Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300
 

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17

 Title 17: Zoning

17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties
Zoning Map

Chapter 17.36 VILLAGE ZONE

17.36.010 Provisions governing the village zone

17.36.020 Uses permitted in the village zone

17.36.030 Accessory uses and structures

17.36.040 Off-street parking and loading

17.36.050 Lot coverage

17.36.060 Required lot area, lot width and yards in the village zone

17.36.070 Height regulations

17.36.080 Signs

17.36.090 Special Exceptions

17.36.010 Provisions governing the village zone

The purpose of the village zone is: (1) to stabilize and improve property values in the community; (2) to foster civic beauty; (3) to strengthen the local economy; (4) to advance the community as a social, economic and political unit; (5) to further the community's general welfare by retaining, protecting and preserving the substantial character of the area by continuing a uniformity in the exterior of all structures in the community; (6) to maintain a relationship between the exterior architectural features and color schemes of the structure, to the remainder of the structure and to surrounding structures; (7) to attain a general compatibility of exterior design, arrangement, texture and materials proposed to be used; (8) to encourage the continuation and establishment of small businesses, professions and skilled craft occupations in conjunction with residential uses. (Prior code Art. XI (Art. V-A (part)))

17.36.020 Uses permitted in the village zone (VZ).

Uses permitted in the village zone are as follows:

  1. Town houses, duplexes, multifamily and single-family dwellings;
     
  2. Churches, schools, libraries, museums, parks, playgrounds and community centers;
     
  3. Nursery schools or child day care centers provided the play area is fully fenced and one parking space per employee is provided, and one hundred (100) square feet of open space per child is provided;
     
  4. Boarding and lodging and bed and breakfast if one additional paved off-street parking space per bedroom is provided;
     
  5. Medical centers, rest homes and nursing homes; provided off-street parking is provided for each attendant or worker and for each three patients to be cared for therein;
     
  6. Clubs, lodges, hospitals, sanitariums, institutions and fire departments;
     
  7. Neighborhood Retail Outlets. Furniture, clothing, dry goods, shoe and variety service, and sales and service for small and large appliances;
     
  8. Food, Drug and Beverages. Grocery, fruit or vegetable stores, meat markets, delicatessens, drug stores, bakery in conjunction with retail sales, restaurants, tea rooms, and cocktail lounges; retail wine and spirit shops;
     
  9. Specialty Shops. Gift shops, jewelry stores, magazine, book, and stationery outlets; except no store that sells pornographic or other obscene materials shall be permitted; florist shops, camera and photography shops, and studios, sporting goods, antique shops, taxidermists, bicycle sales and service;
     
  10. Service and Recreation. Laundromats, dry cleaning and laundry pickup stations, barber and beauty shops, dressmaking and millinery shops, shoe repair and tailor shops, mortuaries, indoor storage, commercial recreation, repair shops for small appliances and small articles, newspaper printing, and publishing facilities, print shops, print brokers, furnace, heating, computer, plumbing and tire shops volunteer fire departments, and ambulance service, public service buildings and offices, and meeting places for nonprofit organizations, sales and service of small and medium size outdoor power equipment, not to exceed 25 hp and 2500 lb in weight;
     
  11. Business and Professional Office. Medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility company offices.
     
  12. Home Occupation. 
  13. Family day care home licensed by the state of Maryland. (Ord 13-13; Ord. 12-05; Ord. 04-21 (part); Ord. 04-09: Ord. 00-16: prior code Art. XI (Art. V-A (part)))

17.36.030 Accessory uses and structures.

Accessory uses and structures permitted in VZ zone are: detached one story accessory uses (such as a private garage, car canopy, private swimming pool, and a garden or tool shed).  Accessory structures shall remain six feet from the side and rear lot lines, or in the case of a swimming pool, a distance equal to the maximum depth of the pool, a distance equal to the maximum depth of the pool.  Detached means not connected to the principal structure. No satellite dishes may be installed on roof lines.

In the case of a private, detached garage or car canopy, where the lot width existing as of May 1, 2012, is thirty (30) feet or less, the side setback requirement shall be a distance of at least six feet from one side lot line, and six feet from the rear property line.  (Ord. 12-06; Ord. 03-16; Ord. 92-7 1; prior code Art. XI (Art. V-A (part)))

17.36.040 Off-street parking and loading.

  1. The off-street parking requirements in this section shall be waived for any existing commercial/non-residential use and/or any commercial/non-residential use being established in an existing building so long as that building is not being enlarged in any way.  This waiving of off-street parking requirements refers only to commercial/non-residential uses and does not include and/or affect any residential uses.

  2. Existing on-site parking at an existing commercial/non-residential facility may not be decreased if doing so would create or increase non-conformance with the requirements of paragraph D. 

  3. A bituminous concrete or concrete surfaced off-street automobile parking area shall be provided on any lot on which any of the prescribed uses are established.    Such space shall be provided with safe vehicular access to a street or alley. For purposes of computing, each space shall not be less than nine feet wide, nor less than twenty (20) feet long. Such parking shall not be located in the front yards of any structure within fifty (50) feet of a residential district. The following are minimum requirements for specific uses:

  4. The following are minimum requirements for specific uses:

    1. Residential uses:  Single-family Dwellings. Two spaces;
      For Lodging Houses: Two spaces per the primary dwelling plus 1 for each guest room or boarding unit;
      Town Houses and Multifamily Dwellings: Two off-street spaces for each dwelling unit;

    2. Commercial building erected on a new site, or expanded, in the VZ district shall provide one off-street parking space for each three hundred (300) square feet of floor space used for customer service.

