This chapter shall be known and may be cited
as the "Zoning Ordinance of the City of Westminster, Maryland." It
is referred to in this chapter as the "Zoning Ordinance" or "this
chapter."
A.
Purpose of chapter.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
A.
ACCESS
ACCESSORY BUILDING
ACCESSORY USE
ADULT ENTERTAINMENT ACTIVITY
(1)
(2)
(3)
(4)
AGRICULTURE or AGRICULTURAL PURPOSES
AIRPORT (including "airpark" and "airfield")
ALLEY
AMUSEMENT CENTER
ARTIST LIVE/WORK SPACE
ART STUDIO
BASEMENT
BOARD
BOARDING (LODGING) OR ROOMING HOUSES
BUILDING
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING, MAIN
CANNABIS BUSINESS
CARE HOMES
CELLAR
CITY
COFFEE HOUSE
COMMISSION
COMPREHENSIVE DEVELOPMENT PLAN
CONSTRUCTION STARTED
CONSUMER
DAY-CARE FACILITY
DEVELOPER
DEVELOPMENT
DISPENSARY
DWELLING
(1)
(2)
(a)
(b)
(c)
(d)
(e)
DWELLING, CONVERSION
DWELLING, MULTIPLE-FAMILY
DWELLING, MULTIPLE-FAMILY HOUSING FOR OLDER PERSONS
(1)
(2)
(3)
(a)
(b)
(c)
DWELLING, SINGLE-FAMILY ATTACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, SINGLE-FAMILY SEMIDETACHED
DWELLING UNIT
EXPLOSIVE
EXTRACTIVE OPERATIONS
FAMILY
FARM
FINAL PLAT
FLOODPLAIN
FRONT YARD
GARAGE
(1)
(2)
(3)
GROWER
HEALTH DEPARTMENT
HOME OCCUPATION
HOSPITAL
ILLUMINATED ELECTRONIC DISPLAY
INCUBATOR SPACE
JUNKYARD
KENNEL
LANDSCAPING
LOT
(1)
(2)
LOT, CORNER
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT MEASUREMENTS
(1)
(2)
LOT OF RECORD
(MICRO) WIRELESS COMMUNICATION ANTENNA ARRAY
MINOR SUBDIVISION
MOBILE HOME
MONOPOLE
NONCONFORMING USE
NURSING HOME
(1)
(2)
(3)
OFFICE, PROFESSIONAL, BUSINESS-NONRESIDENTIAL
OFFICE, PROFESSIONAL, RESIDENTIAL
OPEN SPACE
OPEN SPACE, ENVIRONMENTAL
OPEN SPACE, RECREATIONAL
PERSON
PLANNED BUSINESS CENTER
PLANNING DIRECTOR
PRIVATE INDOOR RECREATIONAL FACILITIES
PROCESSOR
RANGE, INDOOR SHOOTING
REAR YARD
RETIREMENT HOMES/CARE HOMES
RIDING STABLE
SANITARY FILL
SATELLITE AUTOMOBILE STORAGE LOT
SATELLITE TELEVISION ANTENNA
SCHOOL SITE
SELF-SERVICE STORAGE FACILITIES
SERVICE STATION
SETBACK
SIDE YARD
SIGN
SIGN, BUSINESS
SIGN, OUTDOOR ADVERTISING
SIGN, VARIABLE ELECTRONIC MESSAGE (VEMS)
SOLAR COLLECTOR, ROOF-MOUNTED (PHOTOVOLTAIC AND HOT WATER)
SOLAR FACILITY, ROOF-MOUNTED
STORY
STORY, GROUND
STORY, HALF
STREET
STREET LINE
STREET, MAJOR
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVIDER
SUBDIVISION
SUBDIVISION, RESIDENTIAL CLUSTER
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS INSTALLATION
TEMPORARY USE
TOURIST HOMES (BED/BREAKFAST)
TOWER
VARIANCE
WASTEWATER TREATMENT PLANT
YARD
ZONING CERTIFICATE
For the purpose of this chapter, certain words and
phrases used herein are defined as follows:
A means of approach or admission.
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.
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;
Any building, room, place or establishment which
provides topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers; or
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.
A place where aircraft may take off and land, discharge cargo
or passengers, be repaired, take on fuel or be stored.
A right-of-way which provides a secondary means of access
to abutting lots and is not intended for general traffic circulation.
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.
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]
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]
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.
The Board of Zoning Appeals of the City of Westminster.
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]
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.
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.
The line established by law beyond which a building shall
not extend as determined by front, side and rear yards herein.
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.
A business licensed or registered by the division administration
to operate in the cannabis industry.
[Added 7-10-2023 by Ord. No. 2023-05]
See "retirement homes/care homes."
