* Corner lots shall provide two front yards and; where there are dwellings located on both adjoining lots to the side, the front yard setback may be the average of the front yard setback of both these lots.

(Prior code Art. XI (Art. V-A § (part)))

17.36.070 Height regulations.

In the village zone, no building shall exceed a height of three stories or forty-two (42) feet. (Prior code Art. XI (Art. V-A § (part)))

17.36.080 Signs.

The B-1 and village zone section of Chapter 15.16 shall generally apply, as well as such other applicable sections of Chapter 15.16 as the context may require. (Prior code Art. XI (Art. V-A § (part)))

17.36.090 Special exceptions.

Special exceptions in the village zone are as follows:

1. Fraternities/sororities provided they meet the following conditions:

   1. There shall be provided one parking space per bed;

   2. Trash shall be contained in a single large metal container, located at the rear of the house.
       

2. Reestablishment of a nonconforming business of the same use located in the village zone after six months may be approved based upon the following conditions:

1. There has been document effort made to continue the use of the property;
    

2. A site plan is submitted for review and is approved by the appropriate state and county agencies as well as the town planning and zoning commission and the board of commissioners;
    

3. Reestablishment would not adversely affect adjacent properties, traffic patterns or surrounding neighborhoods;
    

4. Reestablishment would not result in a more intense use of the property than there was originally;
    

5. Every effort is made to comply with regulations existing at the time of reestablishment. (Prior code Art. XI (Art. V-A § (part)))

Sections:

17.40.010 Lot of record.
17.40.020 Allowable projections of structures into yards and other exceptions to yard requirements.
17.40.030 Side yards not required for second story residential uses in nonresidential structures.
17.40.040 Allowable projections of business structures into yards.
17.40.050 Allowable projections of accessory buildings into yards.
17.40.060 Allowable projections of fences into yards.
17.40.070 Public and semi-public buildings may exceed height limitations.
17.40.080 Architectural or mechanical appurtenances may exceed height limitations.

17.40.010 Lot of record.

When a lot which is an official lot of record at the time of adoption of the ordinance codified in this title does not comply with the area, yard or other requirements of this title, an application may be submitted to the board of appeals for a variance from the terms of this title in accordance with the procedure outlines in Chapter 17.44. Such a lot may be used as a building site; provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the board of appeals. (Prior code Art. XI (Art. VIII § 1.0))

17.40.020 Allowable projections of structures into yards and other exceptions to yard requirements.

1. Architectural features of buildings such as window sills, cornices, roof overhangs, and unenclosed porches, open fire escapes, fireproof outside stairways, chimneys and flues may project into the required yard not more than six feet. Decks (or unenclosed porches) may extend a maximum of ten feet into the required rear yard and deck or steps a maximum of six feet into the required side yard. 

2. Steps connecting a deck with the ground may extend beyond the ten foot projection allowed for the deck but shall be a minimum of ten feet from the rear lot line. All decks must maintain a two-foot distance from a party or common wall and a side property line. (Prior code Art. XI (Art. VIII § 2.01))

17.40.030 Side yards not required for second story residential uses in nonresidential structures.

Side yards shall not be required for residential dwellings erected above commercial structures. (Prior code Art. XI (Art. VIII § 2.02))

17.40.040 Allowable projections of business structures into yards.

Signs, awnings, canopies, marquees as attached to and part of a building may project into the front yard in the commercial district only. (Prior code Art. XI (Art. VIII § 2.03))

17.40.050 Allowable projections of accessory buildings into yards.

One story accessory buildings may project into yards; provided that: (a) the building does not occupy more than thirty (30) percent of the rear yard; (b) when more than ten feet from the building and sixty feet from the front yard, it may project into the side or rear yards, providing it projects no closer than six feet to the side or rear lot lines; (c) garage accessory buildings entered from alley or street in the case of double frontage lots, are not closer than ten feet to the street or alley line. (Prior code Art. XI (Art. VIII § 2.04))

17.40.060 Allowable projections of fences into yards.

Fences may be constructed in or project into yards, providing, that (a) no fence or planting more than three feet high shall be located within thirty (30) feet of a street intersection; (b) no fence more than four feet high may be located closer to the front of the lot than the principal building; (c) no privacy fence of a townhouse or duplex dwelling more than ten feet tall by eight feet wide overall; and (d) no fence more than six feet high shall be allowed on any other part of the lot. (Ord. 94-9 § 1: prior code Art. XI (Art. VIII § 2.05))

