Art-IV - General Provisions
Article
Contents
| Section | Title |
|---|---|
| §180-10 | Use of land for agricultural purposes |
| §180-11 | Construction or use under prior zoning |
| §180-12 | Buildable lots |
| §180-13 | Use of same yard space for more than one |
| §180-14 | Major Road Plans |
| §180-15 | Essential services or essential utility equipment |
| §180-16 | Distance requirements |
| §180-17 | Ponds, lakes and stabilization lagoons |
| §180-18 | Traffic visibility across corner lots |
| §180-19 | Planned major subdivision for residential |
| §180-20 | Measurement of front yard depth |
| §180-21 | Accessory buildings |
| §180-22 | Temporary offices and storage trailers |
| §180-6 | Minimum regulations; uniformity of application |
| §180-7 | Compliance required |
| §180-8 | Nonconforming uses |
| §180-9 | Uses prohibited under other Town, county or |
§180-10 Use of land for agricultural purposes
Except for compliance with yard requirements and distance requirements set forth in § 18016, nothing in this chapter shall prohibit the use of land for agricultural purposes or the
construction or use of buildings or structures incident to the use for agricultural purposes of
the land on which such buildings or structures are located, unless specifically prohibited by
ordinance of the Town of Sykesville.
construction or use of buildings or structures incident to the use for agricultural purposes of
the land on which such buildings or structures are located, unless specifically prohibited by
ordinance of the Town of Sykesville.
§180-11 Construction or use under prior zoning
certificate.
Where a zoning certificate and/or a building permit has been validly issued prior to the
adoption of this chapter, the construction or use so authorized may be completed or
continued in accordance with any conditions required therefor; provided, however, that such
construction or use shall have been started within one year of the date of issuance of such
zoning certificate and completion thereof carried on in a normal manner and not
discontinued for reasons other than those beyond the builders’ or users’ control. 7!
[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. Il).
[2] Editor's Note: Original Section 4.7, Uses approved under Interim Zoning Ordinances, which
immediately followed this section, was deleted at time of adoption of Code (see Ch. 1,
General Provisions, Art. Hl).
Where a zoning certificate and/or a building permit has been validly issued prior to the
adoption of this chapter, the construction or use so authorized may be completed or
continued in accordance with any conditions required therefor; provided, however, that such
construction or use shall have been started within one year of the date of issuance of such
zoning certificate and completion thereof carried on in a normal manner and not
discontinued for reasons other than those beyond the builders’ or users’ control. 7!
[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. Il).
[2] Editor's Note: Original Section 4.7, Uses approved under Interim Zoning Ordinances, which
immediately followed this section, was deleted at time of adoption of Code (see Ch. 1,
General Provisions, Art. Hl).
§180-12 Buildable lots
Any lot which was a buildable lot under the terms or regulations in effect at the time of the
adoption of this chapter and which was established or recorded at that time shall be
deemed a buildable lot for the erection only of a single-family dwelling, subject to the
provisions of § 180-97.
adoption of this chapter and which was established or recorded at that time shall be
deemed a buildable lot for the erection only of a single-family dwelling, subject to the
provisions of § 180-97.
§180-13 Use of same yard space for more than one
building prohibited.
No part of a minimum required yard or other open space provided about any building or
structure for the purpose of complying with the provisions of this chapter shall be included
as part of a minimum required yard or other open space required under this chapter for
another building or structure.
No part of a minimum required yard or other open space provided about any building or
structure for the purpose of complying with the provisions of this chapter shall be included
as part of a minimum required yard or other open space required under this chapter for
another building or structure.
§180-14 Major Road Plans
In an area where a Major Road Plan has been duly adopted in accordance with Article 66B,
Annotated Code of Maryland, as amended, showing a proposed new highway or street or a
proposed relocation or widening of an existing highway or street, no building or part of a
building shall be permitted to be erected within the lines of such proposed highway or street
except as provided hereinafter:
Annotated Code of Maryland, as amended, showing a proposed new highway or street or a
proposed relocation or widening of an existing highway or street, no building or part of a
building shall be permitted to be erected within the lines of such proposed highway or street
except as provided hereinafter:
A.
The Zoning Administrator shall issue a zoning certificate for such construction as
applied for, provided the Maryland State Highway Administration, the Carroll County
Roads Department, the Mayor and Council of Sykesville, or appropriate authority, upon
and within 30 days of written notice thereof does not reaffirm and substantiate its plans
to provide such construction in accordance with the Major Road Plan.
applied for, provided the Maryland State Highway Administration, the Carroll County
Roads Department, the Mayor and Council of Sykesville, or appropriate authority, upon
and within 30 days of written notice thereof does not reaffirm and substantiate its plans
to provide such construction in accordance with the Major Road Plan.
