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Allegany County, MD
 
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Table of Contents
Table of Contents
The following requirements apply to all permitted uses:
A. 
Buildable lots:
(1) 
Setback and size requirements. All lots must have a site which meets yard and setback requirements from property lines as shown in §§ 360-125, 360-126 and 360-127.
(2) 
Frontage and access. All lots must have frontage on a publicly dedicated right-of-way for a distance equal to the minimum lot width for a particular use. The lot must also have direct vehicular access to the right-of-way.
(3) 
Slope requirements. All lots must have a buildable site in an area with a slope having a grade less than 25%. Any cuts or fills must meet the slope requirements set forth in Part 2, Sediment and Erosion Control.
(4) 
Stream setback. All lots must have a buildable site which is at least 25 feet from the center line of any stream or drainageway, including wet-weather streams. In the event that the stream basin is greater than 400 acres in size above the proposed site, the setback is 50 feet from the top of the streambank. A vegetative buffer is to be maintained within the setback distance.
(5) 
Designated wetlands and designated habitats for threatened and endangered species. In those instances where the State of Maryland has designated wetland or habitat areas for protection, the lot must have a buildable site at least 25 feet beyond the designated area. In lieu of this setback, the applicant may develop mitigation measures as approved by the state.
B. 
Building across lot lines. Where several adjacent lots are under common ownership, a building may not be placed across lot lines unless the deed(s) for the property are modified to indicate that the lots are combined into one parcel. This includes parcels which have been added to adjacent property under the lot-split process as set forth in § 360-12 of Part 1, Subdivision Regulations.
C. 
Construction sites. Any foundation, borrow pit, sediment pond or other construction site must be adequately protected from access by the general public. The County may require fencing or other measures to gain this protection.
D. 
Standards for planned developments.
(1) 
In addition to site plan and general development standards, any planned development must have at least a fifty-foot frontage on a publicly maintained road or street with access via a commercial entrance. Industrial parks must have at least a sixty-foot frontage on a publicly maintained road or street with access via a commercial entrance.
(2) 
Interior roads must provide access to each unit or parcel and are the responsibility of the developer or his assigns for maintenance.
(3) 
Water and sewer service must be provided to each unit or parcel from a common system. If one or the other is not available, the state may allow either individual wells or septic systems, provided that each unit within the planned development is attached to the available system and provided that lot sizes are adequate to support individual systems. The state may require testing of nearby existing wells or springs in an aquifer to decide the adequacy of proposed wells in a planned development.
(4) 
Each planned development must have a fifty-foot screening buffer on the side and rear lot lines except for commercial or industrial uses adjoining same use on interior lots within the B-2 or I Districts.
(5) 
In planned residential developments, a percentage of the total development area is to be set aside for recreational use as noted in § 360-25 of Part 1, Subdivision Regulations.
(6) 
In planned residential developments in A and C Districts, commercial uses shall comprise no less than 20% and no more than 50% of the total development area.
The following additional requirements are to be applied to commercial, industrial or institutional uses permitted on individual lots or in shopping centers, neighborhood convenience centers or industrial parks or other planned developments.
A. 
All permitted uses must be on a lot which fronts on a County- or state-maintained road or street or on an internal street maintained by the developer. Any internal street must have direct access to a County- or state-maintained road or street.
B. 
Access to any County- or state-maintained road or street must be constructed to commercial entrance standards.
C. 
Parking space must be provided in conformance with § 360-139.
D. 
Water and sewer service must meet State of Maryland standards under COMAR 26.04.03 and 26.04.04.
E. 
Although bars, taverns, saloons, nightclubs and dance halls are not permitted in the B-1 or GU Districts, this Part 4 does not preclude the sale of alcoholic beverages in commercial establishments permitted in those districts, nor does it preclude the sale of alcoholic beverages at public or private recreational areas, so long as such sale is regulated by the County Liquor Control Board.
A. 
All signs except billboards and directional signs shall be located on the lot where the business or other function is operated. Noncommercial welcoming signs placed at the entrance to communities may be located in any zoning district, but must meet setback requirements for on-site signs according to § 360-128.
B. 
All on-site and directional signs for commercial, industrial, institutional, farming or other purposes shall meet setbacks as shown in § 360-128 and shall meet maximum height requirements according to the use as shown in § 360-126 except as provided in § 360-137C.
C. 
Commercial on-site signs may be constructed up to 72.5 feet in height in the B-1, B-2, GU and I Districts, provided they are located within 2,000 feet of the centerlines of the eastbound and westbound drive lanes of Interstate 68. A modification per § 360-63B(4) is not applicable to this sign height of 72.5.
D. 
Residences may have temporary "for sale" or "for rent" signs no larger than six square feet in area. Home occupation signs of the same size are allowed only on the lot where a particular home occupation has been permitted.
E. 
No flashing lighted signs shall be permitted.
F. 
All lighting shall be shielded and focused on the site with which it is associated to prevent nuisance to neighbors or passing motorists.
G. 
Planned developments, including shopping centers, industrial parks, mobile home parks, multifamily housing or other residential areas, may have an identification sign at each entrance.
H. 
Billboard signs shall meet height requirements for major commercial use according to § 360-126 and shall meet side and rear setback requirements according to § 360-128. Billboard signs shall meet State Highway Administration standards and be subject to a certified plan of survey.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
I. 
Commercial directional signs may be allowed in any district except the R-1 District. Such signs are to be no more than 25 square feet in surface area and must specify directions from the site location to the business location and meet State Highway Administration standards, if applicable.
