above commercial structures.
D.
One-story accessory buildings may project into yards, provided that:
(1)
The total of all accessory uses and decks does not occupy more than 30% of the rear yard.
(2)
For lots other than townhouse developments, when more than 10 feet from the building and 60 feet from the front yard, provided that it is not closer to the front lot line than the rear of the dwelling unit and that the accessory building is outside of all utility easements or rights-of-way.
(a)
For movable accessory buildings, no part of the structure may project into the side or rear yards closer than three feet to the side or rear lot lines.
(b)
For accessory buildings, no part of the structure may project into the side or rear yards closer than six feet or the height of the accessory building (whichever is less) to the side or rear lot lines.
(3)
In townhouse developments, one accessory building per lot, not exceeding 40 square feet of floor area and 10 feet in height, may be located directly on any rear lot line and set back three feet from side lot line(s), provided that it is not closer to the front lot line than the rear of the dwelling unit and that the accessory building is outside of all utility easements or rights-of-way.
(4)
Garage accessory buildings entered from an alley or street in the case of double-frontage lots are not closer than 10 feet to the street or alley line.
(5)
Runoff from the roof must be returned to the applicant's unpaved ground so as not to add to the lot's runoff.
E.
No part of a private swimming pool shall be closer to any lot line than the depth of the pool measured at the point of maximum depth.
G.
Allowable projections of freestanding signs into yards. Freestanding signs (not attached to a building), as permitted in the particular district, may project into the front yard; freestanding signs shall be permitted in the B-1 District only upon approval of the Burgess and Commissioners. No freestanding signs shall be permitted in residential districts, except those permitted by Article II, § 88-14A.
[Amended 3-28-1984]
§ 88-57.1 Modification of lot requirements.
[Amended 3-27-2013 by Ord. No. 2013-01]
A.
The required yard for corner lots shall be determined as follows:
(1)
For lots of record and those created by subdivision before January 1, 2013, there shall be no required rear yards. A corner lot shall be deemed to have two side yards and two front yards.
(2)
For lots created by subdivision after January 1, 2013, corner lots shall be deemed to have two front yards, one side yard and one rear yard.
B.
In the case of lots located along the circumference of a cul-de-sac, the minimum lot width shall be measured at the required minimum front building setback line and there shall be as provided a minimum front lot line width of not less than 50% of the minimum lot width.
[Amended 8-10-2023 by Ord. No. 2023-03]
§ 88-57.2 Modification of yard requirements.
[Added 1-28-2015 by Ord. No. 2014-08]
A.
Front yard modifications for existing buildings alignment. When appropriate, the Planning Commission may increase or decrease the depth of the required front yard in any district so that such front yard will approximate the average depth of the existing front yards of the existing buildings on adjoining lots on each side, or if there are no such adjoining buildings, shall approximate the average depth of the front yards of the nearest buildings on the same side of the street within 200 feet.
§ 88-58 Exceptions to height limitations.
A.
Public and semipublic buildings may exceed height limitations. Public buildings, churches, temples, hospitals and institutions may exceed the height limits to a total height of 70 feet, provided that all yards required in the particular district are increased one foot for each two feet in excess of the height limitation.
B.
Architectural or mechanical appurtenances may exceed height limitations. Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, spires, radio and television towers, grain elevators, barns, silos or other such architectural and mechanical appurtenances are exempt from height regulations.
[Amended 6-25-1980]
§ 88-58.1 Special provisions governing annexed lands.
[Added 1-10-1979]
A.
Any property which is annexed under a residential zoning and is operating at that time on a private septic system shall be allowed to continue using same. At such time that it is declared a failing septic system by the appropriate Town, county or state agency, then, instead of replacing the septic system, the property shall connect to the community sewer system, provided that the sewer main has been extended to the property.
B.
Notwithstanding any provisions to the contrary contained in this chapter, the owner of an existing building lot of record, unimproved on the date of annexation, shall be entitled to construct thereon one primary residence.
C.
Private wells and septic systems shall be permitted in the Agricultural District.
D.
Notwithstanding the requirements of Chapter 71, Subdivision of Land, § 71-22, Streets - general requirements, and of the Walkersville Design Manual, for property annexed after the effective date of this chapter to be subdivided and developed in Limited Industrial, Limited Industrial Park and General Industrial Zoning Districts, the Planning Commission may permit open section roads only where the minimum lot size in the subdivision of the annexed property is two acres, and only based on a finding that one or more of the following criteria are met:
E.
Notwithstanding the requirements of Chapter 71, Subdivision of Land, § 71-31, Minimum requirements, and of the Walkersville Design Manual, property annexed after the effective date of this chapter and zoned Limited Industrial, Limited Industrial Park, and/or General Industrial District may be permitted to be subdivided and/or developed on private well systems on an interim basis until public water is available, so long as public water is planned to serve the property within five to seven years on the Frederick County Master Water and Sewerage Plan and "dry" water lines meeting the standards and requirements for active and functioning public water lines within the corporate boundaries of the Town are financially guaranteed to the Town at the time of final subdivision plat approval and installed at the time of site development (i.e., grading permit) as required by the Town and any other applicable approving authority. The dry lines shall be maintained at all times by the developer/owner/subdivider of the property to be served in a condition ready for service as active and functioning water service lines with related equipment.