B.
The owner of the property so affected shall, following the expiration time of such written
notice, have the right to appeal to the Board the refusal of a zoning certificate, and the
Board may give approval to build if it should find, after public hearing, and upon the
evidence and arguments presented to it upon such appeal, that:
notice, have the right to appeal to the Board the refusal of a zoning certificate, and the
Board may give approval to build if it should find, after public hearing, and upon the
evidence and arguments presented to it upon such appeal, that:
(1)
The entire property of the appellant of which the area affected by the Major Road
Plan forms a part cannot yield a reasonable return to the owner unless such
appeal is granted; and
Plan forms a part cannot yield a reasonable return to the owner unless such
appeal is granted; and
(2)
Balancing the interest of the general public in preserving the integrity of the plan
and the interest of the owner of the property in the use and benefits of his property,
the granting of such permit is required by consideration of reasonable justice and
equity.
and the interest of the owner of the property in the use and benefits of his property,
the granting of such permit is required by consideration of reasonable justice and
equity.
§180-15 Essential services or essential utility equipment
Essential services or essential utility equipment, as defined and enumerated § 180-122,
shall be permitted in any district, as authorized and regulated by law and ordinances of
Sykesville, it being the intention hereof to exempt such essential services or essential utility
equipment from the application of this chapter.
shall be permitted in any district, as authorized and regulated by law and ordinances of
Sykesville, it being the intention hereof to exempt such essential services or essential utility
equipment from the application of this chapter.
§180-16 Distance requirements
Any uses or buildings subject to compliance of this section shall be located at least 200 feet
from any lot in an R District or any lot which is part of a duly recorded residential
subdivision, or any lot occupied by a dwelling, school, church, or institution for human care
not located on the same lot as the said use or buildings, except as provided in § 180-23 or
as may be approved by the Commission in a Planned Employment Center District.
from any lot in an R District or any lot which is part of a duly recorded residential
subdivision, or any lot occupied by a dwelling, school, church, or institution for human care
not located on the same lot as the said use or buildings, except as provided in § 180-23 or
as may be approved by the Commission in a Planned Employment Center District.
§180-17 Ponds, lakes and stabilization lagoons
Except as may otherwise be approved by the Commission in a Planned Employment Center
District, unless approved by the Board, all ponds, lakes and stabilization lagoons shall be
located a minimum of 200 feet from the center line of any public road; except roads having
a legally established right-of-way width in excess of 60 feet (in the vicinity of said proposed
pond) in which case the two-hundred-foot minimum shall be measured from the public road
right-of-way.
District, unless approved by the Board, all ponds, lakes and stabilization lagoons shall be
located a minimum of 200 feet from the center line of any public road; except roads having
a legally established right-of-way width in excess of 60 feet (in the vicinity of said proposed
pond) in which case the two-hundred-foot minimum shall be measured from the public road
right-of-way.
§180-18 Traffic visibility across corner lots
In any C, R, or H District on any corner lot, no fence, structure or planting that would
interfere with traffic visibility across the corner shall be erected or maintained within 20 feet
of the intersection of the road right-of-way lines.
interfere with traffic visibility across the corner shall be erected or maintained within 20 feet
of the intersection of the road right-of-way lines.
§180-19 Planned major subdivision for residential
purposes.
Nothing in this chapter shall prohibit a minor subdivision of land as herein defined (Article
XX) in any district; provided, however, that a major subdivision of land, as herein defined,
for residential purposes in those districts where permitted, shall, following any required
technical review and prior to any approval, be subject to a final determination by the
Commission to insure compliance with the following requirements:
Nothing in this chapter shall prohibit a minor subdivision of land as herein defined (Article
XX) in any district; provided, however, that a major subdivision of land, as herein defined,
for residential purposes in those districts where permitted, shall, following any required
technical review and prior to any approval, be subject to a final determination by the
Commission to insure compliance with the following requirements:
A.
That such proposed major subdivision for residential development has been adequately
demonstrated as being in accord and not in conflict with or running contrary to any
element of the Town's Master Plan.
demonstrated as being in accord and not in conflict with or running contrary to any
element of the Town's Master Plan.
B.
