Walkersville City Zoning Code
ARTICLE V
Residential and Mixed-Use Districts
§ 88-25 Intent and purpose: R-1 and R-2 Districts.
[Amended 4-8-1987]
The R-1 and R-2 Low-Density Districts are intended to encourage and promote the development of single-family residential neighborhoods free from land usage which might adversely affect such development. Such districts may incorporate large lot sizes in which the green space desired is entirely within the lot, or they may encourage the formation of cluster-type developments in which the lot sizes and made smaller and the area which results from the reduction of the area of each lot to the minimum standard for the district is provided and maintained as recreation areas to serve the needs of the residents of the development.
§ 88-26 Intent and purpose: R-3 District.
[Amended 4-8-1987]
The R-3 Medium-Density District is intended to provide an attractive, pleasant living environment at a sufficient density to maintain a high standard of physical maintenance and community service. The district encourages the compact development and optimum utilization of land appropriate for residential use by encouraging cluster-type development while simultaneously leaving sloping areas, floodplains and other unbuildable areas open and available for recreational and athletic purposes.
§ 88-27 Intent and purpose: R-4 District
[Amended 4-8-1987]
The R-4 High-Density District is intended to make the development of land having natural and locational advantages economically feasible by the variety of housing types while continuing to encourage the provision of the basic amenities of an attractive and safe residential environment. This district encourages cluster-type development, and the increased density that results makes their location at the edge of residential neighborhoods and good access to major highways, central shopping areas, schools and other public facilities most essential.
§ 88-28 Permitted uses: R-1 and R-2 Districts.
[Amended 6-25-1980; 4-8-1987]
The following uses are permitted in the R-1 and R-2 Districts:
§ 88-29 Permitted uses: R-3 District.
§ 88-30 Permitted uses: R-4 District.
§ 88-31 Special exception uses.
The following uses are permitted by special exception in the residential districts, subject to approval of the Board of Appeals:
A.
Nursery school, kindergarten or child-care center, provided that it contains an adequately sized play area, fully fenced and enclosed, and the main structure is no closer than 20 feet to any adjacent zoning district line or lot line.
B.
Boarding and lodging homes, not primarily for transients, provided that off-street parking of 1.5 spaces per boarder or lodger is provided, and provided that yard requirements shall conform to those of a multifamily structure (R-4 District only).
[Amended 4-8-1987]
C.
Medical centers and rest and nursing homes, provided that off-street parking space is provided for each attendant or worker and for each three patients to be cared for therein, and provided that yard requirements shall conform to those of a multifamily structure.
D.
Laundry facilities located within a multifamily dwelling for the use of residents of the apartment or apartment complex and not for use as a commercial enterprise (R-4 District only).
[Amended 9-9-1987]
E.
The office of a resident physician, dentist, architect, engineer, attorney or similar professional person located in that person's home, or the operation of a beauty parlor or barbershop having one chair, provided that:
(1)
There is no exterior evidence other than a permitted sign to indicate that the building is being used for any purpose other than that of a dwelling.
(2)
The construction does not produce a show window or display window effect.
(3)
Only one person other than the owner may be engaged or employed.
(4)
Sufficient off-street parking is provided, with three spaces being considered minimal. Such parking shall be in the side or rear yard.
(5)
The total area devoted to the office does not exceed 30% of the square footage of the dwelling unit.
F.
Clubs, lodges and hospitals (R-4 District only).
[Amended 4-8-1987; 8-10-2023 by Ord. No. 2023-03]
G.
Essential services.
H.
Three-family apartment building, in the R-3 Residential District and subject to the requirements of the district, except as herein provided:
[Added 4-13-1983; amended 4-8-1987]
(1)
Permitted only in structures or that portion of the structures that existed prior to the date of enactment of this subsection (April 13, 1983).
(2)
The structure to be converted must contain a minimum of 2,700 square feet of gross floor living area [excluding cellars (see definition)]. No addition(s) constructed after the date of enactment of this subsection (April 13, 1983) may be included in the calculation of gross floor living area.
(3)
No external structural additions can be made to the existing structure (except minor appurtenance changes, such as fire escapes, dormer windows, etc.) in order to accommodate the third apartment unit.
(4)
On-premises off-street parking is provided in accordance with the zoning requirements for multifamily dwellings.
(5)
There will be one family per dwelling unit, and no additional leasing of rooms to persons who are not members of the families residing in the dwelling units will be allowed.
(6)
The conversion must not negatively impact the physical conditions of the area or be detrimental to the character of the neighborhood.
