Walkersville City Zoning Code
ARTICLE VI
Commercial Districts
§ 88-38 Intent and purpose: B-1 District.
[Amended 8-10-2023 by Ord. No. 2023-03]
The B-1 District is intended to permit residential areas the convenience of having a limited number of frequently used retail and service needs in close proximity to meet their daily requirements. This district is intended to encourage the provision of small, safe, attractive and well-located shopping areas for primarily pedestrian use in a manner that will make them compatible assets to the residential environment.
§ 88-39 Intent and purpose: B-2 District.
The B-2 District is intended to be the single central shopping, service and entertainment center for the community and the surrounding region. It is intended that stores and other facilities will be grouped together in an attractive and convenient manner with particular attention being paid to the safety of pedestrian travel and the protection of adjoining residential areas. It is essential that this district have excellent vehicular accessibility from both the central community and the region and that safe and adequate off-street parking and loading is provided. No drive-in eating places or lodging places are recommended for location herein.
§ 88-40 Intent and purpose: B-O District.
[Added 8-10-1988]
A.
The Business-Office District is intended to provide areas along certain major streets where nonretail commercial uses, such as business and professional offices, may be located in a low-intensity manner, such that they can be compatible with adjacent residential uses. These areas must be designated "commercial" or "highway service" on the Comprehensive Plan. The requirements of this zone are designed to protect the adjacent or surrounding residential areas and to create an appearance of open, uncluttered and orderly development.
B.
No outdoor storage shall be permitted.
D.
Parking.
[Amended 10-11-1989 by Ord. No. 89-6]
(1)
Parking required shall be one space for each 100 square feet of floor area. Parking areas must be paved and shall not be permitted in the front yard. Rear yard parking may project to within 1/2 of the required setback. Parking may be provided on a separate lot if within 300 feet of the building it serves, and two or more owners may join together in the provision of this parking space. Existing buildings not complying with these requirements will not be exempt if the use changes.
(2)
Required parking shall be one space for each 167 square feet (six spaces per 1,000 square feet) of floor area for multiple user business office developments totaling 20,000 square feet of floor area or greater. Parking areas in such developments shall be permitted between the proposed building and the minimum twenty-foot front yard setback, subject to site plan approval.
E.
No lights may glare on adjoining residential structures.
F.
A site plan required for a change in use.
H.
Outside vending machines:
(1)
Machines must occupy not more than 21 square feet of total surface of the property of record on which they are located.
(2)
Vending machines may not be stacked one upon the other.
(3)
Location of machines must be indicated on site plan.
(4)
Machines must be located on a paved surface abutting the main structure on the property.
(5)
All machines on the site must be located side by side to each other and not at multiple locations on the site.
(6)
Vending machines may not be located in such a location as to interfere with pedestrian or vehicular traffic onto, off of, or within the property on which they are located or adjoining public property or rights-of-way.
§ 88-41 Permitted uses: B-1 District.
The following uses are permitted in the B-1 District:
A.
Any use permitted in a residential district.
B.
Lodging and institutional: lodging houses, hospitals, institutions, fraternities and sororities and volunteer fire departments.
C.
Major retail outlets: furniture, department, clothing, dry goods, shoe and variety stores; and hardware, electrical appliance, paint and wallpaper stores.
D.
Food, drug and beverage: grocery, fruit or vegetable stores; supermarkets; meat markets; delicatessens; drugstores; bakeries in conjunction with retail sales; restaurants; and tearooms.
E.
Specialty shops: gift shops; jewelry stores; magazine, book and stationery outlets; florist shops; camera and photography shops and studios; sporting goods; and antique shops.
F.
Service: laundromats; dry-cleaning and laundry pickup stations; barber- and beauty shops; dressmaking and millinery shops; shoe repair and tailor shops; mortuaries; indoor storage and transfer establishments; repair shops for appliances and small articles; newspaper printing and publishing facilities; and print, furnace, heating, typewriter and plumbing shops.
[Amended 3-24-1982]
G.
Business and professional offices: medical and dental offices and clinics; law offices; insurance and real estate offices; banks; finance and utility company offices; and animal hospitals and clinics with no open kennels.
H.
Accessory uses or buildings.
I.
