The regulations set forth in this article or
elsewhere in this chapter are the regulations in the R-SF Single-Family
Residential District. The purpose of this district is to provide for
single-family residential development of spacious character, together
with such public buildings, schools, churches, public recreational
facilities and accessory uses as may be necessary or are normally
compatible with residential surroundings. This district is located
to protect existing development of high character and contains vacant
land considered appropriate for such development in the future.
No building or premises shall be erected, structurally
altered, enlarged or maintained nor shall any land be used, except
for the following purposes:
A.
Single-family dwellings, detached.
B.
Home occupations.
C.
Temporary buildings, the uses of which are incidental
to construction operations or sales of lots during development being
conducted on the same or an adjoining tract or subdivision and which
shall be removed upon completion or abandonment of such construction
or upon the expiration of a period of two years from the time of erection
of such temporary buildings, whichever is the sooner.
D.
Accessory buildings and uses, provided that such accessory
buildings are not used for housekeeping purposes.
E.
Religious institutions, including churches, parish
halls, temples, convents and monasteries.
The following uses of land and buildings within the R-SF District shall be allowed only by special exception to this chapter, granted only by the Board of Zoning Appeals. Standards and procedures for special exceptions are contained in Article XVII.
A.
Cemetery, including a crematorium if located at least
200 feet from the boundaries of the cemetery.
B.
Private recreational areas, with the following provisions:
(1)
All such areas shall be located on a lot with a minimum
area of three acres.
(2)
Facilities shall be limited to those for games and
outdoor uses. Indoor facilities shall include only meeting rooms and
locker rooms. Games and building locations shall not be located within
25 feet of the side lot lines and 25 feet of the rear lot lines.
(3)
Appropriate fencing and screen planting of all outdoor
activity areas shall be required. If parking areas are outside this
fencing, then appropriate screening of at least 3 1/2 feet in height
shall be constructed around parking areas to protect adjoining property
from headlights. The Town Commissioners may require the applicant
to file with the Town Clerk a performance bond during the period of
construction, reconstruction or alteration, such bond to be in an
amount determined by the Town Commissioners to be sufficient to insure
completion of landscaping and parking plans as submitted.
(4)
Any pumps and filters which are located above ground
shall be at least 50 feet from abutting properties.
(5)
All lights shall be shielded to reflect or direct
light away from adjoining property.
(6)
The required off-street parking space shall be computed
on the basis of one space for each 5,000 square feet of park area.
When pool facilities are included as part of the private recreational
facilities, one additional parking space shall be provided for each
100 square feet of pool area. The parking layout and surfacing shall
be approved by the Town.
C.
Private educational institutions.
D.
Public utility installations, including substations
and transmission lines, for sewer, water, gas and telephone lines.
E.
Hospitals and sanatoriums, but not animal hospitals
or clinics.
F.
Bed-and-breakfast inns, with the following provisions:
(1)
Meals shall be limited to transient guests only. The
use of the premises is limited to transient guests and the owner/manager.
The kitchen shall not be remodeled into a commercial kitchen unless
required by the Health Department.
(2)
No long-term rental of rooms shall be permitted. The
maximum stay for guests shall not exceed 14 days.
(3)
The structure shall serve as the primary residence
of the owner or manager, and the bed-and-breakfast use shall be operated
as an accessory use to the owner's or manager's residence.
(4)
The internal living area and private open area for
the owner's and manager's residential use shall be consistent with
the underlying zone requirements. A minimum of 40 square feet of common
area per guestroom shall be provided. Common areas are dining rooms,
reading rooms, living rooms and the like, available to all guests.
(5)
Bed-and-breakfast inns shall be required to comply
with the St. Mary's County Health Department's requirements.
(6)
Clearance must be received by the Planning Commission
from the Fire Department prior to issuance of an occupancy permit.
(7)
A county business license must be obtained prior to
operation.
(8)
Two parking spaces, plus one additional space per
room to be rented, must be provided. The Town's intent is to maintain
existing yards and landscaping. If the applicant is unable to provide
on-site parking without destroying existing yards and landscaping,
it should provide the Planning Commission with an alternative plan
for parking within 300 feet of the structure.
(9)
No cooking facilities shall be allowed in the guestrooms.
(10)
One sign with a maximum size of six square feet
may be displayed at a maximum height of 5 1/2 feet. Its size, color,
text, illumination and location shall be covered by the project permit.