(7)
The structure to be converted must be maintained in a reasonable state of repair.
(8)
The minimum lot area shall be 10,000 square feet, with the minimum lot width and yard depth to be that required for two-family dwellings.
[Amended 9-9-1987]
I.
Country inn-family restaurant. A "country inn" is an establishment for eating purposes only, in a structure which existed on January 24, 1977, provided that:
[Added 12-14-1988]
§ 88-32 Required lot and yard dimensions.
[Amended 6-25-1980; 1-12-1983]
A.
Table of dimensions.
[Amended 10-26-1983; 4-8-1987]
Use Type | Minimum Lot Area Per Unit (square feet) | Minimum Lot Width (feet) | Minimum Yard Depth Each | ||
|---|---|---|---|---|---|
Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | |||
Low density | |||||
R-1 District | 22,000 | 100 | 40 | 15 | 40 |
R-2 District | 15,000 | 75 | 35 | 10 | 40 |
Medium density | |||||
R-3 District | 10,000 | 60 | 35 | 8 | 40 |
Two-family dwelling | 5,000 | 60 | 35 | 8 | 40 |
High density | |||||
R-4 District | |||||
Multifamily dwelling | 3,000 | See Subsection B | |||
Townhouse (see Subsection B) | 25 | 30 | |||
B.
Townhouses.
(1)
For townhouses in the R-4 District, the structures shall not occupy more than 40% of the gross lot area. The average dwelling-unit density shall not exceed six units per net development acre of land within each development, with not more than six units per structure. "Net developable land" is that land remaining after annual floodplain areas and rights-of-way for major arterial or minor arterial highways have been deducted from the gross site area. The maximum length of each structure shall not exceed 144 feet.
[Amended 4-8-1987]
(2)
For townhouses in the R-4 District, buildings shall be set back a minimum of 100 feet from the property line when adjoining major arterial right-of-way. When adjoining a minor arterial right-of-way, the rear building setback shall be not less than 50 feet, and the front and side yard setbacks shall be not less than 30 feet each, except when the setback adjoins another right-of-way, in which instance, the front and/or side yard setback shall be a minimum of 20 feet. Whenever the property being developed adjoins an A or R-1 zoned property, the building setback shall be not less than 100 feet. Whenever the property being developed adjoins any district other than A or R-1, the building setback shall be a minimum of 50 feet unless the adjacent property is a part of the same development.
[Amended 4-8-1987]
(4)
In all townhouse developments, the minimum gross land area devoted to open space shall be at least 40% thereof.
[Amended 4-8-1987]
(5)
The minimum lot area per family or rental unit for townhouses in an R-4 District shall be 2,400 square feet, and in an R-3 District, it shall be 1,600 square feet.
[Amended 4-8-1987]
(6)
Landscaped areas. Unless changed by the Planning Commission, the minimum landscaping required for all townhouse development in an R-4 District shall be:
[Amended 4-8-1987]
(a)
A twenty-foot-wide landscaped edge along all external development lines shall be provided.
(b)
In addition, for parking areas near buildings, there shall exist a landscaped area with a minimum width of 15 feet between the front or end of a building and parking area, and where a parking area is continuous for more than 10 spaces, there shall exist a landscaped island of at least 10 feet in width between the parking area and the remaining property. All landscaping plans are to be approved by the Planning Commission.
(7)
Fencing. If fences are to be permitted in a townhouse development, the subdivider shall prepare and submit to the Planning Commission a fencing plan. The fencing plan shall show the anticipated arrangement of fences and shall limit the fence design and materials to one per building style, said plan to be approved by the Planning Commission prior to final site plan approval. All restrictions or conditions as to fencing, including no fencing being permitted if this is desired, shall be a part of the declaration of covenants existing for the development as well as becoming a part of all contracts for the sale of each townhouse unit. In addition, each purchase of a townhouse unit must be furnished with a written reference to the fencing plan, a copy of which shall be made available to each purchaser by the developer, prior to the full execution of all contracts of sale for a townhouse.
C.
Apartment buildings.
(1)
For apartment buildings in the R-4 District, the structure shall occupy not more than 25% of the gross lot area. The average dwelling unit density shall not exceed six dwelling units per net developable acre of land within each apartment development, with not more than six units per structure. "Net developable land" is land remaining after annual floodplain areas and rights-of-way for major arterial or minor arterial highways have been deleted from the gross site area.
