City of Westminster, MD General Provisions

The purpose of this chapter is to promote the health, safety, morals and general welfare of the community by regulating and restricting the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the density of population, the size of lots, yards, courts and other open spaces and the location and use of buildings, structures and land for retail, industrial, residential and other purposes; to provide for adequate light and air; to regulate off-street parking to prevent vehicular and pedestrian congestion and undue crowding of land; to secure safety from fire, panic and other danger; and to conserve the value of property.

ADULT ENTERTAINMENT ACTIVITY

This chapter has also been enacted to control safety; to promote the conservation of natural resources; to prevent environmental pollution; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public requirements. It also provides reasonable consideration, among other things, to the character of the districts and, considerably for particular users, with a view to conserving the value of buildings and encouraging the orderly development and most appropriate use of land throughout the City.

Conservation, agricultural and residential zones generally. The purpose of conservation, agricultural and residential zones is to promote a suitable environment for family life at various densities through the provision of recreational, religious and educational facilities as basic elements of a balanced neighborhood, to stabilize and protect the essential characteristics of existing residential development and to foster development compatible with the topography and other natural characteristics of the area.

Business zones generally. The purpose of the business zones is to provide a range of retail uses and services and commercial activities. In order to protect the abutting or surrounding residential zones, the regulations for these zones establish standards, including parking requirements, to ensure that said uses will be operated in a manner least objectionable to said residential areas.

Industrial zones. The purpose of the industrial zones is to provide space for certain industrial uses and activities and for particular wholesaling and retailing facilities for commodities appropriate in an industrial zone.

§ 164-3 Definitions and word usage.

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

ACCESS

A means of approach or admission.

ACCESSORY BUILDING

A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land and which is not attached by any part of a common wall or common roof to the main building.

ACCESSORY USE

A use of a building or lot or portion thereof which is customarily incidental and subordinate to the principal use of the main building or lot.

[Amended 3-22-1993 by Ord. No. 571]

Any commercial activity, whether conducted intermittently or full-time, which involves:

Any building, room, place or establishment where there is the sale, display, exhibition or viewing of books, magazines, films, photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts or by an emphasis on male or female genitals, buttocks or female breasts;

Any building, room, place or establishment where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologist and physical or occupational therapist who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barbershops;

AGRICULTURE or AGRICULTURAL PURPOSES

Any building, room, place or establishment which provides topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers; or

(4)

Any building, room, place or establishment which provides for off-track betting, telephone betting or parimutual satellite simulcast betting for wagering, betting or gambling purposes.

The use of land for the raising of farm products for use or sale, including animal or poultry husbandry; the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil; and the necessary accessory uses for packing, treating or storing the produce thereof, provided that such accessory use is secondary to normal agricultural activities.

AIRPORT (including "airpark" and "airfield")

A place where aircraft may take off and land, discharge cargo or passengers, be repaired, take on fuel or be stored.

ALLEY

A right-of-way which provides a secondary means of access to abutting lots and is not intended for general traffic circulation.

AMUSEMENT CENTER

A commercially operated facility containing such enterprises as a bowling alley, pool hall, skating rink, billiard parlor or one providing more than two coin-operated amusement devices suitable for participation by people of any age, including but not limited to television games, electronic novelty games, electromechanical and electronic target games, driving games, pinball machines, small kiddy rides and other similar devices.

ARTIST LIVE/WORK SPACE

A structure containing one residential dwelling unit associated with and forming an integral part of an art studio.

[Added 1-12-2004 by Ord. No. 710]

ART STUDIO

A structure with a minimum and maximum floor area of 500 and 1,500 square feet, respectively, used for the production of paintings, drawings, prints and print-plates, pottery, puppetry, sculpture, stained glass, ceramics video, moving or still photography, creative writing, dance or music, none of which involves amplified sound. Metalworking, woodworking except for carving with hand tools, the firing of pottery in kilns, and the use of fiberglass is prohibited. Art studios must provide for the ventilation of fumes directly to the rear exterior of the structure. Art studios must not share any portion of forced-air heating or cooling system with dwelling units unassociated with the art studio. Users must abide by all applicable local, state, and federal requirements for storage, use, ventilation, and disposal of materials, fluids and chemicals used in any of the processes listed in this definition.

