(Prior code Art. XI (Art. VI § 5.0)

17.20.070 Building height regulation in commercial districts.

1. In the B-1 district, no building shall exceed thirty-five (35) feet in height.
    
2. In the B-2, no building shall exceed or thirty-five (35) feet in height. (Prior code Art. XI (Art. VI § 6.0)
3. Mechanical systems accessory and necessary to the building function are not included in the height restriction.

17.20.080 Off-street parking and loading.

There shall be provided in the business districts adequate off-street parking and loading in accordance with the schedule in Chapter 17.08. (Prior code Art. XI (Art. VI § 7.0))

Chapter 17.24 I-P Industrial District and ORI Office Research Industrial District

Sections:

17.24.010 Purpose of provisions.
17.24.020 Uses permitted in the I-P light industrial district.
17.24.030 Special exceptions in the I-P district requiring board of appeals approval.
17.24.040 Uses permitted in the ORI office research industrial district.
17.24.050 Performance standards in the ORI office research industrial district.
17.24.060 Required lot area, lot width and yards in industrial districts.
17.24.070 Off-street parking and loading.
17.24.080 Site plan requirement.

17.24.010 Purpose of provisions.

1. I-P Industrial Park District. The I-P district is intended for the location of both heavy commercial and light industrial uses which are basically similar in nature and too few in number to warrant separate districts. These uses are of such size and character as to deem them inappropriate for other commercial and industrial districts. This district is intended for their location in a manner that would make them least offensive to one another and to adjacent land use districts.
    
2. ORI Office Research Industrial District. The office/research industrial district (ORI) is intended to provide for the development of office, research and limited manufacturing uses in high visibility locations along major highways. Development in this district shall be characterized by an absence of nuisances in a clean and aesthetically attractive setting. This district shall permit limited manufacturing, fabrication or assembly operations which would, by nature of the product or magnitude of production, be compatible with research, professional or business offices. (Prior code Art. XI (Art. VII intro))

17.24.020 Uses permitted in the I-P light industrial district.

Uses permitted in the I-P light industrial district are as follows:

1. Warehousing and storage of goods and materials, including warehousing, pole yards, building material storage and trucking storage. (Not however, to include auto wrecking, junk and other salvage storage);
    
2. Manufacturing uses of a light nature and research and development or science oriented industries that are free from any objectionable odors, fumes, dirt, vibration, or noise detectable at the lot line. Such uses shall not be established without an application for a permit which shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odors, dirt, vibration or noise produced by the industry will not be detectable at the lot line. In the event of the denial of such permit, the applicant shall have the right of appeal to the board of appeals, in accordance with Chapter 17.12. (Prior code Art. XI (Art. VII § 1.0))
3. Rental facility for cars and/or trucks.
4. Vehicle repair facility.

(Prior code Art. XI (Art. VII 1.0)) (Ordinance 10-11)

17.24.030 Special exceptions in the I-P district requiring board of appeals approval.

Special exceptions requiring board of appeals approval in the I-P district are as follows:

1. Bulk storage of oil, petroleum, gasoline and similar flammable liquids and compressed gases, not to exceed sixty thousand (60,000) gallons total storage. Each individual container shall be located with respect to the nearest line of adjoining property as follows, including spill containment structures as required by Maryland Department of the Environment (MDE):

   Water Capacity  Per Container     000 to   2,000 gallons    2,001 to 30,000 gallons 30,001 to 60,000 gallons

   Setback From Property Line* 25 feet  50 feet 75 feet

   *or MDE standard, which-  ever is more stringent.

   B.  Storage of liquids above and/or below ground.  Any storage of liquids shall provide appropriate spill containment measures as required by the Maryland Department of the Environment.

   C.   All uses permitted specifically or conditionally in the B-2 District. (Prior code Art. XI (Art. VII § 2.0)) (Ordinance 10-11)

17.24.040 Uses permitted in the ORI office research industrial district.

Uses permitted in the ORI office research industrial district are as follows:

1. Manufacturing uses of a light nature and research and development of science oriented industries;
    
2. Laboratory research, experimental or testing;
    
3. Offices, business and professional;
    
4. Public buildings and properties;
    
5. Restaurants and other office support commercial uses in connection with an approved office/industrial use. Any such restaurant or office support commercial use shall be limited to fifty (50) percent of the gross floor area of the first floor of any office/industrial building and no such uses may be wholly contained within a separate freestanding building. No signs advertising any such restaurant or commercial use shall be constructed or placed so as to be visible from any public road, except for internal roads within the ORI development;
    
6. Motel, hotel;
    
7. Accessory uses and buildings as related to principle permitted uses. (Prior code Art. XI (Art. VII § 3.0))

17.24.050 Performance standards in the ORI office research industrial district.

Performance standards in the ORI office research industrial district are as follows:

1. Outside storage of equipment, material or products will be permitted only as an accessory use to a principle permitted use. This shall be subject to approval of a screening plan that would be reviewed by the planning commission in conjunction with the site plan review.
    