J. 
Electioneering signs are not subject to this Part 4.
K. 
All electronic variable message signs must maintain a static display for a duration no less than eight seconds. Transitions between static messages may not last more than two seconds.
A. 
The disturbed surface area of any surface extractive industry must be at least 300 feet from any residence, unless the owner of the residence provides written permission for surface mining within that distance.
B. 
Any subsurface extraction entrance and associated structures must be at least 300 feet from R-1 District boundaries, R-2 District boundaries and from any residence in any other district.
C. 
Tipples, storage areas, wash plants and other preparation areas may not be within 500 feet of any residence, unless the property owner has provided written permission.
D. 
All extractive industry uses or associated storage or preparatory sites must meet commercial entrance standards for County road entrances. Responsibility for maintaining such entrances will remain with the operator or his successor.
E. 
Surface structures related to subsurface mining are prohibited in the R-1 and R-2 Districts.
F. 
During Board of Appeals hearings for extractive industries, the chairman shall make a statement at the beginning of each case that additional criteria and standards are administered by the State of Maryland and that citizens are encouraged to attend the state hearings, particularly with respect to water quantity and quality, blasting and other related items which are beyond the County's and the Board of Appeals' technical expertise. Following the Board of Appeals hearing, the Board shall relay all concerns on any particular extractive industry case to the state, in writing.
G. 
Criteria and standards for quarries are also administered by the State of Maryland and any concerns related to groundwater, watersheds, blasting, surface water runoff, noise pollution and other items as related to quarries are to be referred to that agency.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
A. 
General requirements.
(1) 
Each parking space shall be no smaller than nine feet by 18 feet and be accessible to an aisleway, alley or street.
(2) 
Aisleways between parking spaces are to be at least 20 feet in width.
(3) 
All parking spaces are to maintain a five-foot-wide setback from streets, alleys or other rights-of-way.
(4) 
Handicapped accessible parking shall be in conformance with the Maryland Accessibility Code and the Americans with Disabilities Act.
B. 
Minimum spaces required. Parking for employees, customers and/or visitors shall be provided in accordance with Table 5, Parking Requirements. All fractions of spaces shall be rounded up to the next whole integer. If a specific use is not listed, the Zoning Administrator shall have the right to determine the required off-street parking requirements, based on the most similar use(s) listed.
Table 5
Parking Requirements
Land Use
Parking Required
Residential
Single-family dwelling unit
2 spaces per unit
Duplex
2 spaces per unit
Townhouse
2 spaces per unit
Multifamily (includes condominiums, apartments, dormitories)
1 space per unit; additional 1/2 space per bedroom
Nonresidential Loading/Unloading
All nonresidential occupancies
1 loading/unloading space per every 10,000 square feet of GFA; minimum 1 space
Commercial
Auto sales
1 space per 500 square feet of GFA, plus 1 space per each employee at peak shift
Auto service
2 spaces per service bay, plus 1 space per employee at peak shift
Banks/financial institutions
1 space per 400 square feet of GFA, plus 1 space per each employee at peak shift
Bed and breakfasts
2 spaces per the primary dwelling, plus 1 space for each guest room
Hotels/motels
1 space per guest room or suite, plus 1 space per each employee at peak shift
Kennels, commercial (including grooming services)
Minimum 5 spaces up to 50 kennel units; plus 1 space per 10 additional kennel units
Medical and dental centers/offices/clinics/pharmacy (including out-patient facilities but excluding hospitals)
1 space per 200 square feet of GFA
Professional and office buildings (excluding medical and dental)
1 space per 300 square feet of GFA
Retail sales
1 space per 200 square feet of customer floor space (excluding preparation/storage area)
Restaurants and bars
1 space per 100 square feet of GFA
Veterinary clinics/hospitals
1 space per 300 square feet of GFA
Industrial/Manufacturing
Manufacturing/industrial plants
1/2 space per each employee at peak shift, plus 1 space per each vehicle used in the business
Warehouses or wholesale establishments
1/2 space per each employee at peak shift, plus 1 space per each vehicle used in the business
Institutional
Ambulance/rescue companies and fire stations
2 spaces per each piece of vehicular equipment; 10 spaces minimum
Assisted living facilities, nursing homes
1 space per 3 patient beds, plus 1 space per employee at peak shift
Churches/places of worship
1 space per 5 seats provided in the main religious assembly auditorium
Community centers
1 space per 400 square feet of GFA
Comprehensive care facilities
1 space per active adult dwelling unit, plus spaces for assisted living facilities as shown in this table
Day-care centers/nursery schools
1 space per each employee, plus 1 space per 5 students at capacity
Funeral homes
1 space per 25 square feet of funeral service room(s) floor area; 20 spaces minimum
Hospitals
1/2 space per bed, plus 1 space per employee on peak shift
Recreation/Amusement/Entertainment
Banquet halls/exhibition halls/assembly halls
1 space per 50 square feet of GFA
Bowling alleys
3 spaces per lane
Campgrounds
1 space per campsite/cottage, plus one space per 500 square feet of office space
Golf courses
4 spaces per hole
Theaters/auditoriums/arenas/stadiums
1 space per 3 persons at capacity
GFA = Gross Floor Area
C. 
Bicycle parking. Multifamily, commercial, industrial and institutional buildings shall provide bicycle parking facilities when adjacent to designated bicycle trails, greenways or connecting routes to such facilities as determined by County staff.