[Added 1-12-2004 by Ord. No. 710]

BASEMENT

A portion of a building located partly underground, but having more than 1/2 of its floor to ceiling height above the average grade of the adjoining ground.

BOARD

The Board of Zoning Appeals of the City of Westminster.

BOARDING (LODGING) OR ROOMING HOUSES

A dwelling or part thereof where lodgings are provided in exchange for compensation for nontransient persons, in which the tenant or tenants of an individual room or rooms do not have exclusive control over a bathroom and kitchen, except that the use does not include:

[Amended 5-13-2019 by Ord. No. 907]

Dormitories used exclusively by students of an educational institution or by members of a religious institution or order;

Domestic violence shelters;

COMPREHENSIVE DEVELOPMENT PLAN

State-licensed assisted living facilities, nursing homes, medical care facilities or group homes for disabled persons.

BUILDING

Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or chattels and any cabin or mobile house. When any portion thereof is completely separated from all other portions by a division wall from the ground up through the roof and without any door or other openings, such portion shall be considered a separate building.

BUILDING, HEIGHT OF

The vertical distance from the average finished grade adjoining the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height level between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINE

The line established by law beyond which a building shall not extend as determined by front, side and rear yards herein.

BUILDING, MAIN

A building in which is conducted the principal use of the lot on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the lot on which the same is located if the lot is used primarily for residential purposes.

CANNABIS BUSINESS

A business licensed or registered by the division administration to operate in the cannabis industry.

[Added 7-10-2023 by Ord. No. 2023-05]

CARE HOMES

See "retirement homes/care homes."

[Added 9-24-2001 by Ord. No. 672]

CELLAR

A portion of a building located partly or wholly underground and having less than 1/2 of its floor to ceiling height above the average grade of the adjoining ground.

CITY

The City of Westminster.

COFFEE HOUSE

An establishment where coffee, tea, and other nonalcoholic beverages and light refreshments are served for predominantly on-site customers and providing a place for the interchange of ideas and opinions of individuals or groups, and which may include entertainment without amplification. A coffee house is not a convenience food and beverage store and is not a restaurant or cafe.

[Added 1-12-2004 by Ord. No. 710]

COMMISSION

The Planning and Zoning Commission of the City of Westminster.

A plan for the desirable use of land, as officially adopted and as amended from time to time by the Planning Commission or the Common Council, which is intended to guide the physical development of the City of Westminster, including private and public land use, transportation and community facilities, and to provide both a foundation and guide for decisions regarding zoning, subdivision regulations, community needs and acquisition of sites for public facilities, such as streets, parks and public buildings.

CONSTRUCTION STARTED

Construction will be deemed to have begun when all of the necessary excavation and piers and/or footings of one or more buildings or structures covered by the permit have been completed.

CONSUMER

An individual at least 21 years old who purchases cannabis or cannabis products for personal use by individuals at least 21 years old.

[Added 7-10-2023 by Ord. No. 2023-05]

DAY-CARE FACILITY

A place used for the reception or care for compensation of a child or children under 18 years of age or elderly persons over the age of 60 years of age for any part of a twenty-four-hour period.

DEVELOPER

The legal or beneficial owner(s) of all of the land proposed to be included in a given development, the authorized agent thereof, the holder of an option or contract to purchase, a lessee having a remaining term of not less than 30 years or other persons having an enforceable proprietary interest in such land.

DEVELOPMENT

Any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.