That any one or combination of essential community facilities and services determined
necessary by the Commission, in accordance with § 180-94 are either available or
adequately insured to be made available for such proposed residential development in
major subdivisions which would be adequate and which could reasonably be expected
and required.
necessary by the Commission, in accordance with § 180-94 are either available or
adequately insured to be made available for such proposed residential development in
major subdivisions which would be adequate and which could reasonably be expected
and required.
§180-20 Measurement of front yard depth
A.
Each front yard (setback) shall be measured at right angles or radially from the nearest
street right-of-way line (front property line) where the right-of-way of any existing street
is 50 feet in width in the case of a local or minor type street or 60 feet in width in the
case of any designated Town Collector or major street. Where the respective right-ofway widths of the above streets are less or where there may be doubt as to the width of
the right-of-way, then the minimum front yard depth or setback line shall be determined
by adding the distances specified below to the minimum front yard requirement, and
measuring from the center line of the type of road involved:
street right-of-way line (front property line) where the right-of-way of any existing street
is 50 feet in width in the case of a local or minor type street or 60 feet in width in the
case of any designated Town Collector or major street. Where the respective right-ofway widths of the above streets are less or where there may be doubt as to the width of
the right-of-way, then the minimum front yard depth or setback line shall be determined
by adding the distances specified below to the minimum front yard requirement, and
measuring from the center line of the type of road involved:
(1)
All local or minor streets: add 25 feet.
(2)
Town collector or major streets: add 30 feet.
B.
In any district where a lot abuts a state highway, the minimum front yard otherwise
required for any building where less than 100 feet shall be increased by an amount
specified by the Maryland State Highway Administration, as would reflect and allow for
future official widening and right-of-way lines, if applicable, and which are either shown
on official plans or detailed in writing by the Administration.
required for any building where less than 100 feet shall be increased by an amount
specified by the Maryland State Highway Administration, as would reflect and allow for
future official widening and right-of-way lines, if applicable, and which are either shown
on official plans or detailed in writing by the Administration.
§180-21 Accessory buildings
No accessory building shall be located in any required court or in any yard other than a rear
yard, and except as provided hereinafter. Accessory buildings shall be distant at least six
feet from any alley lines and from any other building on the same lot, and at least five feet
from lot lines of adjoining lots which are in any R District, unless greater requirements are
imposed by the State Fire Marshal.
yard, and except as provided hereinafter. Accessory buildings shall be distant at least six
feet from any alley lines and from any other building on the same lot, and at least five feet
from lot lines of adjoining lots which are in any R District, unless greater requirements are
imposed by the State Fire Marshal.
§180-22 Temporary offices and storage trailers
A trailer may be located as a temporary office or storage use in any district as an accessory
use in connection with public works or other similar nonpublic construction projects,
including public utility projects, all of which are of a temporary nature, provided a definite
completion date is furnished and on condition that such trailer shall be removed upon
completion or discontinuance of construction.
use in connection with public works or other similar nonpublic construction projects,
including public utility projects, all of which are of a temporary nature, provided a definite
completion date is furnished and on condition that such trailer shall be removed upon
completion or discontinuance of construction.
A.
Raising chickens on properties operated as accredited educational facilities.
Notwithstanding anything within the Code to the contrary, chickens may be raised on
properties operated as accredited educational facilities with a minimum of 25 students.
For the purpose of this section, "accredited educational facilities" shall mean any
school which holds a certificate of approval by the State Board of Education as required
by the COMAR 13A.09.09, "Educational Programs in Nonpublic Schools.”
Notwithstanding anything within the Code to the contrary, chickens may be raised on
properties operated as accredited educational facilities with a minimum of 25 students.
For the purpose of this section, "accredited educational facilities" shall mean any
school which holds a certificate of approval by the State Board of Education as required
by the COMAR 13A.09.09, "Educational Programs in Nonpublic Schools.”
B.
Acceptable standards for raising chickens at accredited educational facilities. The
following standards shall apply for raising chickens at accredited educational facilities:
following standards shall apply for raising chickens at accredited educational facilities:
(1)
No accredited educational facilities may own, keep, or harbor any chickens without
registering with the Maryland State Department of Agriculture, Domestic Poultry
and Exotic Bird Registration Division.
registering with the Maryland State Department of Agriculture, Domestic Poultry
and Exotic Bird Registration Division.
(2)
No more than six chickens over the age of one month may be kept.
(3)
No roosters may be kept.
