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Allegany County, MD
 
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Table of Contents
Table of Contents
Code
New Laws (3) Index
A. 
Purpose. This Part 4 is intended to regulate land use, the size of lots and the location, size and use of buildings and other structures for the purpose of providing sufficient and appropriate amounts of land for business and industry, residential use, public and private institutions, agriculture, open space and other purposes; and to ensure that these uses are consistent with the policies and recommendations of the Allegany County Comprehensive Plan and to provide for the harmonious and orderly development of the County in a manner which preserves the natural environment and the quality of life of its citizens.
B. 
Authority. This Part 4 is adopted under the authority of and in compliance with the provisions of the Land Use Article of the Annotated Code of Maryland.
C. 
Jurisdiction. This Part 4 shall apply to the unincorporated area of Allegany County.
D. 
Severability. It is hereby declared to be the intention of the Allegany County Board of County Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgement or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this code since the same would have been enacted without the incorporation into this code of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
E. 
No use of land or buildings except in conformity with code provisions.
(1) 
Subject to Article XIX, Nonconforming Uses, of this code, no person may use or occupy any land or buildings or authorize or permit the use or occupancy of land or buildings under his control except in accordance with all of the applicable provisions of this code.
(2) 
For the purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
A. 
All definitions applicable to this Part 4 are contained in code Appendix I, Stormwater Management Definitions.[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
B. 
Terms defined. As used in this Part 4, the following terms shall have the meanings indicated:
(1) 
Zoning terms and definitions.
ACCESSORY STRUCTURE
A detached structure on the same parcel of property as the principle structure, the use of which is incidental to the principle structure. Includes private garages, private swimming pools, storage buildings, carports, on-site communication structures and other essential service structures. Does not include mobile homes.
ADULT BOOKSTORE
A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material, or any sexually oriented paraphernalia or aid, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.
ADULT LIVE ENTERTAINMENT USE
A commercial use or club involving employees, contractors or other workers displaying uncovered male or female genitals or nude female breasts related to some form of monetary compensation paid to the entity operating the use or to persons involved in such display.
ADULT THEATER
A business establishment open to the public, or to members, that maintains display devices for viewing on the premises films, videos or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.
ADULT USE
A use involving one or more of the following: adult bookstore, adult live entertainment use, adult theater, and/or massage parlor. These uses shall only be permitted in a zoning district where the use is specifically permitted by this Part 4.
AGRICULTURAL OPERATION
Includes, but is not limited to, all matters set forth in the definition of "operation" in the Maryland Code, Courts and Judicial Proceedings, Article 5-403(c),[2] to be known as the "Allegany County Right to Farm," including cultivation and tillage of the soil; dairying, the spreading of manure, lime, fertilizer and the like; composting; spraying; producing; irrigating, protecting from frost, cultivating, growing, harvesting and processing of any agricultural crops or commodities, including viticulture, horticulture, timber or apiculture, raising fish or poultry and other fowl; production of eggs; production of milk and dairy products; production of livestock, including pasturage; fur-bearing animals, production of bees and their products; production of fruit, vegetables and other horticultural crops; production of aquatic plants; agriculture; production of timber; and any commercial agricultural practices or procedure performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market; usage of land in furtherance of educational and social goals (including, but not limited to, 4-H Clubs and Future Farmers of America), agrotourism and alternative agriculture enterprises; and the like. Operation at any time of machinery used in farm production or the primary processing of agricultural products is included. Storage of farm equipment, machinery or agricultural products is also included. Normal agricultural operations performed in accordance with generally accepted agricultural management practices which are authorized by various governmental agencies such as the Cooperative Extension Service and the Allegany County Soil Conservation District are permitted along with activities which may produce normal agricultural related noise and odors. "Agricultural" definition: raising, storage and processing of crops, plants, produce, animals, animal products, poultry and poultry products, and forest products. On lots less than two acres in size in the R-1 District, animal and poultry husbandry are considered nonconforming uses. Agriculture does not include the location of dwelling units on a parcel unless the requirements of Part 1 of this chapter, Subdivision Regulations, are met. Feeding swine, cattle or poultry in a building, feed lot or other facility holding more than 500 animals or 10,000 birds is not considered a normal agricultural use, but is considered to be a concentrated animal feeding operation.
AGRICULTURAL STRUCTURE
Includes barns, silos, storage buildings, garages and other structures associated with an agricultural use.
ALLEY
A right-of-way which affords generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
BANQUET/ASSEMBLY HALL
Any place of business maintained for public rental for the purpose of private party events, whether family, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving, or consumption of food and/or alcoholic beverages.
[Added 8-27-2020 by Bill No. 1-20, effective 10-11-2020]
BAR
A commercial establishment that sells and serves alcohol to the public and does not meet the definition of a restaurant. Includes bars, taverns, saloons, night clubs, and dance halls.
BILLBOARD
A freestanding sign, other than a directional sign, not on the site where the advertised function is located.
BUILDABLE LOT
See development standards in Article XX, Development Standards.
BUILDING
Any structure having a roof which is designed, built or occupied as a shelter for persons, animals or property or for commercial, industrial, institutional or other purposes.