DISPENSARY

An entity licensed under this title that acquires, possesses, repackages, transfers repackages, transports, sells, distributes, or dispenses cannabis or cannabis products, including tinctures, aerosols, oils, and ointments, related supplies, and educational materials for use by qualifying patients, caregivers, or consumers through a storefront or through a delivery service, based on license type.

[Added 7-10-2023 by Ord. No. 2023-05]

DWELLING

Any building arranged, designed or used, in whole or part, to provide living facilities for one or more families, but not including a tent, cabin, trailer or mobile home, a room in a hotel or motel, or, on or after January 1, 2026, a rooming house.

[Amended 5-13-2019 by Ord. No. 907]

DWELLING, MULTIPLE-FAMILY

A dwelling shall contain the following minimum actual square feet of living space, excluding common areas:

(a)

Efficiency unit, single-room living area, consisting of kitchen, bathroom and a combination living room, dining space and bedroom: 400 square feet.

(b)

One-bedroom unit: 500 square feet.

(c)

Two-bedroom unit: 600 square feet.

(d)

Three-bedroom unit: 700 square feet.

(e)

In the event of rehabilitation or conversion of existing structures, a ten-percent reduction may be allowed.

DWELLING, CONVERSION

A building existing at the time of enactment of this chapter which may be converted or altered to accommodate two or more families, as a rental facility, condominium or cooperative, subject to regulations prescribed by § 164-150. Conversions shall not be defined to include additions to or expansions of existing units where not proposed in conjunction with the creation of additional units to accommodate families.

A building containing three or more dwelling units separated.

DWELLING, MULTIPLE-FAMILY HOUSING FOR OLDER PERSONS

[Added 9-24-2001 by Ord. No. 672]

Dwelling units exclusively inhabited by older persons, as defined below, that live independent of any services provided by a nursing home or a retirement home/care home;

Intended for, and solely occupied by, persons 62 years of age or older; or

DWELLING, SINGLE-FAMILY ATTACHED

Intended and operated for occupancy by persons 55 years of age or older and:

(a)

At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older;

(b)

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under 42 U.S.C. § 3607; and

(c)

The housing facility or community complies with rules issued by the United States Secretary of Housing and Urban Development for verification of occupancy.

A group of at least three dwelling units separated by fire walls, each having separate ground floor entrances from the outside and with no unit directly above or below another unit.

DWELLING, SINGLE-FAMILY DETACHED

A building designed or used exclusively for residential purposes by one family or one dwelling unit and not attached to any other dwelling units.

DWELLING, SINGLE-FAMILY SEMIDETACHED

A group of two single-family dwelling units which are joined to one another by a common party wall and/or an attached permanent structure, such as a garage, whether or not such dwelling units are located on a single parcel of ground or on adjoining individual lots.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes.

EXPLOSIVE

Any chemical compound, mixture or device, the primary or common purpose of which is to create explosions.

EXTRACTIVE OPERATIONS

The extracting or mining of sand, gravel, limestone, soapstone or building stone.

FAMILY

An individual or two or more persons related by blood or marriage or a group of not more than five persons not related by blood or marriage living together as a single housekeeping group in a dwelling unit.

FARM

A parcel of land or lot used for agricultural purposes which is intended to provide a source of income for the occupant or owner.

FINAL PLAT

A drawing of the subdivision showing lots, streets and other information which may be required in this chapter, which is desired to be made of official record in the office of the Clerk of the Circuit Court and which may be all or a portion of a preliminary plan. A preliminary plan shall be a master drawing of a subdivision prepared for the overall planning of a property desired to be subdivided and which is in accordance with this chapter. A concept is an optional plan which establishes in concept or sketch form the layout for the subdivision of land. The purpose of this plan is to provide a basis for the informal evaluation of plans and to foster a more efficient review process.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.

[Amended 8-10-1998 by Ord. No. 629]

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FRONT YARD

A yard extending across the full width of the lot and lying between the front lot line or the proposed front street line and the nearest line of the building or any enclosed portion thereof.

