Unless otherwise expressly stated, the following
words and phrases shall be given the meanings and interpretation set
forth below for the purposes for this chapter.
A.
Words used in the present tense include the future.
B.
The singular number includes the plural, and the plural
the singular.
C.
The word "person" includes a corporation, institution,
partnership, trust, association or any other legal entity as well
as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "shall" is always mandatory; the word "may"
is permissive.
F.
The word "used" or "occupied" as applied to any land
or building includes the words "arranged or designed to be used or
occupied."
G.
The word "Council" and the words "Town Council" mean
the Town Council of Oakland, Maryland.
H.
The word "Commission" and the words "Planning Commission"
mean the Municipal Planning Commission of Oakland, Maryland.
I.
The word "Board" means the Board of Appeals of Oakland,
Maryland.
J.
The word "Town" means the Mayor and Town Council of
Oakland, Maryland.
K.
The word "slope" means the incline of land, measured
by dividing the vertical increase in elevation by the horizontal distance.
For example, a thirty-foot increase in elevation over 100 feet of
length would be considered a thirty-percent slope.
L.
Any word or term not defined herein shall be used
with a meaning of standard usage.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use, building or structure customarily incidental
or subordinate to, and located on the same lot as, the main use or
building. The term "accessory building" includes, but is not limited
to, private garages, gardens or barns, playhouses, greenhouses and
swimming pools.
A use involving one or more of the following:
ADULT BOOKSTOREA use with a significant portion of the market value of all items offered for sale or rent being adult materials, or which has over 15 square feet of floor area occupied by adult materials for sale or rent.
ADULT MATERIALSBooks, films, videotapes (including those offered on coin- or token-operated machines), magazines or similar printed materials, and/or paraphernalia which is distinguished or characterized by a clear emphasis on the depiction, display or description of uncovered male or female genitals.
ADULT LIVE ENTERTAINMENTA 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 THEATERA use involving the display of film or videotape adult materials to three or more persons at a time in a room and that is related to some form of monetary compensation by the persons viewing such matter.
A use in which manipulative exercises using
the hands or a hand-held 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:
Massages by state-licensed massage therapists
or health care professionals;
Massages involving persons who are related to
each other;
Massages within a licensed hospital or nursing
home;
Hand massages of the face, hands or feet; or
Therapeutic massages that are clearly incidental
to a permitted exercise club or municipal, college or high school
athletic program.
The cultivation of soil and the raising and harvesting of
products of the soil, including the raising and keeping of livestock
and poultry.
A minor way which is used primarily for vehicular service
access to the back or the sides of a parcel otherwise abutting a street.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
to another.
Any lot, building, structure, enclosure or premises whereupon
or wherein are kept dogs, cats or similar small animals in any combination,
whether such keeping is for pleasure, profit, breeding, or exhibiting,
and including places where dogs or cats or similar small animals in
any combination are boarded, kept for sale, or kept for hire.
[Added 12-7-2015 by Ord.
No. O2015-08]
Commercial facilities for the keeping of animals to be treated,
in treatment, or recovering from treatment in accord with normal veterinary
practice and for the boarding of pets and animals indoors.
[Added 12-7-2015 by Ord.
No. O2015-08]
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, steps, eaves and gutters.
LOT AREAThe area contained within the property lines of an individual lot, including the area within all easements, but excluding the area within all street rights-of-way.
Buildings and premises where gasoline is sold and/or oil,
grease, batteries, tires and automobile accessories, or any combination
thereof, are sold at retail or normal mechanical repairs are conducted
but not including body work, painting, spraying or welding or storage
of automobiles not in operating condition.
An establishment which is rented by individuals or groups
as a primary use to accommodate private functions, including, but
not limited to, banquets, weddings, anniversaries and other similar
celebrations. Such a use may or may not include:
A single-family, owner-occupied dwelling which is used for
the lodging of transient guests, none of whom remain for more than
five consecutive nights each, and which provide no food or beverage
service for the transient guests other than for breakfast provided
in the areas of the dwelling generally utilized by the resident family
for the consumption of food.