[Added 9-24-2001 by Ord. No. 672]
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.
The City of Westminster.
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]
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 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.
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]
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.
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.
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure.
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]
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]
A dwelling shall contain the following minimum
actual square feet of living space, excluding common areas:
Efficiency unit, single-room living area, consisting
of kitchen, bathroom and a combination living room, dining space and
bedroom: 400 square feet.
One-bedroom unit: 500 square feet.
Two-bedroom unit: 600 square feet.
Three-bedroom unit: 700 square feet.
In the event of rehabilitation or conversion
of existing structures, a ten-percent reduction may be allowed.
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.
[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
Intended and operated for occupancy by persons
55 years of age or older and:
At least 80% of the occupied units are occupied
by at least one person who is 55 years of age or older;
The housing facility or community publishes
and adheres to policies and procedures that demonstrate the intent
required under 42 U.S.C. § 3607; and
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.
A building designed or used exclusively for residential purposes
by one family or one dwelling unit and not attached to any other dwelling
units.
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.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes.
Any chemical compound, mixture or device, the primary or
common purpose of which is to create explosions.
The extracting or mining of sand, gravel, limestone, soapstone
or building stone.
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.
A parcel of land or lot used for agricultural purposes which
is intended to provide a source of income for the occupant or owner.
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.
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.
[Amended 8-10-1998 by Ord. No. 629]
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.
An entity licensed by the state that:
[Added 7-10-2023 by Ord. No. 2023-05]
The Maryland State Department of Health and Mental Hygiene.
Any occupation or profession carried on by a member of the
immediate family residing on the premises, provided that:
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]]
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]
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.
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.
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.
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.
A lot abutting on two or more streets at their intersection,
where the interior angle of the intersection does not exceed 135º.
Any lot, including a through lot other than a corner lot.
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.
The lot line most distant and most nearly parallel to the
front lot line.
Any lot line other than a front or rear lot line.
DEPTHThe average horizontal distance between the front lot line and the rear lot line.
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.
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]
A subdivision of fewer than three lots.
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.
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]
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.
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.
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]
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.
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.
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.
Common open space provided and deemed necessary and desirable
for active, recreational purposes.
Any individual, corporation, association, firm or partnership
or any governmental agency, except the City, or the like, singular
or plural.
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]
The Planning Director of the City of Westminster.
[Amended 1-28-2008 by Ord. No. 774]
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]
An entity licensed by the state that:
[Added 7-10-2023 by Ord. No. 2023-05]
An enclosed building where the discharge of projectile weaponry
such as a rifle, pistol and archery is practiced, which may include,
as accessory thereto, the sale, on-site rental and/or repair of firearms,
ammunition, archery equipment and the like in accordance with and
subject to all applicable laws, ordinance and regulation.
[Added 2-27-1995 by Ord. No. 594]
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
Specifically designed multi-dwelling-unit buildings consisting
of dwelling units to which occupancy is restricted to housing for
older persons or handicapped persons and organized with a specific
program of adequate supportive services for the particular clientele.
[Amended 9-24-2001 by Ord. No. 672]
Any building or structure used or designed for the boarding,
breeding or care of horses, other than horses used for farming or
agricultural purposes.
Any premises used primarily for disposal by abandonment,
discarding, dumping, reduction, burial, incineration or any other
means and for whatever purpose of garbage, trash, refuse, dead animals,
waste material of any kind, junk, discarded machinery or vehicles
or parts thereof, but not sewage or animal waste.
A lot or portion thereof used for the storage or parking
of new or new and used automobiles by a legally established and existing
automobile sales and service use located within the City of Westminster.
[Added 12-13-2021 by Ord. No. 938]
Any device used or designated for receiving radio or electromagnetic
signals from one or more orbitally based satellites and is external
to or is attached to the exterior of any building.
[Added 10-26-1998 by Ord. No. 631]
A site of at least 30 acres used by a public or private school,
college or university as part of its educational campus.
[Added 3-25-2013 by Ord. No. 842]
Any building or portion thereof containing individual, compartmentalized
and controlled-access units for the storage of personal property by
lease or rent.
Any area of land, including buildings and other structures,
that is used to dispense motor vehicle fuels, oil and accessories
at retail, where minor repair service is incidental and where no storage
or parking space is offered for rent.
The required minimum horizontal distance between the building
line, as defined herein, and the related front, side or rear property
line.
[3]A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard.
A name, identification, description or display illustrating
the form of any letter, word, model, banner, flag, device or representation
which is affixed or represented, directly or indirectly, upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business.
A sign which directs attention to a business or profession
or to a commodity, service or entertainment sold or offered upon the
premises where the sign is located.