[Amended 4-8-1987]
(2)
For apartments in the R-4 District, buildings shall be set back a minimum of a distance of 100 feet from the property line when adjoining a major arterial right-of-way. When adjoining a minor arterial right-of-way, the rear building setback shall not be less than 50 feet and the front and side yard setback shall not be less than 30 feet each, except when the setback adjoins another right-of-way, in which instance, the front and/or side yard setback shall be a minimum of 20 feet. Whenever the property being developed adjoins any district other than A or R-1, the building setback shall be a minimum of 50 feet, unless the adjacent property is a part of the same development.
[Amended 4-8-1987]
(4)
In all apartment building developments, the minimum gross land area devoted to open space shall be 40% thereof.
(5)
Landscaped areas. Landscaping of apartment building development shall be the same as for townhouse development, including parking areas.
§ 88-33 Building height regulations.
A.
No building will exceed three stories or 35 feet in height unless each side yard is increased over the required minimum by five feet for every five feet, or fraction thereof, of additional height over 35 feet. In no case shall the building height exceed 50 feet.
B.
For townhouses in the R-4 District, no building will exceed three stories or 45 feet in height unless each side yard is increased over the required minimum by five feet for every five feet, or fraction thereof, of additional height over 45 feet. In no case shall the building height exceed 50 feet.
[Added 7-11-2018 by Ord. No. 2018-06]
§ 88-34 Off-street parking and loading.
§ 88-35 Accessory uses: residential and mixed use districts.
§ 88-36 Old Town Mixed-Use District (OTM).
[Amended 1-28-2015 by Ord. No. 2014-08]
A.
Intent and purpose: OTM District. The purposes of the Old Town Mixed-Use District are to promote the use and reuse of existing structures in the Old Town area as designated on the Comprehensive Plan and Zoning Map, and to preserve the historic mix of small-scale retail, office and residential uses within the Old Town area as designated on the Comprehensive Plan and Zoning Map. The Old Town area is located within that part of the Town's corporate limits bounded by the following streets: Maple Avenue, Maryland Avenue, Fulton Avenue, Main Street (from Frederick Street to George Street), Pennsylvania Avenue (from the railroad to Clinton Street), Green Street, George Street (from Pennsylvania Avenue to Clinton Street) and Frederick Street (from Main Street to Nicodemus Road). The residential character of properties in the OTM District will be maintained through appropriate size, location and scale buildings, materials used, landscaping and lighting and other performance standards. This district is not intended to accommodate commercial uses that are more appropriate for the B-1, B-2 and B-O Districts and that entail high-volume traffic turnover, large parking areas and/or outdoor storage and display areas.
B.
Permitted uses: OTM District.
(1)
Government facilities, professional/business offices, except medical and veterinary offices.
(2)
Retail sales and services, except retail liquor sales.
(3)
Personal services.
(4)
Bed-and-breakfasts.
(5)
Single-family dwellings.
(6)
Two-family dwellings.
(7)
Residential apartments over commercial uses.
(8)
Places of worship.
(9)
Three-family dwellings.
C.
Site plan required: OTM District. All new uses, change of uses of, expansions of, alterations to or additions to existing lawful uses, except single- and two-family dwellings which will be used for that purpose, shall be subject to site plan approval by the Planning Commission.
D.
Performance standards: OTM District.
(1)
No more than three separate uses shall be permitted per lot. Each dwelling unit and commercial establishment shall be counted as one use.
(2)
No residential uses shall be permitted within accessory structures.
(3)
No retail liquor sales permitted in connection with any permitted use.
(4)
No drive-through facilities permitted.
(5)
Maximum building height of 35 feet.
(6)
Outdoor storage or display of goods, materials or equipment shall be permitted to cover no more than 250 square feet or 20% of the front yard, whichever is less. No outdoor storage or display shall exceed five feet in height. All outdoor storage must be adequately landscaped and screened as determined by the Planning Commission.
(7)
When reviewing plans for new construction or substantial alterations, the Planning Commission will consider the following in order to make its determination that the development complements or enhances the residential character of the area:
(a)
The materials of the exterior;
(b)
The type and pitch of roofs;
(c)
The size and spacing of windows, doors and other openings;
(d)
The size, type and location of signs;
(e)
Towers, chimneys, roof structures, flagpoles, radio and television antennas;
(f)
The relation to existing buildings and structures in the general vicinity and area.
(8)
All new or expanded uses shall be appropriately screened, buffered and landscaped as determined by the Planning Commission.
(9)
Hours of operation. No nonresidential use may be open for business earlier than 7:00 a.m. or later than 10:00 p.m.
