A.
The regulations for each district pertaining to minimum lot area,
minimum lot area per dwelling unit, minimum lot width, maximum height,
and minimum required yards shall be as specified in the Table of Dimensional
Requirements for Principal Uses,[1] subject to any further applicable dimensional requirements
or exemptions specified elsewhere in this chapter.
[1]
Editor's Note: The Table of Dimensional Requirements for Principal
Uses is included at the end of this chapter.
B.
The minimum lot areas specified in the Table of Dimensional Requirements
for Principal Uses are based upon the availability of a public water
supply system and a public sewage disposal system. If these systems
are not available to serve a proposed use, the following other applicable
standards of the Maryland Department of the Environment, as administered
by the Washington County Health and Human Services Department, shall
be used in determining lot size:
(1)
Using
a private water supply and a private sewage disposal system.
Percolation Rate (time required for a 1-inch drop)
(minutes)
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
---|---|---|---|
1 to 5
|
100
|
20,000
| |
6 to 15
|
125
|
25,000
| |
16 to 25
|
150
|
30,000
| |
26 to 30
|
150
|
40,000
|
(2)
Using
a public water supply and a private sewage disposal system.
Percolation Rate (time required for a 1-inch drop)
(minutes)
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
---|---|---|---|
1 to 5
|
100
|
15,000
| |
6 to 15
|
100
|
17,500
| |
16 to 25
|
100
|
20,000
| |
26 to 30
|
150
|
30,000
|
(3)
Using
a private water supply and a public sewage disposal system.
Percolation Rate (time required for a 1-inch drop)
(minutes)
|
Minimum Lot Width
(feet)
|
Minimum Lot Area
(square feet)
| |
---|---|---|---|
1 to 5
|
75
|
12,000
| |
6 to 15
|
75
|
12,000
| |
16 to 25
|
75
|
12,000
| |
26 to 30
|
75
|
12,000
|
C.
Measurements of minimum land area and yards pursuant to the Table
of Dimensional Requirements for Principal Uses shall not include any
land within the right-of-way of any existing or proposed street.
D.
The uses listed in the Table of Dimensional Requirements for Principal
Uses shall only be permitted in any zoning district in accordance
with the provisions of the Table of Use Regulations.
E.
Minimum lot areas listed in Subsection B above shall not be less than the minimum lot size and lot width specified in the Table of Dimensional Requirements for Principal Uses. Nor shall Subsection B supersede the policies of the Smithsburg Public Works Department as they relate to public water and sewer requirements.[2]
The Table of Dimensional Requirements for Principal Uses is
included at the end of this chapter.
A.
A building may be constructed, provided that the yard requirements
are observed, on any lot which was lawful when created and which,
prior to the effective date of this chapter, was in separate ownership
duly recorded by plan or deed; provided, however, that at or subsequent
to the effective date of this chapter, if two or more contiguous lots
in single ownership can be replatted that will create one or more
lots which would conform to the above provisions, no exception shall
be granted.
B.
Minimum lot area, lot width and building setbacks in any district
shall not apply to a lot reduced in area below the minimum for that
zoning district by reason of a dedication for public purposes or by
reason of a condemnation proceeding initiated by a federal, state
or county governmental agency.
The lot or yard areas required for any new building or use shall
not include any part of a lot that is required by any other building
or use to comply with the requirements of this chapter. No required
lot or area shall include any property, the ownership of which has
been transferred after the effective date of this chapter, if such
property was a part of the area required for compliance with the dimensional
requirements applicable to the lot from which such transfer was made.
When there is an existing building on each of the lots adjoining
the lot on which a building is proposed to be erected, and where each
such existing building lies within 100 feet of such proposed building
and lies nearer to the street line than the required front yard depth
elsewhere specified in this chapter, then the average of the existing
front yard depths of such adjoining lots shall be the minimum required
front yard depth for the lot on which the proposed building is to
be erected.
A.
Subject to § 405-20, the provisions of the Table of Dimensional Requirements for Principal Uses shall not apply to fences, terraces or walls which are less than six feet above the natural grade. Steps, uncovered porches, decks or other similar features not over three feet high above the finished grade are limited to no more than 50% modification of the required yard setbacks.
B.
Projections such as bay windows, chimneys, entrances, vestibules,
balconies, eaves and ladders may extend into any required yard not
more than four feet, provided that such projections (excepting eaves)
are not over 10 feet in length.
D.
If attached to the dwelling, a one-story open deck without a roof
may extend into the required rear yard not more than the 40% in the
TC District, 35% in the TR District or 30% in the SR District.
On every corner lot abutting the intersection of two streets,
a triangular area within the lot shall remain clear of any structure,
wall, fence, planting or other visual obstruction which might cause
danger to traffic by obscuring the view across the lot between the
height of two feet and seven feet above the level of the intersecting
streets; such triangular area shall be delineated by a line drawn
across the lot to connect points on the two street lines at a distance
of 25 feet from the intersection of the street lines.
Completely detached accessory buildings equal to or less than
100 square feet in gross floor area may occupy required side and rear
yards but shall not be located closer than five feet to any side or
rear property line. Any detached accessory building greater than 175
square feet in gross floor area shall have a minimum distance to the
side or rear lot line not less than the longest horizontal dimension
of the structure or the minimum distance specified for that district,
whichever is the lesser of the two. In no case shall an accessory
building that is to be permanently placed (footers/foundation) on
a lot be allowed to occupy an easement established on a duly recorded
subdivision plat.
All yards adjoining public streets, except yards adjoining alleys,
shall be deemed front yards and all other yards shall be deemed side
yards.
A.
No principal building or structure shall exceed 35 feet or three
stories in height, and no accessory building or structure shall exceed
20 feet in height; provided, however, that said height limitations
shall not apply to barns, windmills, silos, or other accessory farm
structures, or to belfries, steeples, spires, electric, broadcasting
or utility poles, equipment or towers, water towers, chimneys or smokestacks,
flagpoles, fire or observation towers, cupolas, domes, monuments,
penthouses or roof structures for housing stairways, or to tanks,
ventilating fans, air-conditioning equipment or similar equipment
required to operate and maintain the building.
B.
In any residential or commercial district, the height of a building
may be extended to three stories, but not over 45 feet, if each side
yard is increased in width 1/2 foot for each additional one foot of
height above the normal maximum limit.
C.
On any lot where the average finished slope adjoining the building
exceeds 7% grade, one story, in addition to the number permitted,
shall be allowed on the downhill side of any building erected, but
the building height limit shall not otherwise be increased.
A building in existence before the effective date of this chapter
shall be exempt from front, side and rear yard requirements when the
proposed use is a principal permitted use within that zoning district.
This exemption is not applicable to any new yard requirement resulting
from the establishment of a new line of subdivision nor to the expansion
of said buildings or uses.
For a lot of record in any district wherein a single-family
or two-family dwelling is principally permitted and/or if such use
is existing, if the lot does not meet the minimum lot area and/or
minimum lot width for the district in which it is located, the following
modifications shall apply:
A.
The sum of the side yard widths of such lots shall be a minimum of
30% of the lot width, and in no case shall any one side yard be less
than 10% of the width of the lot.
B.
The depth of the rear lot from the principal permitted use to the
property line shall be a minimum of 25% of the depth of the lot.