2. All of the industrial performance standards which pertain to the industrial park (I-P) zone as detailed in Section 17.24.020 shall apply to the ORI zone. All industrial practices shall be in conformance with all state and federal requirements.
    
3. The minimum landscaped open space on any individual lot shall not be less than twenty (20) percent of the land area of the lot. The landscaped open space shall not be impervious or open for vehicular use and the landscaping shall be maintained in a reasonable manner.
    
4. The planning commission may require that building architectural renderings or plans be presented to it to assure that the appearance, size, type of building material or other aspects of the building are in keeping with the purposes and intent of the zone.
    
5. The applicant must provide guarantees from the appropriate agencies as deemed necessary by the planning commission to ensure that no hazardous effluent will be released into the air, water or onto the ground and that all wastes and by-products will be disposed of in a safe and healthful manner.
    
6. The applicant must provide proof of compliance with all state and federal regulations regarding biological testing or research. (Prior code Art. XI (Art. VII § 4.0))

17.24.060 Required lot area, lot width and yards in industrial districts.

Required lot area, lot width and yards in industrial districts are as follows:

(Prior code Art. XI (Art. VII § 5.0))

17.24.070 Off-street parking and loading.

There shall be provided in the I-P district and ORI district, adequate off-street parking and loading in accordance with the schedule in Chapter 17.08. (Prior code Art. XI (Art. VII § 6.0))

17.24.080 Site plan requirement.

Site plan approval by the Emmitsburg planning commission is required for all uses in either the I-P or ORI zone. (Prior code Art. XI (Art. VII § 7.0))

Chapter 17.28 OS OPEN SPACE DISTRICT

Sections:

17.28.010 Purpose of provisions.
17.28.020 Uses permitted in the OS district.
17.28.030 Uses permitted by special exception.
17.28.040 Required lot area, lot width and yards in open space district.
17.28.050 Accessory uses.

17.28.010 Purpose of provisions.

The open space district is intended to provide open space for its natural beauty and recreational value. It is also intended to preserve natural resources, prevent erosion, pollution, silting, and safeguard the health, safety and welfare of persons and property by limiting development on excessive slopes, on flood plains, on poorly drained lands, or on other areas where protection against natural dangers to life and property, or the lack of such protection would prove costly to members of the community. (Prior code Art. XI (Art. IV § intro))

17.28.020 Uses permitted in the OS district.

Uses permitted in the OS district are as follows:

1. Farms, tree and plant nurseries;
    
2. Parks, playgrounds, golf courses, public and private recreational uses, and cemeteries;
    
3. Game, wildlife, and nature study preserves and reservations;
    
4. Schools and churches, and other public buildings, and those accessory uses commonly associated with them, such as retreats and conferences;
    
5. Flood control, water protection works, sewage treatment plants, and other municipal public works;
    
6. Nursing homes. (Prior code Art. XI (Art. IV § 1.0))

   G.  Senior housing utilizing buildings in existence as of September 1, 2010.

17.28.030 Uses permitted by special exception.

This section reserved for future use.

17.28.040 Required lot area, lot width and yards in open space district.

Required lot area, lot width and yards in the OS district are as follows, except as specified in paragraph F. Nursing Homes and paragraph G. Senior Housing:

1. Minimum area: Not specified;
    
2. Front yard: Fifty (50) feet;
    
3. Rear yard: Fifty (50) feet;
    
4. Side yard: Fifteen (15) feet;
    
5. For structure higher than twenty-five (25) feet, the yard requirements shall be as follows:

1.      All yards: between the foundation and the nearest lot line, a distance of 2.5     times the height of the structure shall be maintained.

6. Nursing homes shall comply with the following standards:

1.      Minimum lot area: Five acres;

2.      Minimum lot width: Two hundred (200) feet;

3.      Minimum front yard: One hundred (100) feet;

4.      Minimum rear yard: One hundred (100) feet;

5.      Minimum side yard: Fifty (50) feet;

6.      Maximum height: Fifty (50) feet or five stories;

7.      Maximum lot area per bed of five thousand (5,000) square feet. (Prior code Art. XI (Art. IV § 3.0))

  G.  Senior Housing in Existing Buildings.

1.  Minimum original lot size for consideration under this provision is 50 acres, which must be contiguous and under one ownership, and situated entirely within the corporate boundaries of Emmitsburg, Maryland.

