A.
Purpose. This Part 4 is intended to regulate land use, the size of
lots and the location, size and use of buildings and other structures
for the purpose of providing sufficient and appropriate amounts of
land for business and industry, residential use, public and private
institutions, agriculture, open space and other purposes; and to ensure
that these uses are consistent with the policies and recommendations
of the Allegany County Comprehensive Plan and to provide for the harmonious
and orderly development of the County in a manner which preserves
the natural environment and the quality of life of its citizens.
B.
Authority. This Part 4 is adopted under the authority of and in compliance with the provisions of the Land Use Article of the Annotated Code of Maryland.
C.
Jurisdiction. This Part 4 shall apply to the unincorporated area
of Allegany County.
D.
Severability. It is hereby declared to be the intention of the Allegany
County Board of County Commissioners that the sections, paragraphs,
sentences, clauses, and phrases of this code are severable, and if
any such section, paragraph, sentence, clause, or phrase is declared
unconstitutional or otherwise invalid by any court of competent jurisdiction
in a valid judgement or decree, such unconstitutionality or invalidity
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, or phrases of this code since the same would have been enacted
without the incorporation into this code of such unconstitutional
or invalid section, paragraph, sentence, clause, or phrase.
E.
No use of land or buildings except in conformity with code provisions.
(1)
Subject to Article XIX, Nonconforming Uses, of this code, no person may use or occupy any land or buildings or authorize or permit the use or occupancy of land or buildings under his control except in accordance with all of the applicable provisions of this code.
(2)
For the purposes of this section, the "use" or "occupancy" of a building
or land relates to anything and everything that is done to, on, or
in that building or land.
B.
Terms defined. As used in this Part 4, the following terms shall
have the meanings indicated:
(1)
ACCESSORY STRUCTURE
ADULT BOOKSTORE
ADULT LIVE ENTERTAINMENT USE
ADULT THEATER
ADULT USE
AGRICULTURAL OPERATION
AGRICULTURAL STRUCTURE
ALLEY
BANQUET/ASSEMBLY HALL
BAR
BILLBOARD
BUILDABLE LOT
BUILDING
BUILDING CODE
BUILDING LINE
BUILDING PERMIT
COMAR 26
COMMERCIAL
(a)
(b)
COMPLETION
COMPREHENSIVE PLAN
CONCENTRATED ANIMAL FEEDING OPERATION
CONDITIONAL USE
CONDOMINIUM
CONSTRUCTION
CONTRACTOR'S STORAGE YARD
DAY-CARE CENTER
DEVELOPMENT STANDARDS
DUPLEX
DWELLING UNIT
ESSENTIAL SERVICES
EXTRACTIVE INDUSTRY
FARM ALCOHOL PRODUCER
FLOODPLAIN
FLOODPLAIN REGULATIONS
GRADING
GROUP HOME
HEIGHT OF BUILDING OR STRUCTURE
HOME OCCUPATION
HORTICULTURAL
INDUSTRIAL
INDUSTRIALIZED DWELLING (MODULAR)
INSTITUTIONAL
JUNKYARD
LAND USE PERMIT
LANDFILL
LOT
LOT AREA
LOT DEPTH
LOT LINES
LOT OF RECORD
LOT SPLIT
LOT WIDTH
LUMBER YARD
MANUFACTURED HOME (MOBILE HOME, SINGLE- OR DOUBLE-WIDE)
MASSAGE PARLOR
(a)
(b)
(c)
(d)
(e)
MIXED-USE DEVELOPMENT
MOBILE HOME PARK
MOBILE HOME, DOUBLE-WIDE
MOBILE HOME, SINGLE-WIDE
MODULAR HOME
MOTEL/HOTEL
MOTOR HOME
MULTIFAMILY HOUSING
NEIGHBORHOOD CONVENIENCE CENTER
PLANNED DEVELOPMENT
PLANNED RESIDENTIAL DEVELOPMENT
PLATTED STREET
PRINCIPAL STRUCTURE OR USE
PUBLIC UTILITIES STRUCTURES
RECREATIONAL USE
RECREATIONAL VEHICLE
RESTAURANT
SALVAGE YARD
SCREENING BUFFER
SEDIMENT AND EROSION CONTROL CODE
SERVICE STATION
SETBACK
SEWAGE TREATMENT PLANT
SEWER SYSTEM
SHOPPING CENTER
SINGLE-FAMILY DWELLING
SITE PLAN
SMALL-SCALE PRODUCT DEVELOPMENT AND TECHNOLOGICAL INNOVATION
ENTERPRISES
SOLAR ENERGY SYSTEMS
SOLAR ENERGY SYSTEMS AS PRIMARY USE
SOLID WASTE PROCESSING/RESOURCE RECOVERY FACILITY
SOLID WASTE TRANSFER STATIONS
SPECIAL EXCEPTION
STATE
STORMWATER MANAGEMENT CODE
STREETS
STRUCTURE
SUBDIVISION REGULATIONS
SUBSURFACE MINERAL EXTRACTION
SURFACE MINING
TIMBER OPERATION
TOWNHOUSE
TRAVEL TRAILER
TRUCK
TRUCK REPAIR FACILITY
TRUCK STOP
TRUCK TERMINAL
VEGETATIVE BUFFER
VEHICLE TOWING AND STORAGE FACILITY
WATER SYSTEM
ZONING VARIANCE
Zoning terms and definitions.