17.40.070 Public and semi-public buildings may exceed height limitations.

Public buildings, churches, temples, hospitals, institutions, may exceed the height limits to a total height of seventy (70) feet; providing, all yards required in the particular district are increased one foot for each two feet in excess of the height limitation. (Prior code Art. XI (Art. VIII § 3.01))

17.40.080 Architectural or mechanical appurtenances may exceed height limitations.

Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, spires, radio and television towers, grain elevators, or other such architectural and mechanical appurtenances are exempt from height regulations. (Prior code Art. XI (Art. VIII § 3.02))

Sections:

17.44.010 Authority to make amendments.
17.44.020 Procedures.
17.44.030 Approval of mayor and commissioners and planning commission required.
17.44.040 Conditional zoning. 

17.44.010 Authority to make amendments.

The town board may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance, the boundaries of districts, regulations, or restrictions herein established. (Prior code Art. XI (Art. X § intro))

17.44.020 Procedures.

1. A public hearing shall be held by the mayor and commissioners before adoption of any proposed amendment, supplement, or change, public notice of which shall have been placed in a newspaper of general circulation in the town, not more than thirty (30) days before the hearing, nor less than fifteen (15) days. 

2. In order to partially defray the expense of a zoning change public hearing, the person or parties petitioning for a zoning change shall pay a fee in accordance with the Town of Emmitsburg review fee schedule.  No part of such amount shall be refunded for failure of said amendment to be enacted into law.  In addition thereto, the petitioning person or parties shall pay all costs for the required advertising. (Ord. 03-12: Prior code Art. XI (Art. X § 1.0))

17.44.030 Approval of mayor and commissioners and planning commission required.

1. No amendment shall be considered or acted upon by the town board unless it is first submitted to and approved by the planning commission (except; however, failure of the planning commission to report within thirty (30) days, shall be deemed approval), or if disapproved by the planning commission, it shall be considered approved if it receives a majority vote of the entire town board. 

2. Where the purpose and effect of the proposed amendment is to change the zoning classification, the mayor and commission shall make findings of fact in each specific case, including but not limited to, the following matters: Population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the planning commission, and the relationship of such proposed amendment to the town's plan; and may grant the amendment, based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of all members of the mayor and commission shall be kept. 

3. An application for a reclassification shall not be accepted for filing by the mayor and commission if the application is for the reclassification of property which has been opposed or denied by the mayor and commission within twelve (12) months from the date of the local legislative body's decision. 

4. No change in or departure from the proposed amendment as recommended by the planning commission shall be made unless the same is resubmitted to the commission for its further recommendations. No amendment, supplement, or change shall be adopted contrary to the recommendations of the planning commission, except by a majority vote of the mayor and board of commissioners. (Prior code Art. XI (Art. X §§ 2.01--2.04))

17.44.040 Conditional zoning.

1. Upon the zoning or rezoning of any land or lands pursuant to the provisions of this chapter and Article 66B of the Annotated Code of Maryland, 1957, the mayor and commissioners may impose such additional restrictions, conditions or limitations as may be deemed appropriate to preserve, improve or protect the general character and design of the lands and improvements being zoned or rezoned; or of the surrounding or adjacent lands and improvements and may upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or lands to assure conformity with the intent and purpose of the zoning ordinance. 

2. Conditions imposed or requested may not include the allowance of uses not otherwise expressly permitted in the district. 

3. 1. Conditions recommended by the planning commission shall be published with the notice of public hearing that is required for the hearing held by the mayor and commissioners.

 2. The mayor and commissioners may accept, reject or modify the conditions recommended by the planning commission. The mayor and commissioners shall submit for comment from the planning commission conditions not reviewed by the planning commission at their own hearing.

4. Conditions imposed by the decision of the mayor and commissioners shall be made public concurrently with the decision. 