BUILDING CODE
Includes any building code as adopted and amended by Allegany County.[3]
BUILDING LINE
The line at the exterior edge of the roof, porch or patio of any building or the furthest extension of such building. This line must be at a distance at least equal to the required setback for the permitted use.
BUILDING PERMIT
A certificate that authorizes construction of a building or structure that is subject to the permitting requirements set forth by the Building Code of Allegany County. The requirements of permitting include the following: application, plan review, approval, inspection, and the issuance of a certificate of occupancy.
COMAR 26
Code of Maryland Regulations, Title 26, Department of the Environment, Regulation of Water Supply, Sewage Disposal and Solid Waste. All references to wells, septic systems, community water or sewer systems, public or major water or sewer systems are to be in conformance with COMAR 26.
COMMERCIAL
(a) 
MAJOR COMMERCIALMajor commercial uses may provide products or services on a regional scale and have greater impact than neighborhood commercial uses. May include neighborhood commercial uses, as well as personal services establishments, wholesale and retail stores, offices or office buildings, motels and hotels, bowling alleys, indoor and outdoor theaters, publishing houses, sign painting shops, building materials sales and storage, warehouses, feed and grain sales and milling and storage, auto repair shops, car and truck sales, plant nurseries, bakeries and uses similar to those listed above.
(b) 
NEIGHBORHOOD COMMERCIALNeighborhood commercial uses provide products or services for the nearby residential areas and are small-scale and have lesser impacts than major commercial uses. May include grocery stores, retail stores, service stations, specialty shops, barbershops, hairdressers, professional offices, restaurants, printing shops, indoor theaters, banks, car washes, shops for sale or repair of appliances, auto parts or repair shops, commercial self-storage facilities and uses similar to those listed above.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
COMPLETION
With respect to building construction, the erection of footings, exterior walls and roof and the installation of windows and doors; with respect to site preparation or grading, final grading, stabilization of the land surface, seeding and mulching; with respect to commercial entrances, includes the construction of curbs, gutters and final paving.
COMPREHENSIVE PLAN
The County Comprehensive Plan, as updated or amended, and any part of such plan.
CONCENTRATED ANIMAL FEEDING OPERATION
Feeding swine, cattle or poultry in a building, feed lot or other facility holding more than 500 animals or 10,000 birds.
CONDITIONAL USE
See "special exception."
CONDOMINIUM
A structure where individual units may be sold to occupants but the lot site is held in common ownership or retained by the developer or other person. So long as the lot itself is not subdivided, the sale of condominium units is not subject to subdivision regulations. Condominiums may include combination commercial-residential structures if both uses are permitted in a particular zoning district.
CONSTRUCTION
The process of erecting a structure; includes the process from grading or excavation of a lot or parcel through the complete erection or installation of a building or other structure and the final grading and stabilizing of the land surface.
CONTRACTOR'S STORAGE YARD
A facility, area or parcel erected and arranged for the storage of construction materials, equipment, and/or commercial vehicles utilized by building and construction contractors, craftsmen, tradesmen, or service providers; may include field office(s) related to such activities.
DAY-CARE CENTER
Any premises where care is provided simultaneously for children who are not relatives of the operator; considered an institutional use.
DEVELOPMENT STANDARDS
A set of criteria to be used in the design of planned developments and for commercial, industrial or institutional uses.
DUPLEX
A building containing two dwelling units under a common roof and situated on one lot. Detached single-family dwelling units or accessory structures on adjacent lots may not be connected structurally unless the lots are combined into one lot by deed.
DWELLING UNIT
Includes single-family units, duplex units, mobile homes, multifamily units, townhouses, condominium units and any other structure intended for human habitation.
ESSENTIAL SERVICES
Limited to streets, access roads, highways, rail lines and sidings, gas and oil pipelines, underground or overhead electrical and communications systems (except WECS, cellular, relay and transmitting towers), water or sewage systems (except sewage treatment plants), poles, towers, wires, lines, mains, drains, sewers, conduits, cables, substations, fire alarm boxes, police call boxes, traffic signals, hydrants, regulating and measuring devices and other similar equipment and accessories in connection therewith and signs identifying the service. Access roads, rail lines, pipelines and other essential services may be constructed across any zoning district to serve a use not expressly allowed in that district.
EXTRACTIVE INDUSTRY
Surface or subsurface mines for coal, clay, stone or other minerals; quarries; oil or gas drilling; sand and gravel pits; and borrow pits. Exploration for the above is permitted in all districts except the R-1 or R-2 Districts.
FARM ALCOHOL PRODUCER
A farm that grows and processes, stores and/or sells agricultural products for the production of wine, beer, spirits, or other similar beverage on an on-site producing vineyard, orchard, hopyard, or similar growing area. Accessory uses may include farm alcohol tasting rooms, accessory food sales related to the farm alcohol tasting, sales of novelty and gift items related to the farm alcohol processing facility, sales of farm alcohol produced primarily on-site and promotional events and guided tours.
[Added 1-10-2019 by Bill No. 7-18, effective 2-24-2019]
FLOODPLAIN
That area along or adjacent to a stream or body of water which has been or is expected to be inundated by the one-hundred-year frequency flood. Where applicable, this area will be determined by the latest Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA).
