Ordinance 05-01

AN ORDINANCE TO AMEND

Chapter 17

OF THE CODE OF EMMITSBURG

ENTITLED

ZONING

BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and board of Commissioners of the Town of Emmitsburg, Maryland that 17.32.060 of the Emmitsburg Municipal Code be amended as follows.

          The amended section of this regulation reads as follows with new wording indicated in BOLD CAPITAL letters and deleted words in strike-out

17.32.060      Special exceptions requiring board of appeals approval in residential districts. Special exceptions in residential districts are as follows:

                       A.  Nursery school or child care center FAMILY DAY CARE HOME LICENSED BY THE STATE OF MARYLAND provided it contains an adequately sized play area, fully fenced and enclosed, and the main structure is no closer than twenty (20) feet from any adjacent zoning district line or lot line MEETS THE SETBACK REQUIREMENTS FOR THE APPLICABLE ZONING DISTRICT;

                        B.  Boarding and lodging homes not primarily for transients, provided off-street parking of 1.5 spaces per boarder or lodger is provided and provided yard requirements shall conform to those of a multifamily structure (R-3 district only);

                        C.  Medical centers, rest and nursing homes provided off-street parking space is provided for each attendant or worker and for each three patients to be cared for therein, and provided yard requirements shall conform to those of a multifamily structure;

                        D.  Laundry facilities located within a multifamily dwelling, for the use of residents of the apartment or apartment complex and not as a commercial enterprise (R-3 district only);

                        E.   The office of a resident physician, dentist, architect, engineer, attorney, similar professional person located in that person's home, or the operation of a beauty parlor or barber shop having one chair, provided:

                                    1.      That there is no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling,

                                    2.        That the construction does not produce a show window or display window effect,

                                    3.         Only one person other than the owner may be engaged or employed,

                                    4.         Sufficient off-street parking is provided with three spaces being considered minimal. Such parking shall be in the side or rear yard,

                                    5.         The total area devoted to the office does not exceed thirty (30) percent of the square footage of the dwelling unit;

                        F.        Clubs, lodges, hospitals, and sanitariums (R-3 district only);

                        G.        Fire, rescue and ambulance direct operations facilities (facilities which are used to house trucks, ambulances and operations equipment) which may include, but must not be limited to facilities for social/fund raising uses;

                        H.        In the R-1 and R-2 districts, senior housing may be developed under the special provisions herein outlined. Senior housing limited to people fifty-five (55) years of age and older, provided that adequate seniors facilities are provided on-site or within one thousand (1,000) feet of the site. Minimum adequate seniors facilities are defined as (1) a meeting room available on a regular and substantial basis, (2) numerous senior activities and programs are available on a regular and substantial basis. The town council shall have the right of review and approval of all related covenants and homeowner's association documents. In any and all cases and situations the minimum lot size shall be not less than two thousand (2,000) square feet per unit. Maximum density and/or unit yield shall be calculated by dividing the gross area of the site, less any flood plain areas, by the minimum lot size (R-1 = 12,000 sq. ft.), (R-2 = 8,000 sq. ft.) under the current or existing zoning and then multiplying by 1.5. (Ord. 01-21: Ord. 01-14; prior code Art. XI (Art. V § 4.0))

          SECTION II. BE IT FURTHER RESOLVED, ENACTED AND ORDAINED, that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.