(10)
No nonresidential use may accept deliveries from a truck over 25,000 pounds gross vehicle weight nor may a truck or other mobile equipment be operated on the premises of any nonresidential use earlier than 8:00 a.m. or later than 6:00 p.m., Monday through Saturday, or at all on Sundays.
(11)
Noise. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line, and shall be screened as determined by the Planning Commission to prevent noise intrusion onto or visibility from adjacent residential properties. Noise-generating uses shall be prevented from intruding on adjacent properties by their operation, location in the building and/or construction (e.g., sealed windows). Noise levels of noise generating equipment shall not exceed 80 dB as measured at any of the property lines.
(12)
Lighting. All lighting shall be designed to eliminate light overflow onto adjacent properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.
(13)
Off-street parking requirements for permitted uses.
(a)
Changes of use, expansion of/alteration to existing uses, and new uses in structures which exist prior to January 1, 2001:
[1]
No additional off-street parking spaces required. The Planning Commission may require that existing parking spaces (or an equivalent number of spaces) be preserved on site.
(14)
Signs. Signs shall be permitted in accordance with the requirements of § 88-14 of the Town Code.
(15)
The Planning Commission shall determine the width of commercial entrances as part of site plan review.
E.
Special exception uses: OTM District. The following uses are permitted as special exceptions in the OTM District when the requirements for a special exception under Article IX of this chapter are satisfied and when authorized by the Board of Appeals:
(1)
Day care, nursery school, senior day care, provided the following standards are met:
(a)
Customer dropoff area is provided.
(b)
No more than one commercial vehicle is stored on the property.
(c)
Safe and orderly flow of traffic can be assured.
(d)
Off-street parking requirements for special exception uses are met.
(e)
All performance standards and lot and yard dimensional requirements of the OTM District are met.
(3)
Bakeries and caterers, provided the following standards are met:
(4)
Funeral homes, provided the following standards are met:
(5)
Restaurants, provided the following standards are met:
(a)
Maximum number of customer seats permitted is 50.
(b)
Safe and orderly flow of traffic can be assured.
(c)
Liquor sales only permitted in conjunction with food sales.
(d)
No live entertainment shall be permitted.
(e)
Off-street parking requirements for special exception uses are met.
(f)
All performance standards and lot and yard dimensional requirements of the OTM District are met.
(6)
Art or craft studio; martial arts instruction; music or dance studio; exercise or fitness studio; or other type of private instruction; provided the following standards are met:
(a)
Customer dropoff area is provided.
(b)
The number of clients or students shall not exceed 12 students at any time in on one or more classes.
(c)
Classes of four or more students must be scheduled at least 15 minutes apart to reduce traffic congestion.
(d)
Safe and orderly flow of traffic can be assured.
(e)
Off-street parking requirements for special exception uses are met.
(f)
All performance standards and lot and yard dimensional requirements of the OTM District are met.
F.
Off-street parking requirements for special exception uses.
G.
Dimensional standards: OTM District.
Minimum Yard Depth | |||||
|---|---|---|---|---|---|
Old Town Mixed-Use District | Minimum Lot Area | Minimum Lot Width | Front Yard (one) | Side Yard (each) | Rear Yard (one) |
Single-family dwellings | Not specified | Not specified | 20 | 8 | 25 |
Two-family dwellings | Not specified | Not specified | 20 | 8 | 25 |
Bed-and-breakfasts | Not specified | Not specified | 20 | 8 | 25 |
Mixed-use lots | Not specified | Not specified | 20 | 8 | 25 |
Other uses | Not specified | Not specified | 20 | 8 | 25 |
H.
Other requirements: OTM District. Maximum first floor area of buildings on a lot (excluding parking and accessory structures) shall be 5,000 square feet or 40% coverage of the total lot area, whichever is less. This standard applies to additions and alterations to existing structures as well as new construction.
§ 88-37 Homeowners' association.
[Amended 8-10-2023 by Ord. No. 2023-03]
A homeowners' association will be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities, including drives, service and parking areas and recreation areas in townhouse or apartment developments. When required, the owner(s) must establish a homeowners' association in accordance with the requirements and procedures outlined by the Federal Housing Administration in Sections 7 and 8.2 of the Land Planning Bulletin No. 6, entitled "Planned Unit Development with a Home Association," dated December 1963. The concept of the homeowners' association and its bylaws must be approved by the Planning Commission.[1]
[1]
Editor's Note: Original Sec. 11.0, Planned Unit Development, which immediately followed this section, was replaced by Ch. 53, Planned Unit Development. Chapter 53 was repealed 8-13-1980.