GARAGE

RESIDENTIAL GARAGEAn accessory building, portion of a main building or building attached thereto used for the storage of private motor vehicles, 50% of which may be for the storage of a commercial vehicle.

SERVICE GARAGEA garage, other than a residential garage, where motor vehicles, trailers or other types of equipment are stored, equipped for operation, repaired or kept for hire or sale.

PARKING GARAGEA garage, other than a residential garage or service garage, where parking is provided for motor vehicles on a temporary basis.

GROWER

An entity licensed by the state that:

[Added 7-10-2023 by Ord. No. 2023-05]

Cultivates, or packages, or distributes cannabis; and

Is authorized by the Maryland Cannabis Administration to provide cannabis to other cannabis licensees and registered independent testing laboratories.

HEALTH DEPARTMENT

The Maryland State Department of Health and Mental Hygiene.

HOME OCCUPATION

Any occupation or profession carried on by a member of the immediate family residing on the premises, provided that:

There is no commodity sold upon the premises.

No person is employed other than a member of the immediate family residing on the premises.

ILLUMINATED ELECTRONIC DISPLAY

No mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes.

HOSPITAL

An institution receiving inpatients and rendering medical, surgical or obstetrical care. Such terms shall include general hospitals and institutions in which services are limited to special fields such as cardiac, eye, ear, nose and throat, pediatrics, orthopedic, skin, cancer, mental, tuberculosis, chronic disease and obstetrics. The term "hospital" shall also include sanitariums and sanatoriums, including those wherein mental patients, epileptics, alcoholics or drug addicts are treated or receive care.

An audio and video message display used primarily at drive-through facilities, service stations and other similar auto-themed establishments.

[Added 9-28-2015 by Ord. No. 860[1]]

INCUBATOR SPACE

A facility operated in accordance with the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland, § 36-401, § 36-401(c)(3).

[Added 7-10-2023 by Ord. No. 2023-05]

JUNKYARD

Any area where waste and discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled or abandoned, including the salvaging, storing and wrecking of automobiles or other vehicles and machinery or parts thereof, housewrecking yards, used lumberyards and places for storage of salvaged building or structural steel materials and equipment. An unenclosed residential area used for the storage of any automobile which does not have current license plates issued by the Motor Vehicle Administration shall be deemed to be a junkyard. Not included are pawnshops, used car sale lots and commercial establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition and salvaged machinery and the processing of used, discarded or salvaged materials as a part of the manufacturing operations.

KENNEL

Any building or structure and/or land used, designed or arranged for housing, boarding, breeding or care of more than three adult dogs kept or bred for hunting, sale, exhibition or domestic use or other domestic animals for profit, but not including those animals raised for agricultural purposes.

LANDSCAPING

The improvement of a lot with grass, shrubs, trees, ground covers, vines, flowers, other vegetation and other ornamental objects. Landscaping may include pedestrian walks, flower beds, ornamental objects such as sculpture, fountains, statues and similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings to be used, developed or built upon as a unit under single ownership, including all open spaces required by this chapter.

A defined portion of a subdivision or parcel of land which may be intended for building development, immediate or future, by one or more owners.

LOT, CORNER

A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135º.

LOT, INTERIOR

Any lot, including a through lot other than a corner lot.

LOT LINE, FRONT

The line separating the lot from the street right-of-way line upon which it fronts or, where a lot does not abut a street, that lot line which faces the principal entrance or approach to the main building.

LOT LINE, REAR

The lot line most distant and most nearly parallel to the front lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT MEASUREMENTS

DEPTHThe average horizontal distance between the front lot line and the rear lot line.

(MICRO) WIRELESS COMMUNICATION ANTENNA ARRAY

WIDTHThe horizontal distance between side lot lines, measured at right angles to the lot center line at the front setback line. On irregular-shaped lots, the width shall be the average distance between the side lot lines, with the average distance to be measured at ten-foot intervals beginning at the front lot line.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.[2]

An antenna array for the reception of wireless communications services, less than 1/2 meter in height and diameter, which is either ground-mounted or attached to an existing building or structure.