FLOODPLAIN REGULATIONS
Chapter 325, Floodplain Management, as adopted and amended.
GRADING
Any act by which soil, earth or rock is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
GROUP HOME
A dwelling owned or leased by a governmental agency, nonprofit organization or private institution and used to house a group of persons unrelated by blood, marriage or adoption and with a resident staff employed as counselors or surrogate parents; considered an institutional use.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance measured from the finished grade at the front building line facing the street to the highest point of the building or structure.
HOME OCCUPATION
A business conducted by the resident, which is incidental and secondary to residential occupancy and does not change the residential character of the property. Home occupations include professional services, repair shops, day-care centers, manufacture and sale of specialty items made on the premises and the storage of items to be delivered for sale by a vehicle to another site.
HORTICULTURAL
Includes raising of crops, flowers, shrubs, fruits and vegetables.
INDUSTRIAL
Includes manufacturing, assembly or processing plants, research and development facilities, storage tanks, utility plants and stations, slaughterhouses, railroad yards and service facilities, truck or motor freight warehouses or terminals, sales and leasing of industrial equipment, machinery or parts and extractive-type industries.
INDUSTRIALIZED DWELLING (MODULAR)
A building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site without chassis and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprising two or more industrialized building units. "Industrialized building" does not include open frame construction which can be completely inspected on site.
INSTITUTIONAL
Includes schools, day-care centers, hospitals, churches, cemeteries, funeral homes, government offices, nursing homes, group homes, fire stations, community buildings, fraternal organizations, publicly owned recreation areas or any similar government or private use; does not include landfills or sewage treatment plants.
JUNKYARD
See "salvage yard."
LAND USE PERMIT
A permit issued for the construction of a building or structure or for a particular use of a parcel of land or building or for grading, mining or other extractive process.
LANDFILL
A solid waste facility as approved in the County Solid Waste Management Plan.
LOT
A contiguous area of land separated from other parcels of land by a boundary which is described on a subdivision plat or deed and, where necessary, properly approved by the Planning Commission and properly recorded with the Clerk of the Circuit Court; includes the following meanings: parcel, tract or plot of land.
LOT AREA
The total horizontal areas of a lot as determined by the closure of the rear, side and front lot lines, but does not include area lying within a publicly dedicated right-of-way.
LOT DEPTH
The distance between the front and rear lot lines. Newly created lots must have depth equal to or greater than the required lot depth for the type of use throughout its width. Lots which straddle a right-of-way must meet the same criteria on each side of the right-of-way.
LOT LINES
Lines of survey described in a recorded deed, subdivision plat or other instrument.
LOT OF RECORD
A lot or parcel of land separated from other parcels of land by a boundary which is described in a recorded deed, subdivision plat, survey map or other recorded description. Such description shall have been recorded with the Clerk of the Circuit Court prior to the effective date of the State Subdivision Regulations, March 3, 1972.
LOT SPLIT
A portion of an existing lot or parcel which is transferred to an adjacent parcel (See § 360-12 of Part 1, Subdivision Regulations); also known as a "lot line adjustment."
LOT WIDTH
The distance between the side lot lines measured at the front lot line on a public right-of-way. Newly created panhandle lots must have a handle with road frontage equal to or greater than the required lot width for the type of use. Lots on curved streets or culs-de-sac are measured at the setback line for lot width.
LUMBER YARD
Storage and sale of lumber products and related building materials; does not include sawmills, planing mills and the like.
MANUFACTURED HOME (MOBILE HOME, SINGLE- OR DOUBLE-WIDE)
A structure, transportable in one or more sections, which in the traveling mode is eight body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length, or, when erected on site, is 320 square feet (30 m2) or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.
MASSAGE PARLOR
A use in which manipulative exercises using the hands or a handheld mechanical device are conducted by one or more persons on the exposed skin of one or more other persons within private or semiprivate rooms, and that is related to some form of monetary compensation paid by the person(s) receiving the massage. This use shall not include any of the following:
(a) 
Massages by state-licensed massage therapists or health-care professionals;
(b) 
Massages involving persons who are related to each other;
(c) 
Massages within a licensed hospital or nursing home;
(d) 
Hand massages of the face, hands or feet; or
(e) 
Therapeutic massages that are clearly incidental to a permitted exercise club or municipal, college or high school athletic program.
MIXED-USE DEVELOPMENT
A single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.
MOBILE HOME PARK
A planned development containing two or more mobile homes required to have a common water and sewer system and internal road system.
MOBILE HOME, DOUBLE-WIDE
See "manufactured home."
MOBILE HOME, SINGLE-WIDE
See "manufactured home."
MODULAR HOME
See "industrialized dwelling."
MOTEL/HOTEL
An establishment that provides lodging with access to rooms from either the exterior or interior of buildings.
MOTOR HOME
See "travel trailer."
MULTIFAMILY HOUSING
A structure or structures containing more than two dwelling units, including condominiums and apartment buildings, having a common water and sewer system and an internal road or parking system.
NEIGHBORHOOD CONVENIENCE CENTER
A small-scale shopping center housing neighborhood commercial uses in one structure or in several structures on the same site served by common utility systems and parking facilities.