2.  Yield Plan.  A boundary survey and/or a record plat, prepared by a surveyor licensed to practice in the State of Maryland, must be submitted to the Town.  The Town will use this plan to make its unit yield count determination.

3.  Unit count determination.  Each unit will require a minimum gross area of 1.44 acres of land.

4.  Minimum lot size.  The minimum lot size for any new lot created to site the herein noted senior housing will be a minimum of 2.0 acres, plus square feet per unit.  This must be a free-standing lot of record and must be reviewed and approved by the Town of Emmitsburg and must be recorded in the land records of Frederick County, Maryland.

5.  Minimum building restriction lines.

     Front:     25 ft.

     Side:      15 ft.

     Rear:      25 ft.

     However, a lot may have up to two zero building restriction lines if those sides of the lot are passing through the previously existing building.  If this option is utilized, all remaining building restriction lines must be a minimum of 25 feet.

6.  Parking.  Parking must be provided on the lot created for the senior housing and will be provided at the rate of two (2) spaces per unit.

7.  Public Services/Infrastructure.  The units created hereby will have to be metered and serviced independently of the original building or any part thereof, if only part of the original building is being used for the senior housing.

8.  Public Access.  The lot created for this purpose must have clear unobstructed access to a public road, as determined by the Town of Emmitsburg.

9.  Site Plan Requirements.  A standard site plan, per Town of Emmitsburg standards and regulations, must be submitted to the Town of Emmitsburg for review and approval.

17.28.050 Accessory uses.

In the OS district, accessory uses are as follows:

A. General Signs. See Chapter 15.16. (Prior code Art. XI (Art. IV § 4.0))

CHAPTER 17.30      C-R CONSERVATION-RECREATION DISTRICT

Sections:

17.30.010 Intent.
17.30.020 Uses Permitted in the C-R District.
17.30.030 Reserved.
17.30.040 Required Lot Areas, Lot Width and Yards in the C-R District.
17.30.050 Accessory uses.

17.30.010    INTENT.

The conservation-recreation district is intended to conserve public and private land for the protection of natural resources and stream corridors, recreation, and agricultural or silvicultural use through minimal development and low-impact uses. In general, uses specified in this district do not require additional water capacity, and/or lands in this district do not currently have access to water and sewer infrastructure required to undertake development of uses allowed in other zoning districts.

The C-R zoning district is not intended to have permanent preservation as its purpose.  If, at some future time, adequate infrastructure and utilities are available, the town of Emmitsburg may elect to change the zoning to allow additional land uses.  Such a change may be requested by the landowner, and considered as provided in Article 66B S4.05, or may be the result of recommendations adopted during a future comprehensive plan process.

17.30.020 uses permitted in the C-R district.

A. Parks, playgrounds, public and private recreational uses, athletic fields, hiking or bicycle trails;
 B. Forest management
 C.  tree nursery
 D. Educational programs
 E. Agriculture
 F. Game, wildlife, and nature study preserves
 G.  municipal public works, such as, but not limited to flood control, water supply facilities, sewage treatment facilities;
 H. Accessory structures.

17.30.030 reserved

17.30.040

Required lot areas, lot width and yards in the C-R district are as follows

A. minimum area: none specified
B. Front yard: fifty (50) feet;
C. Rear yard: fifty (50) feet;
D. Side yard: twenty (20) feet

17.30.050 accessory uses.

In the C-R district, accessory uses are as follows:

 A. General signs. See chapter 15.16

Chapter 17.32 R-1, R-2, R-3, R-S RESIDENTIAL DISTRICTS

 Sections:

17.32.010 Provisions governing residential (R-1, R-2, R-3, and R-S) districts.
17.32.020 Uses permitted in the R-S district (residential suburban).
17.32.030 Uses permitted in the R-1 district (low density).
17.32.040 Uses permitted in the R-2 district (medium density).
17.32.050 Uses permitted in the R-3 district (high density).
17.32.060 Special exceptions requiring board of appeals approval in residential districts.
17.32.070 Required lot area, lot width and yards in residential districts.
17.32.080 Town house development.
17.32.090 Building height regulations in residential districts.
17.32.100 Off-street parking and loading.
17.32.110 Accessory uses.
17.32.120 Side yards in R-3 district.