(4)
All chickens must be confined at all times to a movable structure, coop, or pen (all
such being hereinafter "pen" or "pens")
such being hereinafter "pen" or "pens")
(a)
No pen may be closer than 50 feet to the lot line of any residential lot.
(b)
The pen shall incorporate a well-constructed shelter to provide shade and
suitable protection from inclement weather.
suitable protection from inclement weather.
(c)
Pens shall be maintained in a clean and sanitary condition, devoid of all
rodents and vermin, and free from objectionable odors. The enclosed area of
all such pens shall be constructed in such a way as to be dry at all times on
the inside. The Town may at any time inspect any such structure or premises
and issue any such order as may be necessary to carry out the provisions of
this section.
rodents and vermin, and free from objectionable odors. The enclosed area of
all such pens shall be constructed in such a way as to be dry at all times on
the inside. The Town may at any time inspect any such structure or premises
and issue any such order as may be necessary to carry out the provisions of
this section.
(d)
Each pen shall be provided with a watertight and fly-tight receptacle for
manure, of such dimension as to contain all accumulations thereof, which
receptacle shall be securely covered at all times except when open during the
deposit or removal of manure or refuse therefrom. No manure shall be allowed
to accumulate except in such receptacle.
manure, of such dimension as to contain all accumulations thereof, which
receptacle shall be securely covered at all times except when open during the
deposit or removal of manure or refuse therefrom. No manure shall be allowed
to accumulate except in such receptacle.
(e)
Each pen shall be moved frequently to minimize turf destruction and the
buildup of manure-borne pathogens.
buildup of manure-borne pathogens.
(f)
Potable water and proper feed must be made available to the chickens.
(g)
Pens with feed boxes and nest boxes must allow not less than two square feet
per hen.
per hen.
(h)
All chickens must be afforded veterinary care if they are known or suspected
to be sick or injured.
to be sick or injured.
(5)
As to the keeping and harboring of chickens or other domestic fowl, for whatever
purpose maintained, the Town shall have authority to promulgate regulations to
provide that they will be kept in such a manner as to prevent a nuisance or health
hazard.
purpose maintained, the Town shall have authority to promulgate regulations to
provide that they will be kept in such a manner as to prevent a nuisance or health
hazard.
(6)
This section shall apply only to the raising of chickens at accredited educational
facilities.
facilities.
§180-6 Minimum regulations; uniformity of application
The regulations set by this chapter within each district shall be minimum regulations and
shall apply uniformly to each class or kind of structure or land except as hereinafter
provided.
shall apply uniformly to each class or kind of structure or land except as hereinafter
provided.
§180-7 Compliance required
Except as hereinafter specified, no land, building, structure or premises shall hereafter be
used, and no building or part thereof or other structure shall be located, erected,
reconstructed, extended, enlarged, converted or altered except in conformity with the
regulations herein specified for the district in which it is located.
used, and no building or part thereof or other structure shall be located, erected,
reconstructed, extended, enlarged, converted or altered except in conformity with the
regulations herein specified for the district in which it is located.
§180-8 Nonconforming uses
Any building, structure or premises lawfully existing at the time of the adoption of this
chapter, or lawfully existing at the time this chapter is subsequently amended, may continue
to be used even though such building, structure or premises does not conform to use or
dimensional regulations of the zoning district in which it is located; subject, however, to the
following provisions:
chapter, or lawfully existing at the time this chapter is subsequently amended, may continue
to be used even though such building, structure or premises does not conform to use or
dimensional regulations of the zoning district in which it is located; subject, however, to the
following provisions:
A.
Structural alterations of a building or structure, or the use of a parcel, lot or tract of land
which does not conform to the provisions of this chapter shall be allowed only if the
building or structure to be altered or the parcel, lot or tract of land to be used shall be
made to conform with the requirements of the zoning district in which it is located;
however, upon application, the Board may approve the structural alteration of a building
or structure, or the use of a parcel, lot or tract of land which is not in conformance with
the provisions of this chapter, subject to the provisions of Article XVII, § 180-109;
provided however, that where the structural alteration or addition itself and the use
therein conforms to the provisions of this chapter, the Zoning Administrator may
authorize the necessary zoning certificate therefor, and same shall not require Board
approval.
which does not conform to the provisions of this chapter shall be allowed only if the
building or structure to be altered or the parcel, lot or tract of land to be used shall be
made to conform with the requirements of the zoning district in which it is located;
however, upon application, the Board may approve the structural alteration of a building
or structure, or the use of a parcel, lot or tract of land which is not in conformance with
the provisions of this chapter, subject to the provisions of Article XVII, § 180-109;
provided however, that where the structural alteration or addition itself and the use
therein conforms to the provisions of this chapter, the Zoning Administrator may
authorize the necessary zoning certificate therefor, and same shall not require Board
approval.
