A.
Height regulations shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or to chimneys, ventilators, skylights, water tanks, bulkheads, grain or feed elevators or storage tanks, utility poles or communications towers or necessary mechanical appurtenances.
B.
Maximum height limits in the M-1 and M-2 Industrial Districts.
(2)
The Board of Appeals may grant a variance permitting a greater height. In granting such a variance, the Board may impose such conditions, including increased yard setbacks and construction requirements, as it deems necessary to protect the general character of the neighborhood as well as the public health, safety and general welfare.
C.
The Planning Commission may increase the maximum height limit for principal and accessory structures where the additional height is necessitated by compliance with the Town's floodplain regulations.
A.
Required yard setbacks. Unless otherwise indicated, all lots shall have front, side and rear yards [as set forth in § 200-99]. No principal building or structure or part thereof and, when specified, no principal use of land shall occupy any required yard or other setback except as a variance granted by the Board of Appeals or as provided in § 200-33F.
B.
Required yards not to be reduced.
(1)
No lot shall be reduced in area to make any yard or any other open space less than the minimum required by this chapter, and if already less than the minimum required, such yard or open space shall not be further reduced except by the approval of the Board of Appeals in accordance with the provisions in Article VI or as provided for in an approved planned development floating zone or projects approved by the Planning Commission in the Community Redevelopment Overlay District.
(2)
No part of a yard or other open space provided about any building, structure or use for the purposes of complying with the provisions of this chapter shall be considered as part of a yard or other open space required under this chapter for another building, structure or use, except as provided for in an approved planned development floating zone or projects approved by the Planning Commission in the Community Redevelopment Overlay District and as provided in Subsection C.
C.
Lots used in combination. When two or more contiguous lots are in single ownership, they may be considered as a single lot for purposes of calculating lot and setback requirements, provided that the deeds for such lots are amended or deed of consolidation is executed and recorded to show that such lots may be transferred only as a unit.
A.
No structure shall be erected or placed on any lot within the Town limits of Snow Hill unless said lot has a minimum lot frontage of 40 feet on a public street, road, right-of-way or private dedicated right-of-way, but not an alley, having a minimum width of 40 feet.
B.
The term "frontage" means breadthwise and not lengthwise, and has reference to that part of a lot which fronts on or is bounded by a public street, road, or place; it is not synonymous with "mean width."
A.
Permitted extensions into minimum required yards. Every part of a required yard shall be open to the sky, except the features set forth in the following paragraphs may extend into minimum required yards as specified.
(1)
The following shall apply to any structure:
(a)
Cornices, canopies, awnings, eaves or other such similar features, all of which are at least 10 feet above finished ground level, may extend three feet into any minimum required yard but not closer than five feet to any lot line.
(b)
Sills, leaders, belt courses, chimneys and other similar ornamental features may extend 12 inches into any minimum required yard.
(c)
Open balconies, fire escapes, fire towers, uncovered stairs and stoops, air conditioners and heat pumps, none of which are more than 10 feet in width, may extend five feet into any minimum required yard, but not closer than five feet to any lot line.
(d)
Bay windows, chimneys, and small solar energy systems or heating equipment may project a distance not to exceed three feet, provided that such features do not occupy, in aggregate, more than 1/3 of the length of the wall on which they are located.
(e)
Window air-conditioning units may project to a distance not to exceed 24 inches into a required yard.
(f)
Carports may extend five feet into any minimum required side yard, but not closer than six feet to any side lot line and not closer than 10 feet to a principal structure on an adjacent lot subject to the following:
[1]
A carport may be freestanding or attached to another structure.
[2]
A carport cannot exceed 1,000 square feet in area or one story in height and must be entirely open on two or more sides except for structural supports.
[3]
There can be no enclosed use above a carport.
[4]
Any structure which does not meet the above definition must comply with all regulations relating to a private garage.
(g)
An accessibility improvement may extend into any minimum required yard.
(2)
The following shall apply to any deck attached to a single-family detached dwelling:
(a)
Any open deck with no part of its floor higher than four feet above finished ground level may extend into minimum required yards as follows:
[1]
Front yard: six feet, but not closer than 14 feet to a front lot line in the R-1 District and not closer than 10 feet in the R-2 and R-3 Districts.
[2]
Side yard: five feet, but not closer than five feet to any side lot line.
[3]
Rear yard: 20 feet, but not closer than five feet to any side or rear lot line.
(b)
Any open deck with any part of its floor higher than four feet above finished ground level may extend into minimum required yards as follows:
(c)
Any roofed deck with no part of its floor higher than four feet above finished ground level may extend into minimum required yards as follows:
[1]
Front yard: six feet, but not closer than 14 feet to a front lot line in the R-1 District and not closer than 10 feet in the R-2 and R-3 Districts.
[2]
Side yard: five feet, but not closer than five feet to any side lot line.
[3]
Rear yard: 12 feet, but not closer than five feet to any rear lot line and not closer than a distance equal to the minimum required side yard to the side lot line.
(3)
The following shall apply to any deck attached to a single-family attached dwelling:
B.
In any M-1 and M-2 Districts, where any side or rear lot line adjoins a railroad right-of-way, the Board of Appeals may grant a variance pursuant to § 200-33F reducing the side or rear yard setback to zero feet where the use of the lot in question requires the use of the railroad.