PLANNED DEVELOPMENT
Includes planned residential developments, mixed-use developments, industrial parks, shopping centers, neighborhood convenience centers, mobile home parks, campgrounds and resorts, having water and/or sewer systems and an internal road system maintained by the developer or his assigns.
PLANNED RESIDENTIAL DEVELOPMENT
The development of any combination of residential uses including single-family, multifamily, condominiums and townhouses. The development must have water and sewer systems in accordance with the Environmental Article of the Annotated Code of Maryland and an internal road system in accordance with Part 1, Subdivision Regulations.
PLATTED STREET
A public right-of-way so designated on a recorded plat.
PRINCIPAL STRUCTURE OR USE
The structure or use which is the primary permitted use on a particular lot or parcel; e.g., one single-family dwelling is the principal structure on an individual residential lot.
PUBLIC UTILITIES STRUCTURES
Includes electric substations, pump stations, water tanks, standpipes and related structures larger than 100 square feet; does not include buildings used to house these facilities or offices, treatment plants or storage buildings related to essential services or public utilities.
RECREATIONAL USE
Includes parks, playgrounds, swimming pools, skating rinks, tennis courts, golf courses and driving ranges, campgrounds, resorts, stadia, racetracks, fairgrounds and outdoor theaters. Recreation does not include the location of single-family dwellings, mobile homes, tents, travel trailers or campers on a parcel unless the requirements of the subdivision regulations are met.
RECREATIONAL VEHICLE
See "travel trailer."
RESTAURANT
Includes any commercial establishment located in a permanent building where meals are prepared, sold or served to the public and which derives a minimum of 60% of its gross monthly revenue from the sale of food.
SALVAGE YARD
Any land or building licensed and used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials or for abandonment, demolition, dismantling, storage or salvaging of unlicensed automobiles or other unlicensed vehicles not in running condition or machinery or parts thereof.
SCREENING BUFFER
A vegetated area designated to separate and provide a visual screening between specified uses. Vegetation should provide visual screening, as appropriate, and may include evergreen shrubs or trees. If the buffer width has existing mature vegetation that provides acceptable screening then the buffer area may remain undisturbed.
SEDIMENT AND EROSION CONTROL CODE
Part 2, Allegany County Sediment and Erosion Control Code, as adopted and amended.
SERVICE STATION
A structure or land used or intended to be used primarily for the sale of fuel for automobiles and other vehicles, and for the service and repair of automobiles and other vehicles up to a gross vehicle weight of 10,000 pounds. Service and repair, parking or storage of trucks over 10,000 pounds gross vehicle weight is not considered a permitted use under this definition.
SETBACK
A specified distance which a building or use must be from adjacent lots, other structures, rights-of-way or easements, stream channels or wetlands. Also referred to as a "building restriction line."
SEWAGE TREATMENT PLANT
A facility for the treatment of sewage, subject to approval in the County Master Plan for Water and Sewer and permitted in Industrial Districts by right and through special exception in GU, Agriculture, and Conservation Districts.
SEWER SYSTEM
Includes community and major systems as defined by COMAR 26.04.03.
SHOPPING CENTER
A building or collection of structures containing several major commercial uses on the same parcel or site served by common utility systems and parking facilities.
SINGLE-FAMILY DWELLING
A detached dwelling unit, including manufactured double-wide mobile homes 22 feet or greater in width and industrial modular homes intended to house one family. In the R-1 District, manufactured double-wide mobile homes are to be placed on a permanent, fully enclosed foundation (i.e., crawl space or basement) and must have a gabled roof the entire length of the structure.
SITE PLAN
A plan showing the layout of a proposed use or building; includes minor, standard and major site plans.
SMALL-SCALE PRODUCT DEVELOPMENT AND TECHNOLOGICAL INNOVATION ENTERPRISES
A land use that includes research and design and other light manufacturing.
SOLAR ENERGY SYSTEMS
Panels or other solar energy devices, the primary purpose of which is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating. Solar panels designed and utilized for heating swimming pools are not considered to be solar energy systems.
SOLAR ENERGY SYSTEMS AS PRIMARY USE
An energy generation facility or area of land used primarily to convert solar energy into electricity.
SOLID WASTE PROCESSING/RESOURCE RECOVERY FACILITY
A place or facility where a combination of structures, machinery or devices is used to reduce or alter the volume, chemical or physical characteristics of solid waste. The component materials of solid waste may also be recovered for use as raw materials or energy sources. A solid waste processing/resource recovery facility may be associated with a solid waste transfer station. For the purposes of this Part 4, solid waste collection and recycling collection centers are not considered solid waste processing/resource recovery facilities. (Solid waste processing/resource recovery facilities are also subject to regulation by the Maryland Department of the Environment under COMAR 26.04.07.)
SOLID WASTE TRANSFER STATIONS
A place or facility where solid waste materials are taken from one collection vehicle (e.g., compactor trucks) and placed in another transportation unit (e.g., tractor-trailer, railroad car) for movement to other solid waste acceptance facilities. A solid waste transfer station may be associated with a solid waste processing/resource recovery facility. For the purposes of this Part 4, solid waste collection and recycling collection centers are not considered solid waste transfer stations. (Solid waste transfer stations are also subject to regulation by the Maryland Department of the Environment under COMAR 26.04.07.)