A 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.
A 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.
A 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.
A 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.
A 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),[2] 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.
A right-of-way which affords generally a secondary means
of vehicular access to abutting properties and not intended for general
traffic circulation.
Any 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.
A freestanding sign, other than a directional sign, not on
the site where the advertised function is located.
See 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.
Includes any building code as adopted and amended by Allegany
County.[3]
The 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.
A 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.
Code 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.
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]
With 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.
The County Comprehensive Plan, as updated or amended, and
any part of such plan.
Feeding swine, cattle or poultry in a building, feed lot
or other facility holding more than 500 animals or 10,000 birds.
See "special exception."
A 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.
The 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.
A 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.
Any premises where care is provided simultaneously for children
who are not relatives of the operator; considered an institutional
use.
A set of criteria to be used in the design of planned developments
and for commercial, industrial or institutional uses.
A 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.
Includes single-family units, duplex units, mobile homes,
multifamily units, townhouses, condominium units and any other structure
intended for human habitation.
Limited 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.
Surface 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.
A 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).
Chapter 325, Floodplain Management, as adopted and amended.
Any act by which soil, earth or rock is cleared, stripped,
stockpiled, excavated, scarified, filled or any combination thereof.
A 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.
The vertical distance measured from the finished grade at
the front building line facing the street to the highest point of
the building or structure.
A 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.
Includes raising of crops, flowers, shrubs, fruits and vegetables.
Includes 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.
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.
Includes 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.
See "salvage yard."
A 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.
A solid waste facility as approved in the County Solid Waste
Management Plan.
A 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.
The 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.
The 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.
Lines of survey described in a recorded deed, subdivision
plat or other instrument.
A 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.
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.
Storage and sale of lumber products and related building
materials; does not include sawmills, planing mills and the like.
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.
A 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:
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.
A 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.
A planned development containing two or more mobile homes
required to have a common water and sewer system and internal road
system.
See "manufactured home."
See "manufactured home."
See "industrialized dwelling."
An establishment that provides lodging with access to rooms
from either the exterior or interior of buildings.
See "travel trailer."
A 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.
A 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.
Includes 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.
The 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.
A public right-of-way so designated on a recorded plat.
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.
Includes 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.
Includes 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.
See "travel trailer."
Includes 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.
Any 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.
A 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.
Part 2, Allegany County Sediment and Erosion Control Code,
as adopted and amended.
A 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.
A 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."
A 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.
Includes community and major systems as defined by COMAR
26.04.03.
A building or collection of structures containing several
major commercial uses on the same parcel or site served by common
utility systems and parking facilities.
A 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.
A plan showing the layout of a proposed use or building;
includes minor, standard and major site plans.
A land use that includes research and design and other light
manufacturing.
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.
An energy generation facility or area of land used primarily
to convert solar energy into electricity.
A 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.)
A land use that is subject to Board of Appeals review and
approval.
Includes the Maryland Department of the Environment, the
County Health Department and the State Health Officer for Allegany
County.
Part 3, Stormwater Management, as adopted and amended.
A 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.
Includes buildings, public utilities structures and other
freestanding man-made structures anchored to or sitting upon the earth.
Part 1, Subdivision Regulations, as adopted or amended.
Deep mining for coal and other minerals, drilling for oil
and gas and other minerals.
Includes strip mining of coal, quarrying of stone, sand and
gravel pits, borrow areas and the like; includes accessory structures
related to the mining use.
Removal 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.
A 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.
As 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.
A 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).
A 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.
A 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.
A vegetated area designated to protect a stream or other
feature from impervious surfaces. Vegetation may include any type
of vegetation, including grass.
A 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.
Includes community and major systems as defined by COMAR
26.04.03.
A 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.