17.32.010 Provisions governing residential (R-1, R-2, R-3, and R-S) districts.

1. The R-S (residential suburban) district is intended to promote the development of single-family residential neighborhoods on large lots free from land usage which might adversely affect such development. The R-S district is intended to provide for decreasing densities of development in the outlying areas away from the central business district of the town.
    
2. The R-1 (low density) district is intended to encourage and promote the development of single-family residential neighborhoods free from land usage which might adversely affect such development. Such a district may incorporate large lot sizes in which the green space desired is entirely within the lot or it may encourage the formation of green space communities in which the lot sizes are made smaller and the area which results from the reduction of the area of each lot below the general standards for the district be provided and maintained as recreation areas to serve the needs of the residents of the development.
    
3. The R-2 (medium density) district is intended to provide an attractive, pleasant living environment at a sufficient density to maintain a high standard of physical maintenance and community service. The district encourages the compact development and the optimum utilization of land appropriate for residential use by encouraging higher density green space communities while simultaneously leaving sloping areas, flood plains and other unbuildable areas open and available for recreational and athletic purposes.
    
4. The R-3 (high density) district is intended to make the development of land, having natural and locational advantages, economically feasible by the variety of housing types, which continuing to encourage the provisions of the basic amenities of an attractive and safe residential environment. This district encourages green space communities and the increased density of all such developments, making their location at the edge of residential neighborhoods, and with good access to major highways, central shopping areas, schools, and other public facilities most essential. (Prior code Art. XI (Art. V § intro))

17.32.020 Uses permitted in the R-S district (residential suburban).

Uses permitted in the R-S district are as follows:

1. Single-family dwellings and home occupations in a single-family dwelling;
    
2. Churches, school, libraries, museums, parks, playgrounds and community centers;
    
3. Accessory buildings and uses.
    
4. Home Occupation.  (Ord. 04-21 (part); Prior code Art. XI (Art. V § 0.5))

17.32.030 Uses permitted in the R-1 district (low density).

Uses permitted in the R-1 district are as follows:

1. Single-family dwellings and home occupations in a single-family dwelling;
    
2. Churches, schools, libraries, museums, parks, playgrounds and community centers;
    
3. Accessory buildings and uses;
    
4. Planned unit developments;
    
5. Antique shops, country inns and bed and breakfast facilities in historical structures subject to the following conditions:
   1. Such use is located within an existing structure which is listed on the Maryland Inventory of Historic Places or on the National Register of Historical Places,
   2. The structure is located on a lot with a minimum of two acres,
   3. Parking is provided at a ratio of one parking space for each two hundred (200) square feet of floor area devoted to customer service,
   4. One free-standing sign shall be permitted not to exceed ten square feet. One sign attached to the building shall be permitted not to exceed eight square feet,
   5. Site plan approval by the planning commission is required.
       
6. Home Occupation. 
7. Family day care home licenses by the state of Maryland.  (Ord. 13-12; Ord. 04-21 (part); Prior code Art. XI (Art. V § 1.0))

7.32.040 Uses permitted in the R-2 district (medium density).

Uses permitted in the R-2 district are as follows:

1. Any use permitted in the R-1 district;
    
2. Duplex dwelling;
    
3. Town Houses. Each town house having its own lot and each lot having only one family on it; or, town houses in condominium form of ownership.
    
4. Home Occupation,  (Ord. 04-21 (part) Prior code Art. XI (Art. V § 2.0))

17.32.050 Uses permitted in the R-3 district (high density).

Uses permitted in the R-3 district are as follows:

1. Any use permitted in the R-2 district;
    
2. Multifamily dwellings such as duplexes, town houses, and apartments.
    
3. Home Occupation. (Ord. 04-21 (part) (Prior code Art. XI (Art. V § 3.0))

17.32.060 Special exceptions requiring board of appeals approval in residential districts.

Special exceptions in residential districts are as follows:

1. Boarding and lodging homes not primarily for transients, provided off-street parking of one and one-half spaces per boarder or lodger is provided and provided yard requirements shall conform to those of a multifamily structure (R-3 District only);
    
2. 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;
    
3. 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);
    
4. 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;

6. Clubs, lodges, hospitals, and sanitariums (R-3 district only);
    
7. 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;
    
8. In the R-1 and R-2 Districts, senior housing may be developed under the special provisions outlined in this section.  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 one and one-half. (Ord 13-11: Ord 05-17: Ord. 01-21: Ord. 01-14; Prior code Art. XI (Art. V § 4.0))

17.32.070 Required lot area, lot width and yards in residential districts.

Required lot area, lot width and yards in residential districts are as follows, with yard measurements taken from closest point of structure to the corresponding lot line:

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