SPECIAL EXCEPTION
A land use that is subject to Board of Appeals review and approval.
STATE
Includes the Maryland Department of the Environment, the County Health Department and the State Health Officer for Allegany County.
STORMWATER MANAGEMENT CODE
Part 3, Stormwater Management, as adopted and amended.
STREETS
A way for vehicular traffic whether designated as a street or highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. A public street is one that has been dedicated to public use. A publicly maintained street is one that has been accepted for maintenance by the County or other governmental agency.
(a) 
PRINCIPAL ARTERIALS
[1] 
Serve interstate and intrastate travel.
[2] 
Serve as major truck routes.
[3] 
Have fully controlled limited access.
[4] 
Connect Allegany County with major population centers (greater than 50,000).
(b) 
MAJOR ARTERIALS
[1] 
Serve interstate and intrastate travel.
[2] 
Serve as truck routes.
[3] 
Partially controlled access.
[4] 
Connect population centers within Allegany County and smaller population centers (less than 50,000) outside the County.
(c) 
MINOR ARTERIALS
[1] 
Serve intracounty travel.
[2] 
Connect principal and major arterials, particularly in urbanized areas.
[3] 
Partially controlled access.
[4] 
Connect small population centers with major towns inside the County.
(d) 
LOCAL STREETS
[1] 
Serve intracounty travel in the urban areas of the County.
[2] 
Access controlled by lot width of the permitted use.
[3] 
Includes connector and collector streets.
(e) 
OTHER NONURBAN ROUTES
[1] 
Serve intracounty travel outside the urban areas of the County.
[2] 
Serve agricultural uses, forests, parks and isolated residences.
(f) 
COAL-HAUL ROADSConnect coal mine preparation plants and other mining uses with arterial state highways.
(g) 
INDUSTRIAL PARK ACCESS ROADS
[1] 
Connect County industrial parks with arterial state highways.
[2] 
Generally designed as loop roads.
(h) 
INTERNAL STREETS
[1] 
A system of roads, streets or parking areas within a planned development designed to serve that development and connected to a publicly maintained road or street.
[2] 
Responsibility for maintenance of internal streets remains with the developer or his assigns.
STRUCTURE
Includes buildings, public utilities structures and other freestanding man-made structures anchored to or sitting upon the earth.
SUBDIVISION REGULATIONS
Part 1, Subdivision Regulations, as adopted or amended.
SUBSURFACE MINERAL EXTRACTION
Deep mining for coal and other minerals, drilling for oil and gas and other minerals.
SURFACE MINING
Includes strip mining of coal, quarrying of stone, sand and gravel pits, borrow areas and the like; includes accessory structures related to the mining use.
TIMBER OPERATION
Removal of woody plants involving grading; requires compliance with grading requirements in Part 2, Sediment and Erosion Control, of this chapter; does not include the removal of woody plants in conjunction with site preparation for other permitted uses.
TOWNHOUSE
A self-contained unit forming one of a series of at least three attached single-family dwellings on individual lots or a common lot separated from one another by a common wall without doors, windows or other provisions for human passage through such walls.
TRAVEL TRAILER
A vehicle primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
TRUCK
As used in the definition, the term "truck" does not include any vehicle whose maximum gross vehicle weight (gvw) is 10,000 pounds or less, as rated by the Maryland Motor Vehicle Administration.
TRUCK REPAIR FACILITY
A facility other than a truck stop or terminal facility, including a truck yard (the primary purpose of which is to accommodate the parking or storage of trucks truck trailers awaiting repair or maintenance).
TRUCK STOP
A structure or land used or intended to be used primarily for the sale of fuel for trucks and, usually, incidental service or repair of trucks; or a group of facilities consisting of such a use and providing public facilities for eating, sleeping or truck parking.
TRUCK TERMINAL
A structure or land used or intended to be used primarily to accommodate the transfer of goods or chattels from trucks or truck trailers to other trucks or truck trailers or to vehicles of other types, in order to facilitate the transportation of such goods or chattels; or for truck or truck trailer storage. A truck terminal may include, as incidental uses only, sleeping quarters and other facilities for trucking personnel, facilities for the service or repair of vehicles, or necessary space for the transitory storage of goods or chattels. The term "trucking facilities" includes facilities for the storage of freight-shipping containers. Land used for the parking, storage or repair of trucks used as an accessory to a lawful business or industrial use of the land that such parking or storage area forms a part of shall not be considered a trucking facility within the meaning of this definition.
VEGETATIVE BUFFER
A vegetated area designated to protect a stream or other feature from impervious surfaces. Vegetation may include any type of vegetation, including grass.
VEHICLE TOWING AND STORAGE FACILITY
A lot or parcel arranged and dedicated to the purposes of conducting towing services for automobiles and other vehicles and/or commercial storage of vehicles and unmotorized conveyances. The use may also include an impound yard. Authorized use does not include the dismantling and/or salvaging activities or the storage of parts, scrap metal, etc. The use may also be accessory to existing auto sales, lots, auto repair shops, service stations, truck stops, and truck terminals.