Business and advertising signs, and real estate and public building signs or bulletin boards when attached to a building pertaining to the use of the property on which the sign is located, provided that they meet the requirements of Article II, § 88-14B. Freestanding signs may be permitted in the B-1 District with approval by the Burgess and Commissioners.
[Amended 3-28-1984]
K.
Outside vending machines.
(1)
Machines must occupy not more than 21 square feet of total surface of the property of record on which located.
(2)
Vending machines may not be stacked one upon the other.
(3)
Location of machines must be indicated on site plan.
(4)
Machines must be located on a paved surface abutting the main structure of the property.
(5)
All machines on the site must be located side by side to each other and not at multiple locations on the site.
(6)
Vending machines may not be located in such a location as to interfere with pedestrian or vehicular traffic onto, off of, or within the property on which they are located or adjoining public property rights-of-way.
§ 88-42 Permitted uses: B-2 District.
The following uses are permitted in the B-2 District:
A.
Any use permitted in the B-1 Neighborhood Business District, except permitted residential uses and those uses stated in § 88-41B, and signs shall be permitted only in accordance with the specifications of this section.
(1)
Department and clothing stores.
(2)
Furniture and appliance stores.
(3)
Paint and hardware stores.
(4)
Banks; savings-and-loan offices.
(5)
Jewelry, stationery, flower, pet and other specialty shops.
(6)
Business and professional offices.
(7)
Radio, television and shoe repair and other repair services.
(8)
Lodging facilities: hotels and motels.
(9)
Service stations and minor repair shops.
(10)
Restaurants and cafes, including entertainment activities.
(11)
Laundry and dry-cleaning establishments.
(12)
Public buildings of a cultural, administrative or public-service nature.
(13)
Clubs and lodges.
(14)
Multiple-occupancy office.
B.
Accessory uses or buildings.
E.
Outside vending machines.
(1)
Machines must occupy not more than 21 square feet of total surface of the property of record on which located.
(2)
Vending machines may not be stacked one upon the other.
(3)
Location of machines must be indicated on site plan.
(4)
Machines must be located on a paved surface abutting the main structure on the property.
(5)
All machines on the site must be located side by side to each other and not at multiple locations on the site.
(6)
Vending machines may not be located in such a location as to interfere with pedestrian or vehicular traffic onto, off of, or within the property on which they are located or adjoining public property or rights-of-way.
§ 88-43.1 Permitted uses: B-O District.
[Added 8-10-1988]
The following uses are permitted in the B-O District:
B.
Business and professional offices: medical, dental offices and clinics; offices of architect, engineer, surveyor, attorney and accountant; insurance and real estate offices; banks, finance and utility company offices; and secretarial and management services.
C.
Nursery school or child-care center, provided that it includes an adequately sized play area, fully fenced and enclosed, and the main structure is no closer than 20 feet to any adjacent lot line.
D.
Funeral home.
E.
Broadcasting studio, artist studio.
F.
Tourist home, bed-and-breakfast (not motel).
G.
Barber- or beauty shop, sewing or tailoring (not dry cleaners).
H.
One-story accessory structures customarily incidental and subordinate to the above principal uses and structures, provided that the total square footage does not cover more than 30% of the square footage of the rear yard.
J.
Outside vending machines.
(1)
Machines must occupy not more than 21 square feet of total surface of the property of record on which located.
(2)
Vending machines may not be stacked one upon the other.
(3)
Location of machines must be indicated on site plan.
(4)
Machines must be located on a paved surface abutting the main structure on the property.
(5)
All machines on the site must be located side by side to each other and not at multiple locations on the site.
(6)
Vending machines may not be located in such a location as to interfere with pedestrian or vehicular traffic onto, off of, or within the property on which they are located or adjoining public property or rights-of-way.
§ 88-44 Special exception uses.