An industrial operation involving the brewing and bottling
of beverages for local, regional, or national distribution and which
may involve routine truck traffic. Brewery and bottling operations
may be permitted in restaurants as an accessory use when integrated
into the restaurant operations, with limited distribution and wholesaling
permitted.
[Added 12-7-2015 by Ord.
No. O2015-08]
A combination of materials having a roof, to form a structure
for the shelter of persons, animals or property. The word "building"
shall include any part thereof.
BUILDING, ACCESSORYA building subordinate to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.
BUILDING, PRINCIPALA building in which is conducted or intended to be conducted the principal use of the lot on which it is located.
The percentage of the lot covered by the building.
A building's vertical measurement from the mean level of
the ground abutting the building to a point midway between the highest
and lowest points of the roof.
The rear line of the minimum yards, as herein designated
for each district, as measured from the lot lines.
A planned residential development including single-family
detached dwellings on lots with modified lot dimensions and including
common open space intended for use and enjoyment by residents of the
development.
A facility constructed with transparent or translucent material
for the indoor propagation of plants and nursery stock for sale to
the public, retail nurseries or other businesses. A private greenhouse
with no commercial sales is considered an accessory use.
[Added 12-7-2015 by Ord.
No. O2015-08]
Jails or related institutions used for the containment of
persons held in lawful custody, including related accessory buildings
and uses.
A building, or portion thereof, arranged or designed to provide
living facilities for one or more families.
DWELLING UNITA dwelling or portion thereof providing complete living facilities for one family, excluding rooming, boarding or lodging houses, or hotels, motels, tourist homes or other similar places offering overnight accommodations for transients.
SINGLE-FAMILY DETACHED DWELLINGA building, commonly known as a "single-family house," designed for and occupied exclusively as a residence, comprising one dwelling unit from ground to roof and open space on all sides. Where a private garage is structurally attached to such a dwelling, it shall be considered a part thereof.
TWO-FAMILY DETACHED ("DUPLEX") DWELLINGA single building intended and designed to be occupied as a residence by two families living independently of each other as separate housekeeping units.
SINGLE-FAMILY ATTACHED ("TOWNHOUSE") DWELLINGA portion of a building designed for and occupied exclusively as a residence for only one family and comprising:
MULTIFAMILY ("APARTMENT") DWELLINGA building, except a building containing townhouse dwellings, containing three or more dwelling units and designed to be occupied by three or more families living independently of one another.
SECTIONAL ("DOUBLE-WIDE") DWELLINGA single-family detached dwelling unit designed for permanent occupancy, manufactured in two or more sections and transported to a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operations (called a "manufactured home" in the Federal Act). These homes have a permanently affixed HUD label.
MODULAR DWELLING(Also known as "industrialized building" under Title 12, Subtitle 3 (§ 12-301 et seq.) of the Public Safety Article of the Annotated Code of Maryland.) A building assembly or system of building assemblies manufactured in its entirety, or in substantial part, offsite with permanently affixed state certification insignia and transported to the point of use for installation or erection. Modular dwellings must be certified under Maryland Industrialized Building and Mobile Homes Act, Title 12, Subtitle 3 (§ 12-301 et seq.) of the Public Safety Article of the Annotated Code of Maryland, and generally resemble "stick-built" homes. These dwellings must be constructed on conventional block foundations. Plans for these dwellings must be submitted to the Mayor and Town Council of Oakland for approval. "Modular building" does not include open frame construction which can be completely inspected onsite. "Modular building" does not include a mobile home or double-wide dwelling.
[Amended 1-7-2008 by Ord.
No. O2007-09]
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended 1-7-2008 by Ord.
No. O2007-09]
A residence that:
Provides residential services for individuals
who, because of developmental or other disability, require specialized
living arrangements;
[Amended 12-2-2019 by Ord. No. O2019-04]
Admits at least four but not more than eight
individuals; and
Provides 10 or more hours of supervision per
home, per week.
See provisions for modifications in § 300-72E.
A business or avocation conducted within the home or within
an accessory building, or both, or office or business within the home,
within an accessory building, or both, from which income is derived
or can be expected, and which is clearly secondary to the use of the
home as a dwelling, which may employ people who are not members of
the immediate family residing on the premises, and which regularly
receives customers or clients to the premises. Where the business,
avocation or office is the main use of the dwelling, or is equal in
intensity to its use as a dwelling, it shall not be considered a "home
occupation."