The words "hotel" or "motel" shall not be allowed.
(11)
No retail sales, receptions, private parties,
etc., shall be permitted.
(12)
The permit to allow the bed-and-breakfast use
shall be issued for a period not to exceed two years. Any permit issued
is nontransferable. The permit is subject to review at any time and
may be revoked after a hearing by the Planning Commission and finding
by the Planning Commission that the use has become detrimental to
the surrounding neighborhood. No additional fees shall be charged
for renewal of permits.
(13)
The number of rooms permitted in the bed-and-breakfast
inn shall be specified in the conditional use permit.
(14)
The structure in which the bed-and-breakfast
inn is located shall be at least 50 years of age.
(15)
Any changes to the structure of the building,
both exterior and interior, required to meet any of the other requirements
of this chapter must be reviewed by the Planning Commission prior
to the issuance of a conditional use permit.
(16)
Any other conditions deemed essential and desirable
by the Planning Commission may be imposed on such a use.
G.
Accessory apartments. Accessory apartments on lots
occupied by a single-family residential use, subject to the following
standards and requirements:
[Amended 5-9-2011 by Ord. No. 149]
(1)
The
principal or accessory unit must be owner-occupied for a period not
less than seven months in every calendar year.
(2)
The
accessory apartment shall be clearly subordinate to the single-family
dwelling.
(3)
The
accessory unit must occupy no more than 35% of the floor area of the
principal residential structure and shall have a minimum floor area
of 350 square feet and a maximum floor area of 900 square feet.
(4)
At
least two off-street parking spaces shall be available for each unit,
and parking must be screened or placed appropriately to ensure compatibility
with the surrounding neighborhood and to reduce visual impact.
(5)
The
accessory apartment shall be constructed so that, to the degree reasonably
feasible, the appearance of the building remains that of the single-family
residence. Any separate entrance shall be located so the appearance
of a single-family home is preserved.
(6)
If
the apartment is not a part of the dwelling, it shall be located within
50 feet of the dwelling, shall satisfy the yard requirements or setbacks
applicable to residential uses in the R-SF district, and in no case
shall it contain less than 350 square feet nor more than 900 square
feet in gross floor area of enclosed space, including enclosed porches.
(7)
Both
units shall have adequate water and sewer facilities.
(8)
No
more than one accessory apartment may be permitted on one lot.
(9)
No
accessory apartment may be used for commercial accommodations or summer
rentals.
[Amended 5-9-2011 by Ord. No. 149; 1-13-2014 by Ord. No. 162]
A.
All standards
are summarized in Chart A, Height, Area and Bulk Requirements.[1] All uses, structures and buildings listed as permitted
or approved as special exception in this district shall be located
on a lot having a net area of at least 10,000 square feet, with a
minimum lot width of 70 feet and a minimum lot depth of 100 feet.
The front yard shall have a minimum depth of 25 feet, a minimum width
of each of two side yards of eight feet, and a total aggregate width
of 18 feet for both side yards, and a minimum depth of rear yard of
25 feet.
[1]
Editor's Note: Chart A is included at the end of this chapter.
B.
Paved
driveways required. All new single-family, two-family or multifamily
residential structures with driveways, turn-arounds or parking areas
with ingress or egress off of a public street must be paved. Acceptable
paving materials include concrete, hot mix asphalt, pervious pavers
or other acceptable paving material approved by the Town. A permanent
certificate of occupancy will not be issued until a paved driveway
in compliance with the Town Code has been constructed.
Home occupations in residential districts, within
the context of the definition of "home occupations" provided in this
chapter, are permitted, subject to the following:
A.
No persons other than members of the family residing
on the premises shall engage in such occupation.
B.
The use of the dwelling unit for the home occupation
shall be clearly incidental and clearly subordinate to its use as
a residence, and not more than 200 square feet of the floor area of
the dwelling unit shall be used to conduct such occupation.
C.
There shall be no change in the outside appearance
of the building or premises other than one sign limited to two square
feet in area.
D.
No home occupation shall be conducted in any accessory
building.
E.
There shall be no sales, other than products produced
by the approved home occupation, on the premises in connection with
the occupation.
F.
No equipment or process shall be used which creates
noise, vibration, glare, fumes, odors or electrical interference detectable
outside of the dwelling unit. The Board of Appeals may approve a home
occupation in any district as a special exception use which does not
meet the standards stated above.