[Added 9-25-2017 by Ord. No. 869]

MINOR SUBDIVISION

A subdivision of fewer than three lots.

MOBILE HOME

Any vehicle or preassembled structure so constructed and located, regardless of its foundation, as to permit occupancy thereof for living or sleeping or for the conducting of any business and so designed that it may be moved or transported on roads by means of attached wheels or hauled on a separate conveyance or may be propelled or drawn by its own motor power; included are automobile trailers, truck trailers, trailer coaches, trailer homes, mobile homes, buses, streetcars and all similar devices.

MONOPOLE

A single, freestanding pole-type structure, tapering from base to top and supporting one or more antennas. For purposes of this chapter, a monopole is not a tower.

[Added 10-26-1998 by Ord. No. 631]

NONCONFORMING USE

The use of a building, structure or land which was lawful when established and legally continued, but which no longer conforms to the requirements of the zone in which it is located because of the adoption or amendment of this chapter or the Zoning Map.

NURSING HOME

Any rest home, convalescent home or home for the aged and any place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries who do not require the extensive or intensive care that is normally provided in a general hospital or other specialized hospital but who do require care in excess of room and board and who need medical, nursing, convalescent or chronic care. It also includes the following:

An extended care, intermediate care or personal care facility as defined within Maryland State Health Department regulations and as may hereinafter be amended.

A domiciliary care facility as further defined within Maryland State Health Department regulations and as hereinafter amended.

OFFICE, PROFESSIONAL, BUSINESS-NONRESIDENTIAL

A treatment facility for emotionally disturbed children and for adolescents as defined within the Maryland State Health Department regulations and as hereinafter amended.

Offices and/or buildings used for office purposes by recognized professions, including doctors, dentists, lawyers, accountants, engineers, veterinarians, or other such similar professions, including medical or dental clinics or veterinary clinics.

[Added 11-25-2013 by Ord. No. 848-A]

OFFICE, PROFESSIONAL, RESIDENTIAL

Rooms and/or buildings used for office purposes by not more than one member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics, provided that such use shall be incidental to and subordinate to residential use and not involving a commercial enterprise.

OPEN SPACE

Land provided and deemed necessary and desirable for present and future residents and citizens of the area, including such land in stream valleys, natural woods, areas of unusual natural scenic beauty, local play lots, recreational walkways, pathways and planting areas in residential subdivisions, but not to include streets, off-street parking or utility easements.

OPEN SPACE, ENVIRONMENTAL

Land provided for the use of residents and citizens of an area which possesses such characteristics as natural woods, stream valleys, floodplains, areas of unusual scenic beauty or environmental constraints.

OPEN SPACE, RECREATIONAL

Common open space provided and deemed necessary and desirable for active, recreational purposes.

PERSON

Any individual, corporation, association, firm or partnership or any governmental agency, except the City, or the like, singular or plural.

PLANNED BUSINESS CENTER

Three or more retail stores or service establishments designed as a single unit and primarily served by common accessories such as signs, parking lots, arcades, and walkways.

[Added 9-9-2013 by Ord. No. 846]

PLANNING DIRECTOR

The Planning Director of the City of Westminster.

[Amended 1-28-2008 by Ord. No. 774]

PRIVATE INDOOR RECREATIONAL FACILITIES

Rooms and/or buildings that are designed for recreational use as sports facilities and operated by a private nongovernmental entity such as for-profit commercial business or private nonprofit. Such facilities do not include outdoor uses and are not included in the accounting for any required environmental open space and/or recreational open space.

[Added 12-14-2015 by Ord. No. 861]

PROCESSOR

An entity licensed by the state that:

[Added 7-10-2023 by Ord. No. 2023-05]

Transforms cannabis into another product or an extract and packages and labels the cannabis product; and