(2)
AGRICULTURAL WIND ENERGY DEVICE
DOMESTIC WIND ENERGY DEVICE
INDUSTRIAL WIND ENERGY CONVERSION SYSTEMS (IWECS)
INDUSTRIAL WIND FARM
WIND ENERGY DEVICE
WIND TURBINE
Wind energy definitions are as follows.
A single wind energy device situated in an agricultural setting
that is designed and intended to utilize wind power to generate electricity
or, in the case of certain agricultural applications, to power equipment
or machinery, such as pumps, gears, wheels, mills, or similar mechanical
devices incidental to farming. Energy produced by such devices is
primarily intended for the use of the individual landowner upon whose
property the device is situated.
A single wind energy device situated in a residential setting
that is designed and intended to utilize wind power to generate electricity
primarily for the use and/or benefit of the individual landowner upon
whose property the device is situated.
An aggregation of parts, including the base, tower, generator,
rotor, blades, supports, guy wires and accessory equipment such as
utility interconnect and battery banks, etc., in such configuration
as necessary to convert the power of wind into mechanical or electrical
energy, i.e., wind charger, windmill or wind turbine. The energy produced
by such systems is intended for sale to large-scale energy providers
through the electrical grid system.
(also referred to as "ARRAY.") Area arranged and dedicated
to the construction and maintenance of more than one wind energy conversion
system. The energy produced by such systems is intended for sale to
large-scale energy providers through the grid system.
A wind energy conversion device (usually a turbine) that
produces electricity. Turbines are typically manufactured as horizontal
axis or vertical axis. Wind energy devices can be classified as industrial,
agricultural, or domestic. See "industrial wind energy conversion
systems," "agricultural wind energy device," and "domestic wind energy
conversion systems."
See "wind energy device."
C.
Word usage.
(1)
The words "shall" and "will" are always mandatory, and the words
"may" and "should" are permissive.
(2)
The word "includes" does not limit a term to the specified examples
but is intended to extend the term's meaning to all other instances
or circumstances of like kind or character.
(3)
The word "person" includes an individual, a corporation, a partnership
and incorporated association or any similar entity.
(4)
The phrase "used for" includes the following meanings: arranged for,
intended for, designed for or maintained for.
(5)
Words used in the present tense include the future tense, the singular
includes the plural, the masculine includes the feminine and neuter
genders.
(6)
The word "County" means the Board of County Commissioners of Allegany
County, Maryland, or any official designated by the County Commissioners
to administer and enforce this Part 4. The word "state" means the
State of Maryland.
(7)
The terms "Board of County Commissioners," "Board of Appeals," "Land
Development Services," "Health Department," "Planning Commission,"
"Planning Department," "Public Works Department" and "Soil Conservation
District" mean the respective boards, commissions, departments and
officers of Allegany County.
A.
The County Zoning District Map, prepared in association with this Part 4, is a part of this chapter, and a copy is recorded with the Clerk of the Court. The Zoning District Map also appears on the current copy of the County Tax Maps in the County Zoning office.
B.
For the purposes of this Part 4, the following districts are established:
C.
Urban districts.
(1)
Urban districts are designed to accommodate various forms of urban
development, including residential, commercial, mixed-use, industrial,
institutional and recreational uses. In addition, major subdivisions,
minor subdivisions and planned developments, including mobile home
parks, industrial parks, shopping centers, and neighborhood convenience
centers are to be accommodated in the urban districts.
(2)
In general, urban districts include land already developed for the
purposes listed above and include adjacent lands where development
is projected to occur in the Allegany County Comprehensive Plan.
D.
Nonurban districts.
(1)
Nonurban districts are designed to accommodate a number of nonurban
land uses, including agriculture, forestry, mining, extractive industries,
wildlife habitat, outdoor recreation and communication, transmission
and transportation services, as well as to protect floodplain areas,
steep slope areas, designated wetlands and habitat areas and public
supply watersheds from intense urban development.
(2)
Single-family dwellings and mobile homes in minor subdivisions will
also be allowed on individual lots in nonurban districts. Planned
residential developments, campgrounds and resorts may be allowed as
special exceptions in nonurban districts, provided that the requirements
for major subdivisions are met.
E.
LaVale Overlay District. The LaVale Overlay District is designed to recognize the unique characteristics of the LaVale area which was previously subject to the LaVale Zoning Ordinance which is hereby repealed per § 360-74 of this code. The purpose of the LaVale Overlay District is to supplement the regulations of the underlying zoning districts. For the purposes of this code, certain uses that may otherwise be permitted or prohibited in the underlying zoning districts described above, are prohibited or permitted in the LaVale Overlay District (See Table 1, Permissible Uses.[1] In all other respects, the requirements of the base zoning
districts apply to the LaVale Overlay District.
