Ordinance 13-11

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BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland, pursuant to the authority granted to them by the laws of Maryland and the Charter of the Town of Emmitsburg, that Title 17; Section 36.060 of the Emmitsburg Municipal Code, be amended as follows.

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

Special exceptions in residential districts are as follows:

A.  Family day care home licensed by the State of Maryland, provided it meets the setback requirements for the applicable zoning district;

B.  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);

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

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

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

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

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

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

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

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

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

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

H.  In the R-1 and R-2 districts, senior housing may be developed under the special provisions 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. 05-17: Ord. 01-21: Ord. 01-14; prior code Art. XI (Art. V § 4.0))

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

PASSED this 18th day of November, 2013 by a vote of 5 for, 0 against, 0 absent, and 0 abstain.

BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland, pursuant to the authority granted to them by the laws of Maryland and the Charter of the Town of Emmitsburg, that Title 17; Section 32.030 of the Emmitsburg Municipal Code, be amended as follows.

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

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

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

A.  Single-family dwellings and home occupations in a single-family dwelling;

B.  Churches, schools, libraries, museums, parks, playgrounds and community centers;

C.  Accessory buildings and uses;

D.  Planned unit developments;

E.  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 (2) 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 freestanding sign shall be permitted not to exceed ten (10) square feet.        One sign attached to the building shall be permitted not to exceed eight (8) square feet,

          5.  Site plan approval by the planning commission is required;

F.  Home occupation

G. FAMILY DAY CARE HOME LICENSED BY THE STATE OF MARYLAND.

(Ord. 04-21 (part): prior code Art. XI (Art. V § 1.0))

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

PASSED this 18th day of November, 2013 by a vote of 5 for, 0 against, 0 absent, and 0 abstain.

BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland, pursuant to the authority granted to them by the laws of Maryland and the Charter of the Town of Emmitsburg, that Title 17; Section 36.020 of the Emmitsburg Municipal Code, be amended as follows.

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

17.36.020 - Uses permitted in the village zone (VZ).

Uses permitted in the village zone are as follows:

A.  Town houses, duplexes, multifamily and single-family dwellings;

B.  Churches, schools, libraries, museums, parks, playgrounds and community centers;

C.  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;

D.  Boarding & lodging and bed & breakfast inns; if one additional paved off-street parking spaces per bedroom is provided;

E.  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;

F.  Clubs, lodges, hospitals, sanitariums, institutions and fire departments;

G.  Neighborhood Retail Outlets. Furniture, clothing, dry goods, shoe and variety service, and sales and service for small and large appliances;

H.  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;

I.  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;

J.  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;

K.  Business and Professional Office. Medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility company offices;

L.  Home occupation,

M.  FAMILY DAY CARE HOME LICENSED BY THE STATE OF MARYLAND.

(Ord. 04-21 (part): Ord. 04-09: Ord. 00-16: prior code Art. XI (Art. V-A § (part); Ord. No. 12-05, 5-21-12)

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

PASSED this 18th day of November, 2013 by a vote of 5 for, 0 against, 0 absent, and 0 abstain.

ATTEST:
By:  /s/  Donna DesPres, Town Clerk

Board of Commissioners
By:  /s/  Tim O'Donnell, President

Approved this 18th day November, 2013
By:  /s/   Donald Briggs, Mayor