    3. Place of worship erected on new sites, or expanded: One parking space on the lot for each ten seats in the main worship/assembly room;

    4. Places of Public Assembly not existing at the date of enactment of this title, such as auditoriums and theaters: one parking space for each four seats provided;

    5. Hospitals. One parking space for each hospital bed;

    6. Institutions, Clubs, Lodges and Other Public and Semi-Public Buildings erected on new site or expanded: One space for each one hundred (100) square feet of floor area.

  5. The foregoing requirements are subject to the following general rules and exceptions:

  1. In the VZ district, parking space may be provided on a separate lot if within five hundred (500) feet of the building, and two or more lot owners may join together in the provision of this parking space;
     

  2. Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any enlargement, except as otherwise exempted above, must provide the required parking space for said enlargement. (Refer to subsections (B) and (C) of this section);
     

  3. Off-street loading shall conform to Section 17.08.150;
     

  4. In the VZ district, public and semipublic buildings which provide critical emergency services (fire, police, and ambulance services), may be remodeled, repaired structurally altered, or enlarged.  Any enlargement which does not provide required off-street parking shall be subject to the approval of the Emmitsburg planning and zoning commission as demonstrated on the required site plan, and shall be limited to the facility's ability to provide emergency services only; i.e., space for administration, living quarters, and vehicle housing.  Enlargements for any other purposes other than those prescribed above shall be required to provide the required off-street parking for the enlargement. 

  5.  (Ord. 07-04: Ord. 05-01 1:  prior code Art. XI(Art. V-A (part)))(Ord 10-12)

17.36.050 Lot coverage.

No new building and/or new accessory use shall be constructed to cover more than seventy (70) percent of the lot, and no existing building or structure shall be enlarged so as to cover more than seventy (70) percent of the lot. (Prior code Art. XI (Art. V-A (part)))

17.36.060 Required lot area, lot width and yards in the village zone.

Required lot area, lot width and yards in the village zone are as follows:

Minimum Lot Size (sq ft)

Minimum Lot Area Per D.U. (sq ft)

Min. Lot Width (feet

Front Yard* Setback

Side Yard Setback (Feet)

Rear Yard Setback (Feet)

Single family

5,000

5,000

60

25

8

30

Two family

5,000

2,500

60

25

8

30

Multi-family

5,000

2,500

60

25

8

30

New commercial uses in existing buildings

Not specified

Not specified

-

-

-

-

New commercial buildings

Not specified

Not specified

-

-

-

-

* 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)))

Chapter 17.40 EXCEPTIONS AND MODIFICATIONS

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.

A.    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))

B.    In residential zones, where the lot width existing as of September 1, 2011 is thirty (30) feet or less, side and rear yard requirements for a detached garage or car canopy are as provided in Section 17.32.110. (Ord. 11-20)

C.    In the village zone (VZ), where the lot width existing as of May 1, 2012 is thirty (30) feet or less, side and rear yard requirements for a private, detached garage or car canopy are as provided in section 17.36.030. (Ord. 12-02)

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))

Chapter 17.44 AMENDMENTS

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 board of Commissioners 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 board of commissioners before adoption of any proposed amendment, supplement, or change, public notice of which shall be published according to section 4.04 of article 66B of the Maryland code, as adopted or amended. 

  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 board of commissioners and review by planning commission required.

  1. No amendment shall be considered or acted upon by the board of commissioners unless it is first submitted to the planning commission for review and consideration. The planning commission recommendations shall be reported to the board of commissioners within thirty (30) days of receipt of the proposed amendment.  If comments are not submitted within the 30-day period, the board of commissioners may proceed with the review process.

  2. Where the purpose and effect of the proposed amendment is to change the zoning classification, the board of commissioners 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 commissioners- shall be kept. 

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

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, the board of  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 board of  commissioners.

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

  1. Conditions imposed by the decision of the board of commissioners shall be made public concurrently with the decision. 

  2. Conditions shall be enforced by the board of commissioners through the planning  commission. 

  3. 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))

Chapter 17.48 ENFORCEMENT AND PENALTIES

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))

* Site plans required for special exception and conditional uses in the various districts shall be subject to approval of the board of appeals.

** Where subdivision regulations apply, site plan and preliminary subdivision plat submitted as one plat meeting both sets of requirements.

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.

  1. The owner or agent of a building or premises in or upon which a violation of any provision of this title has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100.00). Each and every day that such violation continues may constitute a separate offense.
     

  2. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the appropriate authorities of the town, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or to prevent the occupancy of said building, structure or land. (Prior code Art. XI (Art. III 3.0))
     


17.04 General Provisions
17.08 General Regulations
17.12 Board of Appeals
17.16 Planning and Zoning Commission
17.20 Commercial Districts
17.24 I-P Industrial District and ORI Office Research Industrial District
17.28 OS Open Space District
17.32 R-1, R-2, R-3, R-S Residential Districts
17.36 Village Zone
17.40 Exceptions and Modifications
17.44 Amendments
17.48 Enforcement and Penalties
Zoning Map

Code Index | Title: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17