[Amended 2-6-2006 by Ord. No. O2005-08]
A business or avocation conducted within the home or within
an accessory building, or both, or office or business within the home,
within an accessory building, or both, from which income is derived
or can be expected, and which is clearly secondary to the use of the
home as a dwelling, and which employs people who are only members
of the immediate family who reside on the premises, and which does
not regularly receive customers or clients to the premises. Where
the business, avocation or office is the main use of the dwelling,
or is equal in intensity to its use as a dwelling, it shall not be
considered a "home professional."
[Amended 2-6-2006 by Ord. No. O2005-08]
A health care institution with an organized medical and professional
staff and with inpatient beds available on a twenty-four-hour basis,
which has as its primary function to provide inpatient medical, nursing,
detox, and other health-related services to patients for both surgical
and nonsurgical conditions, and which usually provides some outpatient
services such as laboratory, diagnostic, and emergency care.
[Added 12-2-2019 by Ord.
No. O2019-04]
A building or group of buildings for the accommodation of
transient guests containing guest rooms for rent.
Large retail buildings consisting of 100,000 square feet
or more shall be considered "big box." This shall include retail stores,
retail food stores, furniture stores or home improvement centers,
each of which would be 100,000 square feet or greater.
[Added 10-1-2007 by Ord. No. O2007-05]
A plot or parcel of land used or set aside and available
for use as the site of one or more buildings and buildings accessory
thereto or for any other purpose, in one ownership and not divided
by a street nor including any land within the limits of a public or
private street right-of-way.
LOT, CORNERA lot abutting two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.
LOT, WIDTHThe width of a lot measured at the building setback line.
RECORD LOTThe land designated as a separate and distinct parcel of land on a legally recorded deed filed among the Land Records of Garrett County.
Any boundary line of a lot.
LOT LINE, FRONTThe street line, which shall be the same as the legal right-of-way line, provided that, along streets for which a future right-of-way width is designated in the legally adopted transportation element of the Town's Comprehensive Development Plan, the "front lot line" shall be the future right-of-way line thus established.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a "rear lot line."
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
A single-family dwelling unit manufactured in one or more
complete sections, designed for long-term occupancy, which may contain
sleeping accommodations, a flush toilet, a bathtub or shower, and
kitchen facilities, plumbing and electrical connections provided for
attachment to outside systems; and designed to be transported after
fabrication on its own wheels, or on flatbed or other trailers; arriving
at the site where it is intended to be occupied as a complete dwelling,
which may include major appliances and furniture, and ready for occupancy
except for incidental unpacking and assembly operations. For purposes
of this chapter, sectional homes and travel trailers are not considered
as mobile homes.
A parcel of land which has been planned and improved for
the placement of more than one mobile home, but shall not include
"travel trailers" as defined in this section.
That status achieved by a building, structure, or use of a building, structure, or land, which is not in conformance with these regulations, but which is permitted, under the provisions of Article VIII, to continue because it was lawfully in existence upon the effective date of the adoption of this chapter. No building, structure, or use shall be permitted to continue unless it is deemed to have achieved nonconforming status, and such status may be forfeited as provided for by this chapter.
A building, structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for off-street parking, off-street loading
or accessory buildings, but which building, structure or lot was lawfully
in existence at the effective date of this chapter.
A use of a building, structure, or lot which does not conform
to use regulations prescribed by this chapter for the district in
which it is located, but which was lawfully in existence at the effective
date of this chapter.
An establishment providing services of a personal nature
that are necessary on a frequent or recurring basis. Personal services
may include the accessory retail sale of items related to service
rendered. Personal services typically include beauty and barbershops;
clerical services; dog grooming; garment repair; informational, instructional,
personal improvement, or services of a similar nature; manicurists;
photography studios; spas; shoe repair; tailoring; tanning salons;
licensed massage therapists; licensed acupuncturists and tattoo artists.
[Added 12-7-2015 by Ord.