WATER SYSTEM
Includes community and major systems as defined by COMAR 26.04.03.
ZONING VARIANCE
A change of density, bulk or area requirements, with respect to the location of a building or a use on a lot of record, where the physical or natural character of the lot would otherwise preclude the use of the lot.
[2]
Editor's Note: See § 5-403 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland.
[3]
Editor's Note: See Ch. 255, Building Construction.
(2) 
Wind energy definitions are as follows.
AGRICULTURAL WIND ENERGY DEVICE
A single wind energy device situated in an agricultural setting that is designed and intended to utilize wind power to generate electricity or, in the case of certain agricultural applications, to power equipment or machinery, such as pumps, gears, wheels, mills, or similar mechanical devices incidental to farming. Energy produced by such devices is primarily intended for the use of the individual landowner upon whose property the device is situated.
DOMESTIC WIND ENERGY DEVICE
A single wind energy device situated in a residential setting that is designed and intended to utilize wind power to generate electricity primarily for the use and/or benefit of the individual landowner upon whose property the device is situated.
INDUSTRIAL WIND ENERGY CONVERSION SYSTEMS (IWECS)
An aggregation of parts, including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, i.e., wind charger, windmill or wind turbine. The energy produced by such systems is intended for sale to large-scale energy providers through the electrical grid system.
INDUSTRIAL WIND FARM
(also referred to as "ARRAY.") Area arranged and dedicated to the construction and maintenance of more than one wind energy conversion system. The energy produced by such systems is intended for sale to large-scale energy providers through the grid system.
WIND ENERGY DEVICE
A wind energy conversion device (usually a turbine) that produces electricity. Turbines are typically manufactured as horizontal axis or vertical axis. Wind energy devices can be classified as industrial, agricultural, or domestic. See "industrial wind energy conversion systems," "agricultural wind energy device," and "domestic wind energy conversion systems."
WIND TURBINE
See "wind energy device."
C. 
Word usage.
(1) 
The words "shall" and "will" are always mandatory, and the words "may" and "should" are permissive.
(2) 
The word "includes" does not limit a term to the specified examples but is intended to extend the term's meaning to all other instances or circumstances of like kind or character.
(3) 
The word "person" includes an individual, a corporation, a partnership and incorporated association or any similar entity.
(4) 
The phrase "used for" includes the following meanings: arranged for, intended for, designed for or maintained for.
(5) 
Words used in the present tense include the future tense, the singular includes the plural, the masculine includes the feminine and neuter genders.
(6) 
The word "County" means the Board of County Commissioners of Allegany County, Maryland, or any official designated by the County Commissioners to administer and enforce this Part 4. The word "state" means the State of Maryland.
(7) 
The terms "Board of County Commissioners," "Board of Appeals," "Land Development Services," "Health Department," "Planning Commission," "Planning Department," "Public Works Department" and "Soil Conservation District" mean the respective boards, commissions, departments and officers of Allegany County.
A. 
The County Zoning District Map, prepared in association with this Part 4, is a part of this chapter, and a copy is recorded with the Clerk of the Court. The Zoning District Map also appears on the current copy of the County Tax Maps in the County Zoning office.
B. 
For the purposes of this Part 4, the following districts are established:
(1) 
Urban districts:
R-1
Residential 1
R-2
Residential 2
B-1
Neighborhood Commercial
B-2
Major Commercial
I
Industrial
GU
General Urban
(2) 
Nonurban districts:
A
Agriculture, Forestry and Mining
C
Conservation
(3) 
LaVale Overlay District.
C. 
Urban districts.
(1) 
Urban districts are designed to accommodate various forms of urban development, including residential, commercial, mixed-use, industrial, institutional and recreational uses. In addition, major subdivisions, minor subdivisions and planned developments, including mobile home parks, industrial parks, shopping centers, and neighborhood convenience centers are to be accommodated in the urban districts.
(2) 
In general, urban districts include land already developed for the purposes listed above and include adjacent lands where development is projected to occur in the Allegany County Comprehensive Plan.
D. 
Nonurban districts.
(1) 
Nonurban districts are designed to accommodate a number of nonurban land uses, including agriculture, forestry, mining, extractive industries, wildlife habitat, outdoor recreation and communication, transmission and transportation services, as well as to protect floodplain areas, steep slope areas, designated wetlands and habitat areas and public supply watersheds from intense urban development.
(2) 
Single-family dwellings and mobile homes in minor subdivisions will also be allowed on individual lots in nonurban districts. Planned residential developments, campgrounds and resorts may be allowed as special exceptions in nonurban districts, provided that the requirements for major subdivisions are met.
E. 
LaVale Overlay District. The LaVale Overlay District is designed to recognize the unique characteristics of the LaVale area which was previously subject to the LaVale Zoning Ordinance which is hereby repealed per § 360-74 of this code. The purpose of the LaVale Overlay District is to supplement the regulations of the underlying zoning districts. For the purposes of this code, certain uses that may otherwise be permitted or prohibited in the underlying zoning districts described above, are prohibited or permitted in the LaVale Overlay District (See Table 1, Permissible Uses.[1] In all other respects, the requirements of the base zoning districts apply to the LaVale Overlay District.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
In transferring zoning district boundaries from the zoning district and tax maps to actual sites in the field, the following criteria are to be followed:
A. 