B.
If no structural alterations are made, a nonconforming use of a building, structure or
premises may, with approval of the Board, be changed to another nonconforming use
which in the opinion of the Board is of the same or a more appropriate use or
classification. In the case of a nonconforming junkyard operation, the Board may,
based on specific findings of fact, decide upon an application filed by the landowner as
to whether a relocation of a nonconforming junkyard operation, either in whole or in
part, to another location on the immediate property or to a location on an adjoining
property constitutes a suitable substitution of use which has substantially less adverse
impact to the general public and adjoining or confronting property. In granting any such
relocation as herein provided, the Board shall attach such conditions or requirements
as it may deem necessary to protect the public interest, the adjoining and confronting
property owners, and the intent and purpose of this chapter.
premises may, with approval of the Board, be changed to another nonconforming use
which in the opinion of the Board is of the same or a more appropriate use or
classification. In the case of a nonconforming junkyard operation, the Board may,
based on specific findings of fact, decide upon an application filed by the landowner as
to whether a relocation of a nonconforming junkyard operation, either in whole or in
part, to another location on the immediate property or to a location on an adjoining
property constitutes a suitable substitution of use which has substantially less adverse
impact to the general public and adjoining or confronting property. In granting any such
relocation as herein provided, the Board shall attach such conditions or requirements
as it may deem necessary to protect the public interest, the adjoining and confronting
property owners, and the intent and purpose of this chapter.
C.
Whenever a nonconforming use has been changed to a more appropriate use in the
opinion of the Board, such use shall not thereafter be changed to a less appropriate
use or classification.
opinion of the Board, such use shall not thereafter be changed to a less appropriate
use or classification.
D.
No building, structure or premises where a nonconforming use has ceased for six
months or more shall thereafter be used except in conformance with this chapter.
months or more shall thereafter be used except in conformance with this chapter.
E.
The owner or operator of any existing nonconforming use involving used car lots,
service garages or junkyards shall, not later than 12 months from the effective date of
this chapter, certify in writing, on a prescribed form, to the office of the Zoning
Administrator, that such nonconforming use did exist on the effective date of this
chapter. In order that the exact nature and extent of such nonconforming use may be
determined, a survey plat prepared by a professional engineer or registered surveyor
shall accompany any prescribed form. The survey shall include the following:
service garages or junkyards shall, not later than 12 months from the effective date of
this chapter, certify in writing, on a prescribed form, to the office of the Zoning
Administrator, that such nonconforming use did exist on the effective date of this
chapter. In order that the exact nature and extent of such nonconforming use may be
determined, a survey plat prepared by a professional engineer or registered surveyor
shall accompany any prescribed form. The survey shall include the following:
(1)
North arrow.
(2)
Scale: one inch equal to 100 feet.
(3)
Election district.
(4)
Outline of parcel or parcels upon which the nonconforming use is located.
(5)
Bearings, distances and acreage of that portion of the parcel or parcels expressly
used for the nonconforming use on the effective date of this chapter.
used for the nonconforming use on the effective date of this chapter.
(6)
Use, dimensions and location of all existing buildings.
(7)
Certification and seal of professional engineer or registered surveyor.
F.
Nothing in these regulations shall prevent the restoration of a nonconforming building
or structure destroyed by fire, windstorm, flood, and explosion or act of public enemy or
accident, or prevent the continuance of the use thereof as it existed at the time of such
destruction, provided that a zoning certificate is obtained and restoration begun within
one year of such destruction.
or structure destroyed by fire, windstorm, flood, and explosion or act of public enemy or
accident, or prevent the continuance of the use thereof as it existed at the time of such
destruction, provided that a zoning certificate is obtained and restoration begun within
one year of such destruction.
§180-9 Uses prohibited under other Town, county or
state laws.
Any existing or proposed use which is determined to be in conflict with any existing
ordinance or laws of the Town of Sykesville, Carroll County, or law or regulation of the State
of Maryland or other governmental agency shall be prohibited, even though such use may
be allowed under the terms of this chapter.
Any existing or proposed use which is determined to be in conflict with any existing
ordinance or laws of the Town of Sykesville, Carroll County, or law or regulation of the State
of Maryland or other governmental agency shall be prohibited, even though such use may
be allowed under the terms of this chapter.