No. O2015-08]
An area of the Town of Oakland which meets one of the following
criteria and which has been so designated on the Town Zoning Map:
Inclusion within the Town's Preservation District
as set forth on a map prepared by the Department of State Planning,
in conjunction with the Maryland Historic Trust, and/or which has
been designated on the National Register of Historic Places.
Found by the Town Council of Oakland, by its
resolution, to be of special historic value, worthy of protection
and preservation, for the well-being and good of the entire Town.
An establishment primarily engaged in providing infrequent,
technical, or unique functions on a fee or contract basis. Such uses
may include, but are not limited to, certified public accountancy,
engineering, architecture, law, medical, dental, veterinarian (excluding
clinics and laboratories), and real estate offices.
[Added 12-7-2015 by Ord.
No. O2015-08]
An establishment used primarily for the consumption of alcohol
(with food also being available) to the general public, wherein the
average daily receipts from the sale of alcoholic beverages exceeds
25% of gross sales.
[Added 12-7-2015 by Ord.
No. O2015-08]
An establishment for the accommodation of the public equipped
with a dining room with facilities for preparing and serving regular
meals to be consumed primarily on the premises of the principal building
and wherein the average daily receipts from the sale of alcoholic
beverages is 25% or less than the average of total daily receipts.
The establishment may also prepare foods for off-premises catering.
[Added 12-7-2015 by Ord.
No. O2015-08]
A commercial business that offers to the general public such
products as trees, shrubs and plant materials, planter boxes, fertilizers,
sprays, seeds, mulch, garden tools, and related items.
[Added 12-7-2015 by Ord.
No. O2015-08]
A building or part of a building (other than an institutional
building) occupied or intended to be occupied by three or more roomers,
boarders or lodgers.
A building, group of buildings or other facility having compartments,
rooms, or spaces that are individually leased, rented, sold or otherwise
contracted for by customers for the storage of personal or business
goods or property, and where the facility owner/operator has limited
access to the units. For the purposes of this chapter, "self-service
storage facility" shall be considered synonymous with "self-storage
warehouse," "self-storage facility," "mini-warehouse" or "mini-storage."
[Added 2-2-2015 by Ord. No. O2015-01]
A pipe or other facility for collection, holding or transmitting
sewage.
CENTRALIZED SEWAGE DISPOSAL SYSTEMA utility system, serving two or more dwelling units, business, commercial, industrial or other establishments which is designed and operated for the collection, transportation, treatment and disposal of sewage, in compliance with county and state health regulations.
PRIVATE SEWAGE DISPOSAL SYSTEMA system of sewers, pipes, treatment tanks or other facilities serving only a single dwelling unit or a single business, commercial, industrial or other establishment, which is designed and operated for the collection, treatment and disposal of sewage in compliance with county and state health regulations.
Any permanent or temporary structure or part thereof, or
any device attached to, painted or represented directly or indirectly
on a structure or other surface, that shall display or include any
letter, work, insignia, flag, or representation used, as, or which
is the nature of, an advertisement, announcement, visual communication,
direction, or is designed to attract the eye, or bring the subject
to the attention of the public. Flags of any governmental unit or
branch of any charitable or religious organization, interior signs
not visible from a public right-of-way or adjoining property, and
cornerstones built into or attached to a wall or a building are excluded.
ON-PREMISES SIGNA sign which directs attention to a person, business, profession, home occupation or activity conducted on the same lot.
OFF-PREMISES SIGNA sign which directs attention to a person, business, profession, product, home occupation or activity not conducted on the same lot.
A use which includes 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.
[Added 12-2-2019 by Ord.
No. O2019-04]
A use for which the Board of Appeals has granted a special
exception following a public hearing and findings of fact consistent
with the provisions of this chapter, and provided the use complies
with specified conditions and standards outlined in this chapter,
or imposed by the Board of Appeals.
A public or private way used or intended to be used for passage
or travel by automotive vehicles. If private, such way must be used
or intended to be used as the principal means of access to an abutting
lot or lots, or to more than two dwellings on a lot on which a private
way is exclusively used.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that, where
a future right-of-way width for a street is officially established
in any Town subdivision regulation, ordinance, then the street line
shall be the side of the future right-of-way so established.
A combination of material assembled, constructed or erected
at a fixed location, the use of which requires location on the ground
or attachment to something having location on the ground. The word
"structure" shall include any part thereof.