[1]
Editor's Note: Said table is included as an attachment to
this chapter.
In transferring zoning district boundaries from the zoning district
and tax maps to actual sites in the field, the following criteria
are to be followed:
A.
Zoning district lines which appear to be drawn on streets or highways
are intended to follow the center line of these streets or highways.
B.
In cases where road and highway rights-of-way are exceptionally wide,
zoning district boundaries may follow the right-of-way line of the
highway.
C.
Where zoning district lines appear to follow streams or drainage
channels, the lines are intended to follow the center line of these
streams or drainage channels.
D.
Where zoning district boundaries follow power lines, gas lines, railroad
tracks or other rights-of-way, they are also designed to follow the
center lines of such rights-of-way.
E.
Where zoning district lines are shown to follow property lines, they
do in fact follow the property lines as laid out in the field, even
when those property lines are in a different location than shown on
the maps.
F.
Where zoning district lines do not follow any of the above-named
natural or man-made boundaries, the distance from a nearby man-made
or natural boundary will be spelled out on the County Tax Map copies
of the Zoning Map.
G.
Where a lot or parcel less than two acres in size is split by a zoning
district boundary or a municipal boundary, the use will conform to
the district containing more than 50% of the total area. Where buildings
are split by a zoning district boundary or a municipal boundary, the
same 50% rule shall apply.
A.
Uses subject to explicit federal or state control are exempt from
this Part 4.
C.
No building permit is needed when new construction or enlargement
of a building does not exceed 100 square feet, unless the construction
involves sanitary facilities or impacts a septic area or well. However,
all setbacks must be met for the particular use.
A.
A modification of the zoning regulations is permissible where special
physical conditions of the lot or parcel, not the result of actions
of the applicant, would make strict enforcement of the regulations
unreasonable.
B.
The County may decide the following modification requests after making
an on-site investigation and consulting with other appropriate agencies:
(1)
A modification of 50% or less in lot size or width for lots created
prior to March 3, 1972. Lots must meet the minimum size requirements
of Maryland COMAR 26.04.03, which is administered by the state.
(2)
A modification of 75% or less in side yard or rear yard setbacks
for lots created prior to March 3, 1972. This includes setbacks from
alleys.
(3)
A modification of 50% or less in front yard setbacks for lots created
prior to March 3, 1972. Where lots front on a state highway, the State
Highway Administration (SHA) may vary the setback per SHA requirements.
The setback building line, on a corner lot created prior to March
3, 1972, shall be in accordance with the provisions governing the
road or street on which the building faces. If possible, the side
yard clearance on the side street should conform to the setback line
for other lots on said road or street, but in no event shall said
side yard clearance be less than 25 feet from the center line of the
street or 12 1/2 feet from the edge of the right-of-way.
(4)
A modification of 25% or less in building height or sign height.
(5)
A modification of 75% or less in the setback for residential accessory
structures from the principal structure, other accessory structures
or from the side or rear lot lines including alleys. Accessory structures
less than 100 square feet in size need not meet a setback from other
accessory structures. All structures must conform to applicable building
code setbacks.
(6)
A modification of 50% or less in the setback from drainage channel
center lines or wetlands with the approval of the Soil Conservation
District and the Maryland Department of the Environment, Water Management
Administration.
(7)
A modification of 25% or less to off-street parking standards.
C.
All other modifications must be heard by the Board of Appeals as
a zoning variance to the terms of this Part 4. The term "variance"
is not intended to be associated with the financial or physical condition
of the applicant.
In accordance with the Land Use Article of the Annotated Code
of Maryland, there shall be a Planning Commission consisting of five
members, all of whom shall be residents of Allegany County and shall
be qualified by knowledge and experience in matters pertaining to
the development of the County. Members of the Planning Commission
shall be appointed by the County Commissioners. Members shall be appointed
for terms of five years or until their successors are appointed and
qualified. The respective terms of the members shall be on a staggered
basis. Vacancies shall be filled by appointment by the County Commissioners
for the unexpired term only. Members of the Commission may receive
such compensation as deemed appropriate and shall be reimbursed for
all necessary and reasonable expenses actually incurred in the performance
of their official duties.
A.
The Planning Commission shall establish a regular meeting schedule
and shall meet frequently enough so that it can take action on all
complete applications in an expeditious manner. This shall entail
at least one regular meeting each month.
B.
Meetings of the Planning Commission shall be conducted in accordance
with Roberts Rules of Order. Staff from the Department of Community
Services shall be present during all deliberations by the Planning
Commission and shall answer such questions and render such advice
and assistance as may be appropriate to the action being taken, but
such staff shall not participate in the decision of the Commission
beyond the submitting of a staff recommendation as to the action proposed
to be taken in each case. The Commission may establish such other
rules of procedure as deemed necessary, consistent with this code.
