Zoning terms and definitions.
ACCESSORY STRUCTUREA 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 BOOKSTOREA 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 USEA 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 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 USEA 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.
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), 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.
Includes barns, silos, storage buildings, garages and other structures associated with an agricultural use.
ALLEYA right-of-way which affords generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
BANQUET/ASSEMBLY HALLAny 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]
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.
BILLBOARDA freestanding sign, other than a directional sign, not on the site where the advertised function is located.
BUILDABLE LOTSee development standards in Article
XX, Development Standards.
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 CODEIncludes any building code as adopted and amended by Allegany County.
BUILDING LINEThe 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 PERMITA 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 26Code 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.
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]
COMPLETIONWith 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 PLANThe County Comprehensive Plan, as updated or amended, and any part of such plan.
CONDOMINIUMA 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.
CONSTRUCTIONThe 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 YARDA 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 CENTERAny premises where care is provided simultaneously for children who are not relatives of the operator; considered an institutional use.
DEVELOPMENT STANDARDSA set of criteria to be used in the design of planned developments and for commercial, industrial or institutional uses.
DUPLEXA 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 UNITIncludes single-family units, duplex units, mobile homes, multifamily units, townhouses, condominium units and any other structure intended for human habitation.
ESSENTIAL SERVICESLimited 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 INDUSTRYSurface 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 PRODUCERA 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]
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).
GRADINGAny act by which soil, earth or rock is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
GROUP HOMEA 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 STRUCTUREThe 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 OCCUPATIONA 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.
HORTICULTURALIncludes raising of crops, flowers, shrubs, fruits and vegetables.
INDUSTRIALIncludes 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.
INSTITUTIONALIncludes 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.
LAND USE PERMITA 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.
LANDFILLA solid waste facility as approved in the County Solid Waste Management Plan.
LOTA 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 AREAThe 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 DEPTHThe 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 LINESLines of survey described in a recorded deed, subdivision plat or other instrument.
LOT OF RECORDA 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 SPLITA 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."
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 YARDStorage 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 PARLORA 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;
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.
MIXED-USE DEVELOPMENTA 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 PARKA planned development containing two or more mobile homes required to have a common water and sewer system and internal road system.
MOTEL/HOTELAn establishment that provides lodging with access to rooms from either the exterior or interior of buildings.
MULTIFAMILY HOUSINGA 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 CENTERA 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 DEVELOPMENTIncludes 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 DEVELOPMENTThe 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.
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 STRUCTURESIncludes 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 USEIncludes 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.
RESTAURANTIncludes 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 YARDAny 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 BUFFERA 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.
SERVICE STATIONA 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.
SETBACKA 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 PLANTA 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 SYSTEMIncludes community and major systems as defined by COMAR 26.04.03.
SHOPPING CENTERA 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 DWELLINGA 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 PLANA plan showing the layout of a proposed use or building; includes minor, standard and major site plans.
SOLAR ENERGY SYSTEMSPanels 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.
SOLID WASTE PROCESSING/RESOURCE RECOVERY FACILITYA 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.)
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.)
Includes the Maryland Department of the Environment, the County Health Department and the State Health Officer for Allegany County.
STREETSA 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) [1] Serve interstate and intrastate travel.
Serve as major truck routes.
Have fully controlled limited access.
Connect Allegany County with major population centers (greater than 50,000).
[1] Serve interstate and intrastate travel.
Partially controlled access.
Connect population centers within Allegany County and smaller population centers (less than 50,000) outside the County.
[1] Serve intracounty travel.
Connect principal and major arterials, particularly in urbanized areas.
Partially controlled access.
Connect small population centers with major towns inside the County.
[1] Serve intracounty travel in the urban areas of the County.
Access controlled by lot width of the permitted use.
Includes connector and collector streets.
[1] Serve intracounty travel outside the urban areas of the County.
Serve agricultural uses, forests, parks and isolated residences.
COAL-HAUL ROADSConnect coal mine preparation plants and other mining uses with arterial state highways.
[1] Connect County industrial parks with arterial state highways.
Generally designed as loop roads.
[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.
Responsibility for maintenance of internal streets remains with the developer or his assigns.
STRUCTUREIncludes buildings, public utilities structures and other freestanding man-made structures anchored to or sitting upon the earth.
SURFACE MININGIncludes 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 OPERATIONRemoval 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.
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 TRAILERA 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.
TRUCKAs 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 FACILITYA 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 STOPA 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 TERMINALA 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 BUFFERA 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 FACILITYA 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 SYSTEMIncludes community and major systems as defined by COMAR 26.04.03.
ZONING VARIANCEA 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.