§ 158.072  R-40,000 RESIDENCE DISTRICT.
   (A)   Purpose.  The purpose of the R-40,000 Residence District is to provide a location for single-family residential development, the individual lots of which contain a minimum of 40,000 square feet. This district is generally not intended to be served with public water or sewerage facilities although in special situations, it may be. The district would generally coincide with areas designated for low-density residential development on the Master Plan.
   (B)   Applicability.  The following regulations including the applicable regulations of other sections shall apply in the R-40,000 Residence District.
   (C)   Principal permitted uses.  Principal permitted uses shall be as follows:
      (1)   Agriculture, as defined in § 158.002, provided that any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 158.040;
      (2)   Religious establishments, schools, and colleges;
      (3)   Single-family dwellings;
      (4)   Buildings and properties of a cultural, civic, educational, social, or community service type such as libraries, ponds, playgrounds, community centers, but not warehouses, service garages, and storage yards; and
      (5)   Conversion of a building existing prior to August 17, 1965, to accommodate two families; provided that all applicable building construction and Maryland Department of Health and Mental Hygiene and MDE Codes are complied with.
   (D)   Conditional uses requiring BZA authorization.  Conditional uses requiring BZA authorization are as follows:
      (1)   Nursery schools or day care centers;
      (2)   Golf courses, country clubs, and similar recreational uses privately owned and/or operated;
      (3)   Nursing homes, retirement homes, continuing care retirement communities and assisted-living facilities, hospitals (Class A), medical and dental clinics, subject to prior concept site development plan and traffic study review and determination of density, exterior design, and site layout by the Planning Commission;
      (4)   Bed-and-breakfast (subject to § 158.071(D)(6));
      (5)   Country inn (subject to § 158.071(D)(7)); and
      (6)   Landscaping service (and the storage of vehicles in connection therewith) in conjunction with a nursery operation on the same premises, provided that:
         (a)   The minimum tract size shall be 50 contiguous acres;
         (b)   The storage of vehicles and other equipment shall be subject to two times the distance requirements of § 158.040, and the maximum size of such storage yard shall not exceed three acres;
         (c)   A site plan shall be required and subject to § 155.059, showing the limits of the area to be utilized and any distance requirements applicable; and
         (d)   Any division of the property described in the required site plan is prohibited.
   (E)   Accessory uses.  Accessory uses shall be as follows:
      (1)   Accessory buildings and uses customarily incidental to any principal permitted use or authorized conditional use, including a mobile home used in connection with an interim agricultural use, subject to the provisions of § 158.150(B);
      (2)   Home occupation, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (3)   Existing cemeteries, when accessory to a religious establishment;
      (4)   Swimming pools, tennis, and other similar courts when accessory to a residence;
      (5)   The keeping of not more than four roomers or boarders by a resident owner;
      (6)   One private stable as regulated in § 158.071(E)(2);
      (7)   Outdoor parking of commercial vehicles and outdoor storage of unlicensed vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;
      (8)   Attached accessory dwelling units which are subject to the following:
         (a)   An attached accessory dwelling must have direct access from the outside;
         (b)   Only one attached accessory dwelling is permitted on any principal dwelling unit;
         (c)   The property owner must occupy either the principal dwelling unit or the attached accessory dwelling unit on the property;
         (d)   The maximum size of an attached accessory dwelling shall be 800 square feet of the livable floor area or one-third of the total livable floor area of the principal dwelling unit, whichever is greater;
         (e)   The attached accessory dwelling unit shall have no more than two bedrooms;
         (f)   The attached accessory dwelling unit must meet all applicable building construction and Maryland Department of Health and Mental Hygiene and MDE Codes;
         (g)   Two additional off street parking spaces must be provided for the attached accessory dwelling unit; and
         (h)   Only one accessory dwelling unit (attached or detached) shall be permitted on a lot;
      (9)   Detached accessory dwelling units, provided that the lot or parcel is eligible to be subdivided to separate the detached accessory dwelling and which are subject to the following:
         (a)   Only one attached or detached accessory dwelling unit is permitted on any lot or parcel. Buildings converted in accordance with § 158.072(C)(5) shall be considered detached accessory dwelling units;
         (b)   The property owner must occupy either the principal dwelling unit or the detached dwelling unit on the lot or parcel;
         (c)   The detached accessory dwelling unit must meet all applicable building construction and Maryland Department of Health and Mental Hygiene and MDE Codes;
         (d)   Two off street parking spaces must be provided for the detached accessory dwelling unit; and
         (e)   Detached accessory dwelling units shall not be subject to any size limits;
      (10)   Antique shops and arts and craft shops where operated by the resident, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (11)   Beauty shops or barbershops, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (12)   Cottage industry, provided it is conducted solely within the dwelling, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (13)   Family day care, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (14)   Within a dwelling, the professional office of a physician, insurance agent, realtor, or other profession determined by the Zoning Administrator to be similar in use and characteristics, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);
      (15)   Lawn care and maintenance service, subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G); and
      (16)   The above or below ground storage of not greater than 2,000 gallons, in aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to Chapter 170 of the Carroll County Code and all applicable MDE and NFPA regulations.
   (F)   Height regulations.  No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed two stories or 20 feet in height, except as provided in § 158.130(E).
   (G)   Bulk requirements.
      (1)   Dwellings, religious establishments, schools, hospitals, and the like.  The following minimum requirements shall be observed subject to the modified requirements of § 158.130:
 
Use
Lot Area
Lot Width (feet)
Front Yard Depth (feet)
Side Yard Width (each side yard) (feet)
Rear Yard Depth (feet)
Dwellings
40,000 sq. ft.
150
40
20
50
Hospitals
5 acres
400
150
100
50
Religious establishments
2 acres
200
100
50
50
Schools:
 
 
 
 
 
   Elementary; middle
5 acres
400
150
100
50
   High
10 acres
500
150
100
50
   Colleges
15 acres
500
150
100
50
Other permitted or conditional uses
40,000 sq. ft.
150
60
25
75
 
      (2)   Nursing homes, assisted living facilities, and retirement homes.
 
Use
Lot Area
Lot Width (feet)
Density
Front Yard Depth (feet)
Side Yard Width (each side yard) (feet)
Rear Yard Depth (feet)
Nursing homes, assisted living facilities
45,000 sq. ft.
150
1 bed/3,000 sq. ft.1
502
402
502
Retirement homes, multi-family units
45,000 sq. ft.
150
As determined by the Planning Commission but not exceeding 1 DU/3,000 sq. ft.
502
402
502
Retirement homes, single-family and town homes
45,000 sq. ft.
150
As determined by the Planning Commission but not exceeding 1 DU/7,500 sq. ft.
502
402
502
1    For those areas in excess of 180,000 square feet, the determination of the density factor will be made by the Planning Commission and the Carroll County Health Department upon the review and approval of the site development plan.
2    As lot area increases above minimum of 45,000 square feet, increased provision for front, side, and rear yards shall be determined by the Planning Commission and the Carroll County Health Department based on the site development plan.
 
(Ord. 2019-06, passed 12-12-2019)