Zoning district lines which appear to be drawn on streets or highways are intended to follow the center line of these streets or highways.
B. 
In cases where road and highway rights-of-way are exceptionally wide, zoning district boundaries may follow the right-of-way line of the highway.
C. 
Where zoning district lines appear to follow streams or drainage channels, the lines are intended to follow the center line of these streams or drainage channels.
D. 
Where zoning district boundaries follow power lines, gas lines, railroad tracks or other rights-of-way, they are also designed to follow the center lines of such rights-of-way.
E. 
Where zoning district lines are shown to follow property lines, they do in fact follow the property lines as laid out in the field, even when those property lines are in a different location than shown on the maps.
F. 
Where zoning district lines do not follow any of the above-named natural or man-made boundaries, the distance from a nearby man-made or natural boundary will be spelled out on the County Tax Map copies of the Zoning Map.
G. 
Where a lot or parcel less than two acres in size is split by a zoning district boundary or a municipal boundary, the use will conform to the district containing more than 50% of the total area. Where buildings are split by a zoning district boundary or a municipal boundary, the same 50% rule shall apply.
A. 
Uses subject to explicit federal or state control are exempt from this Part 4.
B. 
This Part 4 shall not apply to public utilities structures or essential services as defined in § 360-59. This does not exempt these services from the provisions of Part 2, Sediment and Erosion Control, Part 3, Stormwater Management, or Chapter 325, Floodplain Management.
C. 
No building permit is needed when new construction or enlargement of a building does not exceed 100 square feet, unless the construction involves sanitary facilities or impacts a septic area or well. However, all setbacks must be met for the particular use.
A. 
A modification of the zoning regulations is permissible where special physical conditions of the lot or parcel, not the result of actions of the applicant, would make strict enforcement of the regulations unreasonable.
B. 
The County may decide the following modification requests after making an on-site investigation and consulting with other appropriate agencies:
(1) 
A modification of 50% or less in lot size or width for lots created prior to March 3, 1972. Lots must meet the minimum size requirements of Maryland COMAR 26.04.03, which is administered by the state.
(2) 
A modification of 75% or less in side yard or rear yard setbacks for lots created prior to March 3, 1972. This includes setbacks from alleys.
(3) 
A modification of 50% or less in front yard setbacks for lots created prior to March 3, 1972. Where lots front on a state highway, the State Highway Administration (SHA) may vary the setback per SHA requirements. The setback building line, on a corner lot created prior to March 3, 1972, shall be in accordance with the provisions governing the road or street on which the building faces. If possible, the side yard clearance on the side street should conform to the setback line for other lots on said road or street, but in no event shall said side yard clearance be less than 25 feet from the center line of the street or 12 1/2 feet from the edge of the right-of-way.
(4) 
A modification of 25% or less in building height or sign height.
(5) 
A modification of 75% or less in the setback for residential accessory structures from the principal structure, other accessory structures or from the side or rear lot lines including alleys. Accessory structures less than 100 square feet in size need not meet a setback from other accessory structures. All structures must conform to applicable building code setbacks.
(6) 
A modification of 50% or less in the setback from drainage channel center lines or wetlands with the approval of the Soil Conservation District and the Maryland Department of the Environment, Water Management Administration.
(7) 
A modification of 25% or less to off-street parking standards.
C. 
All other modifications must be heard by the Board of Appeals as a zoning variance to the terms of this Part 4. The term "variance" is not intended to be associated with the financial or physical condition of the applicant.
In accordance with the Land Use Article of the Annotated Code of Maryland, there shall be a Planning Commission consisting of five members, all of whom shall be residents of Allegany County and shall be qualified by knowledge and experience in matters pertaining to the development of the County. Members of the Planning Commission shall be appointed by the County Commissioners. Members shall be appointed for terms of five years or until their successors are appointed and qualified. The respective terms of the members shall be on a staggered basis. Vacancies shall be filled by appointment by the County Commissioners for the unexpired term only. Members of the Commission may receive such compensation as deemed appropriate and shall be reimbursed for all necessary and reasonable expenses actually incurred in the performance of their official duties.
A. 
The Planning Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action on all complete applications in an expeditious manner. This shall entail at least one regular meeting each month.
B. 
Meetings of the Planning Commission shall be conducted in accordance with Roberts Rules of Order. Staff from the Department of Community Services shall be present during all deliberations by the Planning Commission and shall answer such questions and render such advice and assistance as may be appropriate to the action being taken, but such staff shall not participate in the decision of the Commission beyond the submitting of a staff recommendation as to the action proposed to be taken in each case. The Commission may establish such other rules of procedure as deemed necessary, consistent with this code.
C. 
Minutes shall be kept of all Planning Commission proceedings.
D. 
All Planning Commission meetings shall be open to the public, and the tentative agenda for each commission meeting shall be made available in advance of the meeting in accordance with § 3-305 of the General Provisions Article of the Annotated Code of Maryland.
A. 
