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Town of Smithsburg, MD
Washington County
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A. 
For the purpose of this chapter, zoning districts are hereby established as follows:
SR
Suburban Residential District
TR
Town Residential District
TC
Town Center District
GC
General Commercial District
NC
Neighborhood Commercial District
EC
Employment Center District
B. 
For the purposes of this chapter, the zoning districts established by Subsection A shall be of the number, size, shape and location shown on the "Town Zoning Map" adopted and included in its entirety as a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C. 
Regardless of the existence of copies of the Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be maintained in the office of the Zoning Administrator, shall be the final authority as to the current zoning status of land, buildings, and other structures.
A. 
The following rules shall apply for interpreting the zoning district boundary lines drawn on the Zoning Map:
(1) 
Boundaries drawn approximately along the center lines of streams, drainageways, streets, roads, alleys, or railroad or other rights-of-way shall be construed to follow such center lines.
(2) 
Boundaries drawn approximately parallel to the center lines of streams, drainageways, streets, roads, alleys, or railroad or other rights-of-way or parallel to property lines shall be construed to lie parallel to such center lines or property lines at the distance therefrom noted upon the Zoning Map.
(3) 
Boundaries drawn approximately along platted lot lines or other property lines shall be construed to follow such lines.
(4) 
The location of boundaries otherwise in question shall be determined by the dimensions or notations upon the Zoning Map.
B. 
Where a zoning district boundary line as shown on the Zoning Map divides a lot or property which was in single ownership and of record at the effective date of this chapter, the uses permitted thereon and the other district requirements applying to the least restricted portion of such lot shall be considered as extending over the entire lot or for a distance of 50 feet from the district boundary line into the more restricted portion of the lot, whichever distance is less.
A. 
Unless otherwise provided by law or specifically in this chapter, no land or building or structure shall be used or occupied except for a use permitted, as specified in this article, in the zoning district within which the land or building or structure is located.
B. 
No use shall be permitted except in compliance with the laws of the state and the regulations of the Washington County Health and Human Services Department regarding water supply and waste disposal, as evidenced by the written approval of the Washington County Health and Human Services Department.
C. 
A use listed in the Table of Use Regulations[1] of this chapter is permitted by right in any zoning district under which it is denoted by the letter "P," provided that such use shall be subject to the conditions and requirements specified in the Table of Use Regulations and elsewhere in this chapter. Such uses permitted by right shall be principal uses within the meaning of this chapter, unless otherwise specified.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
D. 
A use listed in the Table of Use Regulations of this chapter is permitted as an accessory use, as defined in Article II, in any zoning district under which it is denoted by the letter "A," provided that such use shall be subject to the conditions and requirements specified in the Table of Use Regulations and elsewhere in this chapter.
E. 
A use listed in the Table of Use Regulations shall not be permitted in any zoning district under which it is denoted by the letter "N." Such uses lawfully existing at the effective date of this chapter shall be construed as nonconforming uses subject to the provisions of Article VIII.
F. 
A use listed in the Table of Use Regulations may be permitted as a special exception in any zoning district under which it is denoted by the letters "SE," provided that approval for said use has been granted by the Board of Zoning Appeals pursuant to Article X, and further provided that said use shall be subject to the conditions and requirements specified in the Table of Use Regulations and elsewhere in this chapter and to such further requirements as the Board of Zoning Appeals may establish in granting the special exception.
G. 
Any use lawfully existing on the effective date of this chapter which is classified as requiring a special exception in the zoning district in which it is located shall be deemed to have been granted a special exception. Any change in the character and extent of operations or structure existing on the effective date of this chapter shall require a special exception granted by the Board of Zoning Appeals pursuant to Article X.
A. 
All areas annexed to the Town after the effective date of this chapter shall automatically be classified in the SR Suburban Residential District, provided that the Mayor and Town Council may, after public notice and hearing pursuant to Articles X and XI, provide for the classification of such annexed areas or part thereof in another zoning district or districts, effective upon the date of such annexation.
B. 
If the Mayor and Town Council do not provide in advance for the zoning classification of newly annexed areas in the manner provided in Subsection A above, the Planning Commission shall, within six months of the date of such annexation, prepare and recommend to the Mayor and Town Council comprehensive development plans and recommendations for zoning of such annexed areas.
As an aid in interpreting the provisions of the Table of Use Regulations, the Mayor and Town Council hereby state in summary the purposes for which the various zoning districts are established and their intentions regarding the types of uses which should be permitted to further the objectives of the adopted Town Comprehensive Plan.
A. 
Suburban Residential District. This district provides for suburban-type residential subdivision development in areas of similar existing development and where natural features of the land and capacities of utilities, streets or other service systems may require this type of development. Development is thus permitted at a moderate density consistent with state health standards, and the residential areas are protected from the intrusion of incompatible nonresidential uses.
B. 
Town Residential District. This district provides for somewhat higher densities than the suburban residential development, where future development of this type can safely proceed. The Town Residential District is intended to recognize existing Town development and its logical extension; it accommodates a variety of residential uses, plus limited "convenience" retail commercial uses desirable to serve only residential areas.
C. 
Town Center District. This district provides continuation of the Town's core area which generally contains a mixture of residential, commercial and public service uses.
D. 
General Commercial District. This district provides for commercial uses mainly for retail sales and services and related activities requiring good highway access to serve the Town and external geographic regions.
E. 
Neighborhood Commercial District. This district provides for the establishment of uses intended primarily to serve the daily and convenience shopping and personal service needs of residents in subsections of the Town and not those of a large geographic region that would extend beyond the corporate limits.
F. 
Employment Center District. This district provides for industries and areas which are ideally suited for desirable types of light industrial development because of their proximity to major highways and utility services. Because of the urgent need to promote the public welfare by encouraging additional employment opportunities, such land should not be preempted by other permanent uses and is therefore designated solely for manufacturing, office and related activities which would provide new jobs in the Town's economy.
The Table of Use Regulations is included at the end of this chapter.