A dwelling unit or part of a dwelling unit used for short-term
rentals with renters staying for a period that does not exceed 30
days, such as Airbnb and Vacation Rental by Owner (vrbo) units and
the like.
[Added 12-2-2019 by Ord.
No. O2019-04]
A vehicular or portable structure designed as a temporary
dwelling for travel, recreation, vacation and other short-term uses,
and having a body width not exceeding eight feet and a body length
not exceeding 32 feet.
A parcel of land or part thereof occupied by or designed
for transient occupancy by one or more travel trailers or recreational
vehicles and units.
A commercial enterprise that grows coniferous and other trees
for the purposes of replanting, landscaping, or holiday decoration,
which are either precut, balled or made available for the consumer
to cut.
[Added 12-7-2015 by Ord.
No. O2015-08]
An outpatient health care facility designed to evaluate and
treat conditions that generally are not severe enough to require treatment
in a hospital emergency room but still require immediate treatment,
usually beyond normal physician office hours or before a physician
appointment is available.
[Added 12-7-2015 by Ord.
No. O2015-08]
USEAny activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, ACCESSORYA use located on the same lot with a principal use, and clearly incidental or subordinate to, and customarily in connection with, the principal use.
USE, PRINCIPALThe main use on a lot.
Permission to use or alter, modify or relocate land, buildings,
or structures which when granted puts them at variance or in conflict
with one or more of the provisions of this chapter.
Any building or structure used professionally by a veterinarian
or for the treatment, housing or limited boarding of small domestic
animals such as dogs, cats, goats, rabbits and birds or fowl.
CENTRALIZED WATER SUPPLY SYSTEMA utility system serving two or more dwelling units, business, commercial, industrial or other establishments, which is designed and operated to supply potable water, in compliance with county and state health regulations.
A portion of a lot adjoining and extending inward from a
lot line or street line, and which shall remain unobstructed by buildings
or structures or portions thereof except overhanging eaves, gutters,
or cornices.
YARD, FRONTA yard line adjoining and extending parallel to a street line.
YARD, SIDEA yard adjoining and extending parallel to a side lot line and lying between a front yard and a rear yard.
YARD, REARA yard adjoining and extending parallel to a rear lot line.
SUBURBAN RESIDENTIALSuburban residential areas would provide land for greater open space in the living environment by accommodating lower density single-family residential development. It provides for larger houses and more flexibility in placement of houses on the lots. The suburban residential areas, with approximately half-acre lots, provide opportunities for suburban-type of developments incorporating modern-day housing and subdivision design techniques.
TOWN RESIDENTIALTown residential areas would contain both older and newer residential portions of Oakland. This planning area is intended to preserve and enhance the charm and intimacy of a relatively densely developed residential environment.
TOWN CENTERTown center areas would service individuals and families who desire to be near stores, offices, banks, churches and other nonresidential uses. In summary, the town center is an urban living environment. The town center is also designed for retail, service and office uses appropriate to Oakland's central business area.
CENTRAL BUSINESS AREAThe central business area is designed to provide a high degree of developmental flexibility in which a wide mix of residential and other uses, including single-family dwellings, modular homes, along with shops, service stations, banks and utilities are allowed, but where industrial uses are restricted.
PRESERVATION DISTRICTThe Preservation District is designed to preserve the older larger homes. While the preservation district is very similar to the town residential category, future residential development would be limited primarily to single-family residences.
RESIDENTIAL INSTITUTIONAL-PROFESSIONAL DISTRICTThe Residential Institutional-Professional District would contain both suburban-residential-type uses and institutional-professional uses, such as professional offices, medical offices, governmental buildings and institutional-type building, with some limitations. Where the nonresidential uses are adjacent to properties used for residential purposes, screening may be required, and maximum land coverage, setbacks and parking regulations would be appropriate to the institutional-type of use.
EMPLOYMENT CENTERThe Employment Center is the zone designated for industrial and heavy commercial uses. Single-family homes are not permitted.
COMMERCIAL ZONINGCommercial zoning includes the higher intensity retail and service business uses, and some light industrial uses. Single-family homes are not permitted.