A quorum for the Planning Commission shall consist of a majority of the Commission membership (excluding vacant seats). A quorum is necessary for the Commission to take official action.
B. 
All actions of the Planning Commission shall be taken by majority vote, a quorum being present.
C. 
A roll call vote shall be taken upon the request of any member.
A. 
The Planning Commission shall elect, by the 31st of January each year, a chairperson and vice chairperson who shall serve for one year. If the Planning Commission fails to elect a chairperson by the 31st of January each year, the County Commissioners will appoint a chairperson.
B. 
The chairperson and vice chairperson may take part in all deliberations and vote on all issues.
A. 
The Planning Commission shall have the following powers and duties:
(1) 
Review, evaluate, and approve or disapprove plans for subdivisions and site plans in accordance with this code and the Allegany County subdivision regulations.
(2) 
Review and make recommendations to the County Commissioners regarding:
(a) 
Proposed changes or amendments to the County Comprehensive Plan.
(b) 
Proposed amendments to the County Zoning Code and rezonings.
(c) 
Proposed designation of historic sites or districts.
(d) 
Proposed changes or amendments to the County Subdivision Regulations.
(e) 
Proposed changes in land use or development arising from state or federal programs or policies.
(f) 
Proposed amendments to the County Forest Conservation Regulations.
(3) 
Make recommendations to the Board of Appeals regarding applications for special exceptions.
B. 
The Planning Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this code.
The County Commissioners may remove a member of the Planning Commission in accordance with § 2-102 of the Land Use Article of the Annotated Code of Maryland.
Except as otherwise specifically provided, primary responsibility for administering and enforcing this code shall be the County Zoning Administrator as designated by the County Commissioners. The administrator may assign responsibility to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this Code as the "Zoning Administrator" or "Administrator." The term "staff" is sometimes used interchangeably with the term "administrator."
A. 
General. This Part 4, in whole or in part, may be amended and changed, supplanted or repealed by the Allegany County Commissioners. Amendments may be of three kinds:
(1) 
Amendments to the text of this Part 4.
(2) 
Amendments to the zoning district maps (rezoning).
(3) 
Comprehensive updates or amendments to either Part 4 or to the zoning district maps.
B. 
Procedure for text amendments and Zoning Map amendments. The procedure for first two types of amendments is as follows:
(1) 
Any person or group, landowner, developer, the Planning Commission or the Board of County Commissioners may initiate the amendment process for text changes.
(2) 
Any person may initiate the rezoning process for his own property or provide written permission from another party to initiate the rezoning process for that property.
(3) 
The Planning Commission shall hold a public hearing on any proposed amendment. At least 15 days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the County.
(4) 
In the case of a map amendment, at least five days prior to its hearing, the County shall notify all property owners adjoining the property to be rezoned, including the owners of property separated by roads, railroads or other rights-of-way. Property owners shall be identified from the current Tax Map. The County shall require the applicant to post a County rezoning notice sign on the property to be rezoned at least five days prior to the Planning Commission hearing.
(5) 
The Planning Commission shall make its recommendation to the Board of County Commissioners within 30 days after the public hearing.
(6) 
The Board of County Commissioners shall hold a public hearing on the proposed amendment within 60 days of receipt of the Planning Commission's recommendation. Prior to the public hearing, a public notice stating the time and place of the public hearing, together with a summary of the proposed regulation or boundary, shall be published in a newspaper of general circulation in the County once each week for two consecutive weeks. The first notice shall be published at least 15 days before the hearing.
(7) 
The Board of County Commissioners will confirm, deny or alter the recommendation of the Planning Commission within 30 days after the County Commissioners' public hearing.
(8) 
Where the purpose and effect of the proposed amendment classification is to change the zoning classification, the Board of County Commissioners shall make findings of fact in each specific case as required by the Land Use Article of the Annotated Code of Maryland. A complete record of hearing and the votes of all members of the Board of County Commissioners shall be kept.
(9) 
Restriction upon acceptance of application for reclassification. An application for a reclassification shall not be accepted for filing by the County if the application is for the reclassification of the whole or any part of land, the reclassification of which has been denied by the Board of County Commissioners within 12 months from the date of the Board of County Commissioners' decision.
C. 
Procedure for comprehensive updates or amendments.
(1) 
The comprehensive update procedure may be initiated by either the County Commissioners or the Planning Commission in the following instances:
(a) 
Following an update to the Comprehensive Plan.
(b) 
Following an annual review of the County Zoning Code and Map at the end of each fiscal year.
(2) 
The comprehensive update procedure will follow Subsection B(3), (5), (6) and (7).
Fees to partially cover the cost of considering permit applications, examining site plans, conducting inspections, issuing permits and holding Board of Appeals hearings and rezoning hearings shall be collected at the time of application in accordance with such schedule of charges as may be adopted by the County Commissioners and amended from time to time. Permit applications shall not be processed until fees are paid.
Violations of this Part 4 shall be punishable as provided in § 360-140, Administration and enforcement.
The Allegany County Zoning Code, effective January 13, 1997, and all amendments, as well as Ordinance No. 1 of La Vale Zoning Board, adopted January 1, 1998, and all amendments, are repealed as of the effective date of this Part 4.