[Amended 9-27-1978 by Ord. No. 101]
The following uses are permitted as special exceptions in the specified commercial district when authorized by the Board of Appeals:
Use | Business District and Limitations | |
|---|---|---|
Greenhouses, nurseries and lumberyards | B-1, provided that no structure is closer than 25 feet to a residentially zoned lot | |
Hospitals and educational, religious and philanthropic institutions | B-1 and B-2, provided that not more than 40% of the lot is occupied and each yard is increased 1 foot for each 1 foot in excess of usual height limitations | |
Independent senior living communities [Added 5-25-2005 by Ord. No. 2005-03] | B-1 and B-2, provided that: | |
1) | Minimum parking ratio of 1.25 parking spaces provided per living unit | |
2) | Development to consist of a minimum of 5 acres including commercial portion | |
3) | A minimum of 25% of total land area must be a planned commercial set aside | |
4) | Density of no greater than 1,500 square feet for one-bedroom and 2,000 square feet for two-bedroom units | |
5) | Development is proximate to residential uses. | |
Children's nurseries and pre-kindergarten, kindergarten and other private schools | B-1 and B-2, provided that 100 square feet of open space is maintained for each child enrolled | |
Theaters and hotels | ||
Bowling alleys and other commercial recreation facilities [Added 3-24-1982] | ||
Nursing homes and assisted-care facilities [Added 12-9-1998 by Ord. No. 98-18; amended 8-10-2023 by Ord. No. 2023-03] | B-O, provided that the nursing home and assisted-care facility meet all the specific yard requirements set forth in § 88-32 for multifamily dwellings and provided that off-street parking spaces are provided for each attendant or worker and for each three patients to be cared for therein | |
§ 88-45 Building height regulations.
In the B-1, B-2 and B-O Districts, no building shall exceed three stories or 35 feet in height.
§ 88-46 Essential services.
§ 88-47 Off-street parking and loading.
§ 88-48 (Reserved) [1]
[1]
Editor's Note: Former § 88-48, Required site plans, was repealed 6-25-1980.
§ 88-49 Required lot and yard dimensions.
Minimum Lot Area | Minimum Lot Width (feet) | Minimum Yard Depth (feet) | |||
|---|---|---|---|---|---|
Front Yard4 (one) | Side Yard (each)2 | Rear Yard (one) | |||
B-1 Neighborhood Business District1 | Not specified | Not specified | 20 | 10 (when adjacent to an R District) | 25 |
B-2 Shopping Center District2,3 | Not specified | Not specified | 30 | 203 | 30 |
B-O Business-Office District6 [Added 8-10-1988] | Not specified | Not specified | 205 | 10 | 25 |
Motel | 2 acres | 300 | 25 | 10 | 25 |
1 | Note: Residential uses in the B-1 Neighborhood Business District shall meet the lot area, width and yard requirements of the R-4 District. [Amended 8-12-1992] | |
2 | Note: No side yard required when adjacent to other commercial or industrial lots. When adjacent to a residential district (not a residential lot), yards are measured from the structure or parking area, whichever is closest to the lot line. | |
3 | Note: Parking areas in the B-2 District may project to within 1/2 of the required setback. [Amended 7-13-1983] | |
4 | Note: See § 88-16 relating to the placement of gasoline pumps in service stations. | |
5 | Note: Parking shall not be permitted in the front yard. Rear yard parking may project to within 1/2 of the required setback. Parking areas in multiple user business office developments of 20,000 square feet of floor area or greater shall be permitted between the proposed building and the minimum 20-foot front yard setback, subject to site plan approval. [Amended 10-11-1989 by Ord. No. 89-6] | |
6 | Note: Existing structures as of August 10, 1988, will not be required to conform to setbacks, but any addition will be subject to the setbacks. | |
7 | Note: The required lot and yard dimensions in § 88-49 do not apply to individual subdivision lots located in a multiuser business park, which park contains uses totaling at least 20,000 square feet of floor area in two floors or less in the B-O Zoning District, and such lots are not required to front on a public right-of-way, provided that: | |
(a) | The multiuser business park as a single parcel and the uses and/or structures on the perimeter of the park comply with the required lot and yard dimensions of this section; and | |
(b) | The Planning Commission determines to its satisfaction that all public improvements required for such lot are adequately guaranteed before construction on the lot begins and that appropriate recorded easements, covenants, maintenance agreements and/or owners' association are established to provide perpetual access to public streets and utilities and improvement and maintenance of common areas and facilities in the multiuser business park; and | |
(c) | The other applicable requirements of this chapter have been satisfied and that the lot conforms with the overall design and development concept for the multiuser business park approved by the Planning Commission. [Added 1-23-1991 by Ord. No. 90-4] | |