The regulations contained in this chapter within
each district shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land, except as herein provided.
Except as hereinafter specified, no land, building,
structure or premises shall hereinafter be used and no building, part
thereof or other structure shall be located, erected, moved, reconstructed,
extended, enlarged, converted or altered except in conformity with
the regulations herein specified for the zone in which it is located.
[Added 3-22-1993 by Ord. No. 553]
A.
The Mayor and Common Council is authorized to adopt,
and from time to time amend, by ordinance, a landscape manual for
the City of Westminster to enhance the City's environmental and visual
character for its citizens' use and enjoyment. In that regard, the
Mayor and Common Council find that a landscape manual will preserve
and stabilize the City's ecological balance, improve air and water
quality, reduce flooding and stormwater management and provide protection
from climatic conditions. The adoption of a landscape manual will
enable the City to protect and improve the health and general welfare
by promoting the environmental and public benefits of trees.
B.
It shall be the joint and several responsibility of each person owning or using property to comply with the landscape manual of the City of Westminster in accordance with approvals pursuant to §§ 164-188E(4), 164-193I, and 164-211A(1)(d).
C.
The requirements of the landscape manual adopted by
the Mayor and Common Council shall prevail over any conflict or inconsistency
with any other provisions required for landscaping under this chapter.
[Added 5-9-2016 by Ord.
No. 863]
A.
The Mayor and Common Council is authorized to adopt, and from time
to time amend, by resolution, a manual that contains development design
preferences, to be included as part of the development design review
in any district in the City.
C.
The Development Design Preferences Manual shall be utilized by the
Planning and Zoning Commission, in coordination with other provisions
and requirements of this code, to achieve an improved design.
[Added 9-25-2017 by Ord.
No. 869]
A.
Any roof-mounted, wall-mounted, or ground-mounted appurtenance, including,
but not limited to, newly installed air-conditioning units, telecommunications
installations, and mechanical and electronic equipment, located on
any nonresidentially zoned property shall be screened from view from
yard areas of residentially zoned property within 500 feet of said
appurtenance.
B.
The screening material must be compatible with and integrated into
the architectural and site design of the project.
C.
In any National Historic District, the State Historic Preservation
Office shall be offered an opportunity to review and comment.
D.
For any appurtenance installed after the date of this revision which
is located on property adjacent to Main Street and between Longwell
Avenue and Bond Street/John Street, no appurtenance shall be visible
from the ground level of any portion of the Main Street public rights-of-way
between Longwell Avenue and John/Bond Street.
E.
For any modern appurtenance to be installed on a property described in Subsection D above, if the appurtenance itself is not visible from the ground level of any portion of the Main Street public rights-of-way between Longwell Avenue and John/Bond Street from the yard areas of any residential use located adjacent to the property upon which such an appurtenance is located, said modern appurtenance need not be screened.
F.
City-owned infrastructure of any kind shall not be subject to the provisions of Subsection D above.
G.
The Planning and Zoning Commission, the director, or the director's designee may in the case of extenuating circumstances or for temporary relief, approve an appurtenance without screening, at the discretion of the aforementioned, if the requirements in Subsection C above are met.
H.
Screening for (micro) wireless communication antenna array. Landscaping
and privacy screening shall be employed to screen outdoor equipment
facilities from view. When located in an historic district, it is
recommended that the micro antenna and any necessary support devices
be painted and/or positioned to minimize their visual impact and to
protect the historic character of the affected building and neighborhood
buildings.
[Added 6-14-2021 by Ord. No. 934]
A.
Roof-mounted
solar collectors are an accessory use to permitted uses in any zoning
district, subject to historic district restrictions.
B.
Photovoltaic
panels shall be flush with and surface-mounted on the roof of a building
and for which all required Carroll County permits have been approved,
issued, inspected and passed.
Any use which is found by the Board to be a
public nuisance by reason of the emission of dust, fumes, gas, smoke,
odor, noise, vibration or other disturbance is expressly prohibited.
No such finding shall be made by the Board except after a hearing
upon reasonable notice, and any person, the Commission or the Common
Council may file a petition with the Board for such hearing.
[Amended 5-13-2019 by Ord. No. 907]
Boarding (lodging) and rooming houses are prohibited in all
zones from and after January 1, 2026.
A.
Where any approval has been granted by the Mayor and
Common Council and/or the Commission and is in compliance with the
terms and provisions of the prior Interim Zoning Ordinance, such approval,
with any conditions imposed thereon by the Mayor and Common Council
and/or Commission, shall apply to any use which has been established
thereunder. In those cases where a time limit had been imposed as
a condition of approval, the Board may approve, upon reapplication,
one extension of time of equal duration, but in no case to exceed
five years.
B.
All preliminary plans, final plans, revised preliminary or final plans and all development plans of any type which have been approved by the Mayor and Common Council and/or the Commission prior to November 5, 1979, shall continue to be approved and valid after said date, regardless of the zonal classification of the real property as to which such plans pertain, and said real property shall be developed in accordance with the provisions of such plans. Such plans may be amended in accordance with the procedures provided for the amendment of development plans contained in § 164-188J of this chapter. Additionally, the Common Council may amend any such plans approved prior to November 5, 1979, to permit residential single-family attached dwellings in lieu of any commercial or business use, provided that it determines, after an opportunity for public comment, that there will be no increase in the gross allowable residential density beyond that originally approved and that such development will not have an adverse impact upon the adjacent properties or the general character of the approved development plan.
Any existing or proposed use which is determined
to be in conflict with any existing ordinance or laws of the City
or law or regulation of the State of Maryland or any federal governmental
agency shall be prohibited, even though such use may be allowed under
the terms of this chapter.