5. Conditions shall be enforced by the mayor and commissioners through the planning and zoning commission. 

6. The planning commission may require from the applicants what information it deems necessary to show that the conditions are being adhered to. (Prior code Art. XI (Art. X § 2.05))

Sections:

17.48.010 Zoning administration.
17.48.020 Zoning certificate required.
17.48.030 Issuance of a zoning certificate.
17.48.040 Site plan required.
17.48.050 Site plan requirements.
17.48.060 Site plan approval.
17.48.070 Zoning administrator not to waive ordinance requirements.
17.48.080 Zoning certificate may be outdated.
17.48.090 Zoning certificate fee schedule.
17.48.100 Remedies and penalties.

17.48.010 Zoning administration.

This title shall be administered by the zoning administrator. Appeals from the decision of the zoning administrator may be taken to the board of appeals, Chapter 17.12. (Prior code Art. XI (Art. III § 1.0))

17.48.020 Zoning certificate required.

It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving, alteration, or change of use of any land or buildings, including accessory buildings, until the zoning administrator has issued a zoning certificate for such work. (Prior code Art. XI (Art. III § 2.01))

17.48.030 Issuance of a zoning certificate.

1. In applying to the zoning administrator for a zoning certificate the applicant shall submit a plat in duplicate, prepared by a licensed land surveyor, licensed landscape architect, licensed architect or licensed civil engineer drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this ordinance. This section is applicable to the construction of signs. 

2. If the proposed excavation or construction, as set forth in the application, is in conformity with the provisions of this title and other ordinances of the town, the zoning administrator shall issue a zoning certificate for such excavation or construction. If a zoning certificate is refused, the zoning administrator shall state such refusal in writing, with the cause, and shall grant or deny the certificate within ten days of date of application; provided, he has received comment from any agency involved or having jurisdiction with regard to the said certificate. A record of applications, plats, and action shall be maintained in the office of the zoning administrator. (Ord. 05-16: Prior code Art. XI (Art. III § 2.02))

17.48.040 Site plan required.

1. A site plan must accompany applications for specific uses in lieu of the plat required above. 

2. A site plan shall be required for the following uses:

1. Open Space District. Any permitted structure;

2. Rural Reserve District. Common open space development. Conditional uses;

3. R-1, R-2, R-3, and RS Districts.** Common open space development. Multi-family dwellings. Uses permitted by special exception;

4. B-1, B-2, HS, IP and ORI Districts. All uses. (Prior code Art. XI (Art. III § 2.03))

17.48.050 Site plan requirements.

1. A site plan shall have the same format as the preliminary plat as required by the Emmitsburg subdivision regulations and be subject to the same guarantee of improvements for all on-site improvements as required by this title. 

2. The following information shall be provided by the site plan:

1. Site location;

2. Dimensions of the lot to be built upon;

3. Size, height and location of the structure(s) to be erected;

4. Nature of materials to be used on structure's exterior;

5. Parking. Location, surface material and road network;

6. Water and Sewer. On-site location and alignment;

7. Storm drainage facilities;

8. Sidewalks;

9. Landscaping plan;

10. Signs. Location, size, height and design of all signs;

11. Recreational facilities;

12. Garbage collection points. (Prior code Art. XI (Art. III § 2.04))

17.48.060 Site plan approval.

Site plan approval may be granted by the planning commission or the board of appeals (in instances as noted). The site plan shall be submitted at least thirty (30) days prior to the meeting at which it is to be considered. (Prior code Art. XI (Art. III § 2.05))

17.48.070 Zoning administrator not to waive ordinance requirements.

Issuance of a zoning certificate for construction or excavation not conforming to requirements of this title shall not be construed as waiving any provisions of this title. (Prior code Art. XI (Art. III § 2.06))

17.48.080 Zoning certificate may be outdated.

A zoning certificate shall become void one year (365 1/4 days) from date of issuance unless the project is more than twenty-five (25) percent completed as determined by the zoning administrator. (Prior code Art. XI (Art. III § 2.07))

17.48.090 Zoning certificate fee schedule.

To partially defray the expense of administering this title, a fee shall be paid to the town, before any zoning certificate is issued, such fees shall be outlined in the permits, inspections and fees policy to be established and form time to time updated by the mayor and board of town commissioners. (Ord. 99-02: Ord. 93-12 § 1: prior code Art. XI (Art. III § 2.08))

17.48.100 Remedies and penalties.