C.
Front yard modifications.
(1)
Where 25% or more of the street frontage in the block face where the property in question is located is improved with residential units that front on the block face and have a front yard that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established. The average front yard shall be considered a build-to line and new principal buildings shall be located within five feet of a build-to line so established. Where 40% or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the remainder of the street frontage in the block face.
(2)
In order to preserve a unified streetscape the Planning Commission may establish a build-to line at the time of building application where the majority of existing residential structures on the block face are located at or near the minimum front setback line. Where established, the build-to line shall dictate the placement of a proposed building or structure from the street right-of-way line on which the building fronts. On a corner lot, the build-to line applies to both sides of the lot which have street frontage. The building front shall be placed on the build-to line. Variations of up to two feet from the street right-of-way to the build-to line may be permitted to create variety in streetscape. Whenever a building does not front on a right-of-way, the build-to line shall be measured from the edge of the pavement of an accessway in front of or on the side of the building.
Fences and walls may be located in a required yard subject to the following:
A.
Fences and walls not exceeding four feet in height above the elevation of the ground may be located in a front yard setback. Any fence erected in a front yard shall be placed at least one foot back from the front line and/or property line.
B.
Fences and walls not exceeding six feet in height above the elevation of the ground may be located in any rear or side yard setback.
C.
Notwithstanding Subsections A and B above, for lots which front two or more streets [i.e., which have a rear or side yard (per Code definitions) fronting a street], the owner may apply for/seek approval from the Planning Commission through site plan review and approval for installation of a fence or wall along the front yard line not exceeding six feet. In regard to any such application, all neighboring/adjacent property owners shall be notified by regular mail of the request and the date on which the application will be considered and decided by the Planning Commission at a regular meeting. Final site plan approval by the Planning Commission shall constitute approval of the application.
D.
No front yard fences are allowed in townhouse projects.
E.
Property line fences or walls are not subject to accessory structure setbacks.
F.
In any district, the Board of Appeals may permit, as a special exception, the location of a fence or wall in any required setback and to any height, provided that such is reasonably necessary and will not adversely affect the use, enjoyment or value of surrounding property.
G.
Materials and composition.
(1)
No fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
(2)
Finished side of fence shall face to the outside of the property.
(3)
The following fences and fencing materials are specifically prohibited:
(a)
Barbed wire.
(b)
Pointed fences less than three feet in height.
(c)
Canvas fences.
(d)
Cloth fences.
(e)
Electrically charged fences.
(f)
Poultry fences.
(g)
Turkey wire.
(h)
Temporary fences such as snow fences.
(i)
Expandable fences and collapsible fences, except during construction of a building or structure.
(4)
All chain link fences erected shall be erected with the closed loop at the top of the fence.
(5)
All entrances or gates shall open into the property.
H.
All fences or walls must be erected so as not to encroach upon a public right-of-way or easements. All fences or walls must be erected on or within the property line and none shall be erected so as to interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on public or private property.
I.
Any fence, wall or similar structure which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction affecting the public safety is prohibited.
J.
Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the Code Enforcement Officer shall commence proper proceedings for the abatement thereof.
No sign, fence, wall, hedge, planting, structure or other obstruction to vision extending to a height in excess of three feet above the established street grade shall be erected, planted or maintained within the area of a corner lot (corner visibility zone) that is included between the lines of the intersecting streets and a straight line connecting them at points 45 feet distant from the intersection of the street lines unless otherwise allowed by the Code Enforcement Officer. (See Figure 95.1 Corner Visibility Zone.)
| Figure 95.1 Corner Visibility Zone  |
In any residential district, a single-family dwelling may be located on any lot or plat of official record as of the effective date of this chapter and in separate ownership from any adjacent lot, regardless of its area or width, subject to the following requirements:
A.
Accessory structures shall be distant at least three feet from a side lot line and five feet from a rear lot line and six feet from any other structure on the same lot.
B.
No accessory structure shall be located in any front yard, and the total floor area of all accessory structures shall not exceed 50% of the square footage of the existing dwelling unit.
C.
Where a corner lot adjoins in the rear a lot fronting on a side street, no accessory structure on such corner lot shall be closer to the side street line than the required front yard depth of the adjoining lot.
D.
Accessory buildings may not exceed 25 feet in height, as measured to the highest point on the building.
The following additional regulations apply to buildings that are accessory to (principal) nonresidential uses:
A.
Accessory buildings are prohibited in front yard setbacks.
B.
Accessory buildings are subject to the lot and building regulations of the subject zoning district.
C.
Accessory uses and structures in B-1 District.
(1)
Accessory uses and structures on lots with frontage on the Pocomoke River and that are proposed for location between the principal building and the mean high tide line shall be limited to those the Planning Commission determines are necessary for the operation of the principal nonresidential use or structure. The applicant must provide compelling reasons for such location of the accessory use or structure.
(2)
In addition to any other screening requirements accessory uses and structures located on the side of a principal use or structure on a lot with frontage on the Pocomoke River shall be screened from view from the street and from the waterfront side of the lot. Screening methods shall be approved by the Planning Commission.
[1]
Editor's Note: The Table of Height, Area and Bulk Requirements is included as an attachment to this chapter.