(1)
Subdivision and/or development pursuant to this subsection shall adhere to Frederick County Water and Sewerage Plan (2008), Section II.C.3.(H)(3) (Policies on Individual Wells and Septic Systems), pertaining to an interim individual water and/or sewerage system.
(2)
Public water shall be deemed to be available at such time as the property has obtained a "W-3 Development/Dev." classification on the Frederick County Master Water and Sewerage Plan.
(3)
Property to be subdivided and/or developed pursuant to this subsection shall have a minimum lot size of two acres and shall have a Limited Industrial, Limited Industrial Park, or General Industrial zoning classification on the Town Zoning Map.
(4)
The permitting of subdivision and/or development pursuant to this subsection shall be subject to approval by the Burgess and Commissioners where they find compatibility with the adopted Comprehensive Plan.
[Amended 8-10-2023 by Ord. No. 2023-03]
(5)
Subdivision and/or development under this § 88-58.1E is prohibited if any portion of the proposed subdivision and/or development is within a designated wellhead protection area under the provisions of the Town Code.
(6)
Fire reserve water storage for subdivision and development under this § 88-58.1E shall be in accordance with Section 2.12 of the Town of Walkersville Design Manual (2007).
(7)
In any event, the owner/developer/subdivider of any lot or parcel to be served on an interim basis by a private well as herein provided shall pay the applicable water connection fees prior to issuance of a building permit.
F.
Notwithstanding the requirements of Chapter 71, Subdivision of Land, § 71-31, Minimum requirements, and of the Walkersville Design Manual, property annexed after the effective date of this chapter and zoned Limited Industrial, Limited Industrial Park, and/or General Industrial District may be permitted to be subdivided and/or developed on private septic systems on an interim basis until public sewer is available, so long as public sewer is planned to serve the property within five to seven years on the Frederick County Master Water and Sewerage Plan and "dry" sewer lines meeting the standards and requirements for active and functioning public sewer lines in Frederick County are financially guaranteed to Frederick County at the time of final subdivision plat approval and installed at the time of site development (i.e., grading permit) as required by the Town and Frederick County and any other applicable approving authority. The dry lines shall be maintained at all times by the developer/owner/subdivider of the property to be served in a condition ready for service as active and functioning sewer service lines with related equipment.
(1)
Development and subdivision pursuant to this subsection shall adhere to Frederick County Water and Sewerage Plan (2008) Section II.C.3.(H)(3) (Policies on Individual Wells and Septic Systems), pertaining to an interim individual water and/or sewerage system.
(2)
Public sewer shall be deemed to be available at such time as the property has obtained a "S-3 Development/Dev." classification on the Frederick County Master Water and Sewerage Plan.
(3)
Property to be subdivided and/or developed pursuant to this subsection shall have a minimum lot size of two acres and shall have a Limited Industrial, Limited Industrial Park or General Industrial zoning classification on the Town Zoning Map.
(4)
The permitting of subdivision and/or development pursuant to this subsection shall be subject to approval by the Burgess and Commissioners where they find compatibility with the adopted Comprehensive Plan.
[Amended 8-10-2023 by Ord. No. 2023-03]
(5)
Subdivision and/or development under this § 88-58.1F is prohibited if any portion of the proposed subdivision and/or development is within a designated wellhead protection area under the provisions of the Town Code.
(6)
In any event, the owner/developer/subdivider of any lot or parcel to be served on an interim basis by a private septic system as herein provided shall pay the applicable sewer connection fees to the county prior to issuance of a building permit.
G.
Notwithstanding the requirements of Chapter 88, § 88-5.1, Number of principal buildings and/or uses permitted on a lot, for property annexed after the effective date of this chapter and zoned Limited Industrial, Limited Industrial Park and/or General Industrial District to be subdivided and/or developed, the Planning Commission may allow more than one principal structure on any single lot, and the Planning Commission may allow more than one principal use on any single lot. The Planning Commission may permit subdivision and/or development under this § 88-58.1G based on the applicable provisions of the Town Code for subdivision and/or development and on a finding by the Planning Commission that the subdivision and/or development meets excellence of design factors, including, but not limited to, any of the following:
(1)
Encouragement of concentration of complementary uses;
(2)
Provision for well-planned development with maximum convenience and efficiency for users;
(3)
Where due to size and location of the development and its relationship to surrounding properties, flexibility of planning may be desirable without disturbance to harmony of the neighborhood; and
(4)
Facilitation of a development plan with a unified and organized arrangement of buildings, service areas, parking and landscaped open space providing for maximum convenience of customers.
§ 88-58.2 (Reserved) [1]
[1]
Editor's Note: This section was repealed 11-17-1999 by Ord. No. 99-15.