A sign structure which directs attention to a business, commodity,
service or entertainment not necessarily conducted, sold or offered
upon the premises where such sign is located.
An illuminated variable message sign that utilizes computer-generated
text or some other electronic means of changing its message and display.
[Added 9-28-2015 by Ord.
No. 860[4]]
Roof-mounted photovoltaic panels used to convert solar radiant
energy into electrical energy or to collect solar radiant energy to
heat water for use on the property, only.
[Added 6-14-2021 by Ord. No. 934]
A series of roof-mounted solar photovoltaic collectors that
are designed to collect solar energy and convert it into electrical
energy to supply power for use on the property and off the property
as a community solar project as that term is defined in the Public
Utilities Article of the Annotated Code of Maryland and may use reverse
or net-metering.
[Added 6-14-2021 by Ord. No. 934]
That portion of a building, other than a cellar as defined
herein, included between the surface of any floor and the surface
of the floor next above it or, if there is no floor above it, the
space between the floor and the ceiling next above it.
The lowest story, ground story or first story of any building,
the floor of which is not more than 3 1/2 feet below the average contact
ground level at the exterior walls of the building, except that any
basement used as a separate dwelling by other than a janitor or caretaker
or his family shall be deemed a ground story or first story.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story; provided, however, that
any partial story used as a separate dwelling, other than for a janitor
or caretaker and his family, shall be deemed a full story.
A private, public or dedicated way or a public proposed right-of-way,
widening or extension of an existing street or public way shown on
any plan approved by the Commission. The word "street" shall also
mean road, highway, boulevard, avenue, lane or court.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. If, on a Master Plan of
streets and highways duly adopted by the Commission, a street is scheduled
for future widening, the proposed right-of-way line shown on the Master
Plan shall be the street line.
A street or highway designated as a major street or expressway
on the Official Major Street Plan of the City of Westminster.
Any change in the structural members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed, the use of which requires a fixed location
on the ground or which is attached to something having such location,
but not including fences, power, gas, water, sewage or communication
lines or poles, towers or pole structures, sidewalks, driveways or
curbs.
An individual, partnership, firm or corporation or agent
therefor that undertakes or participates in the activities covered
by this chapter.
The division or redivision of any lot, tract or parcel of
land into two or more lots, plats, parcels, sites or other divisions
of land, whether for immediate or future sale, lease or building development.
If a new street is involved, subdivision shall mean any division of
a tract or parcel of land. The sale or exchange of parcels of land
between owners of adjoining properties for the purpose of small adjustments
in boundaries shall not be considered a subdivision, provided that
additional lots are not thereby created and that the original lots
are not reduced below the minimum sizes required by this chapter.
An alternate method of subdivision permitted under § 164-197.1 for single-family detached units developed in the R-10,000 Residential and R-20,000 Residential Zones.
[Added 7-9-2001 by Ord. No. 664]
An unstaffed facility established for the purpose of providing wireless voice, data or video transmission within a designated service area consisting of one or more antennas attached to a support structure and related equipment and mounted on a freestanding monopole in accordance with § 164-139.1. Antennas are limited to the following types and dimensions: omnidirectional (whip) antennas not exceeding 15 feet in height and three inches in diameter; directional or panel antennas not exceeding eight feet in height and two feet in width. An antenna may be mounted on a freestanding monopole in accordance with § 164-139.1. A telecommunications facility may include related equipment located within a building, an equipment cabinet or an equipment room within a building. Notwithstanding the foregoing, an antenna or mast subject to 47 CFR 1.4000 shall not be considered a telecommunications facility, but only to the extent the antenna or mast is exempt from local land use law by the provisions of 47 CFR 1.4000.
[Added 10-26-1998 by Ord.
No. 631; amended 3-25-2013 by Ord. No. 842; 9-25-2017 by Ord. No. 869]
An unstaffed installation established for the purpose of providing wireless voice, data video transmission and consisting of one or more antennas and related equipment, attached to or contained on or within a building, where no portion of any antenna or equipment is visible from the public rights-of-way, unless screened pursuant to § 164-131.3. Notwithstanding the foregoing, an antenna or mast subject to 47 CFR 1.4000 shall not be considered a telecommunications installation, but only to the extent the antenna or mast is exempted from local land use law by the provisions of 47 CFR 1.4000.
[Added 9-25-2017 by Ord.
No. 869]
Any use which has been authorized under the provisions of
this chapter which is limited as to the time in which such use shall
legally continue.
A dwelling, occupied as such, in which, for compensation,
rooms and/or meals are offered to transient persons under the management
of the occupants of that dwelling.
A freestanding lattice-type structure, supporting antennas
used for radio, television broadcasting or wireless transmission or
reception.
[Added 10-26-1998 by Ord. No. 631]
A relaxation of the terms of this chapter as to density, bulk or area requirements as provided in § 164-161.
A facility designed and constructed to receive, treat, and
store sewage or sewage combined with other waterborne waste and which
is owned by the state, or a political subdivision or municipal corporation
of this state or owned by another public entity incorporated for the
purpose of treating sewage under the Annotated Code of Maryland, the
Environmental Article, § 9-601 et seq.
[Added 4-24-2017 by Ord.
No. 878]
An open space on the same lot with a building or a group
of buildings lying between the building or outer building of a group
and the nearest lot or street line and open and unoccupied from the
ground up.
A written statement issued by the Zoning Administrator authorizing
buildings, structures or uses in accordance with the provisions of
the Westminster City Code. The statement may also contain requirements
as to any fees, costs or benefit assessments imposed by said Code.
[Amended 11-24-2008 by Ord. No. 792]
[1]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
[2]
Editor's Note: The former definitions of medical cannabis
dispensary, medical cannabis grower, medical cannabis grower facility,
medical cannabis processor and medical cannabis processor facility,
added 10-26-2015 by Ord. No. 859, which immediately followed, were repealed 7-10-2023 by Ord. No. 2023-05.
[3]
Editor’s Note: The definition of “sewage disposal
plant,” which originally followed this definition, was repealed
4-24-2017 by Ord. No. 878. See now the definition of “wastewater
treatment plant.”
[4]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
B.
Word usage. The singular number shall include the
plural, and the plural the singular; the word "structure" shall include
the word "building"; the word "used" shall include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used"; and the word "shall" is mandatory and not directory.
Words used in the present tense include the future tense; the word
"may" is permissive; "now" shall mean at the time of the adoption
of this chapter; "hereinafter" shall mean after the adoption of this
chapter.
A.
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection of health, morals, safety or welfare.
B.
This chapter shall not be deemed to interfere with
or abrogate or annul or otherwise affect in any manner whatsoever
any ordinances, rules, regulations or permits or easements, covenants
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon the height of buildings or larger open spaces
than is imposed or required by other ordinances, rules, regulations
or permits or by easements, covenants or agreements between parties,
the provisions of this chapter shall prevail.
This chapter shall take effect on November 6,
1979, and shall apply to all land, buildings, properties and their
uses within the territorial limits of the City of Westminster. Should
the territorial limits be expanded by annexation, the Zoning Maps
applicable under the Carroll County Zoning Ordinance shall be immediately
effective in the City of Westminster upon such annexation unless and
until otherwise changed pursuant to this chapter.
Whenever a joint petition for annexation and
zoning is filed with the City and there shall be introduced before
the Mayor and Council a resolution to enlarge the corporate boundaries
of the City in accordance with the requirements of applicable law,
the Mayor and Council shall also consider, as appropriate, an application
for a local or sectional Zoning Map amendment for the territory proposed
to be incorporated into the City by the resolution.
A.
The City Clerk shall transmit copies of said resolution
and zoning application to the Planning Commission of the City.
B.
Thereafter, the Planning Commission shall study the
territory proposed to be annexed and prepare a preliminary report
recommending the action to be taken as to the zoning application,
explicitly making a recommendation as to the zoning classification
or classifications for the territory that would be appropriate if
it were to be annexed.
C.
The Planning Commission shall then hold at least one
public hearing on such preliminary report on at least 15 days' notice
of the time and place of it, which shall be published in a paper of
general circulation in the City.
D.
Following such hearing, the Planning Commission shall
submit to the Mayor and Council its final report which shall recommend
the action the Mayor and Council should take as to the zoning application,
and the Mayor and Council shall hold a public hearing on the recommendation
of the Planning Commission simultaneously with its hearing on the
proposed annexation.
E.
Public notice of such public hearing on the final
report shall be given in accordance with the requirements of Article
66B of the Annotated Code of Maryland, as now constituted and as it
may hereafter be amended from time to time.
F.
Following such public hearing, the Mayor and Council
may adopt an ordinance amending the Zoning Map to include such territory
and the zoning classification or classifications thereof simultaneously
with adoption of a resolution enlarging the corporate boundaries of
the City to include such territory. Such ordinance shall be effective
on the date that such annexation becomes final.
G.
The provisions of §§ 164-176 through 164-186 of this chapter shall not apply to procedures under this section, but the provisions of §§ 164-187 through 164-190 shall apply, except that a specific finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification in the county shall not be necessary.
A certified copy of the Zoning Ordinance of
the City of Westminster, Maryland, as may be amended from time to
time, shall be filed in the office of the Zoning Administrator of
the City of Westminster, Maryland.