C.
Minutes shall be kept of all Planning Commission proceedings.
D.
All Planning Commission meetings shall be open to the public, and
the tentative agenda for each commission meeting shall be made available
in advance of the meeting in accordance with § 3-305 of
the General Provisions Article of the Annotated Code of Maryland.
A.
A quorum for the Planning Commission shall consist of a majority
of the Commission membership (excluding vacant seats). A quorum is
necessary for the Commission to take official action.
B.
All actions of the Planning Commission shall be taken by majority
vote, a quorum being present.
C.
A roll call vote shall be taken upon the request of any member.
A.
The Planning Commission shall elect, by the 31st of January each
year, a chairperson and vice chairperson who shall serve for one year.
If the Planning Commission fails to elect a chairperson by the 31st
of January each year, the County Commissioners will appoint a chairperson.
B.
The chairperson and vice chairperson may take part in all deliberations
and vote on all issues.
A.
The Planning Commission shall have the following powers and duties:
(1)
Review, evaluate, and approve or disapprove plans for subdivisions
and site plans in accordance with this code and the Allegany County
subdivision regulations.
(2)
Review and make recommendations to the County Commissioners regarding:
(a)
Proposed changes or amendments to the County Comprehensive Plan.
(b)
Proposed amendments to the County Zoning Code and rezonings.
(c)
Proposed designation of historic sites or districts.
(d)
Proposed changes or amendments to the County Subdivision Regulations.
(e)
Proposed changes in land use or development arising from state
or federal programs or policies.
(f)
Proposed amendments to the County Forest Conservation Regulations.
(3)
Make recommendations to the Board of Appeals regarding applications
for special exceptions.
B.
The Planning Commission may adopt rules and regulations governing
its procedures and operations not inconsistent with the provisions
of this code.
The County Commissioners may remove a member of the Planning
Commission in accordance with § 2-102 of the Land Use Article
of the Annotated Code of Maryland.
Except as otherwise specifically provided, primary responsibility
for administering and enforcing this code shall be the County Zoning
Administrator as designated by the County Commissioners. The administrator
may assign responsibility to one or more individuals. The person or
persons to whom these functions are assigned shall be referred to
in this Code as the "Zoning Administrator" or "Administrator." The
term "staff" is sometimes used interchangeably with the term "administrator."
A.
General. This Part 4, in whole or in part, may be amended and changed,
supplanted or repealed by the Allegany County Commissioners. Amendments
may be of three kinds:
B.
Procedure for text amendments and Zoning Map amendments. The procedure
for first two types of amendments is as follows:
(1)
Any person or group, landowner, developer, the Planning Commission
or the Board of County Commissioners may initiate the amendment process
for text changes.
(2)
Any person may initiate the rezoning process for his own property
or provide written permission from another party to initiate the rezoning
process for that property.
(3)
The Planning Commission shall hold a public hearing on any proposed
amendment. At least 15 days' notice of the time and place of the hearing
shall be published in a newspaper of general circulation in the County.
(4)
In the case of a map amendment, at least five days prior to its hearing,
the County shall notify all property owners adjoining the property
to be rezoned, including the owners of property separated by roads,
railroads or other rights-of-way. Property owners shall be identified
from the current Tax Map. The County shall require the applicant to
post a County rezoning notice sign on the property to be rezoned at
least five days prior to the Planning Commission hearing.
(5)
The Planning Commission shall make its recommendation to the Board
of County Commissioners within 30 days after the public hearing.
(6)
The Board of County Commissioners shall hold a public hearing on
the proposed amendment within 60 days of receipt of the Planning Commission's
recommendation. Prior to the public hearing, a public notice stating
the time and place of the public hearing, together with a summary
of the proposed regulation or boundary, shall be published in a newspaper
of general circulation in the County once each week for two consecutive
weeks. The first notice shall be published at least 15 days before
the hearing.
(7)
The Board of County Commissioners will confirm, deny or alter the
recommendation of the Planning Commission within 30 days after the
County Commissioners' public hearing.
(8)
Where the purpose and effect of the proposed amendment classification
is to change the zoning classification, the Board of County Commissioners
shall make findings of fact in each specific case as required by the
Land Use Article of the Annotated Code of Maryland. A complete record
of hearing and the votes of all members of the Board of County Commissioners
shall be kept.
(9)
Restriction upon acceptance of application for reclassification.
An application for a reclassification shall not be accepted for filing
by the County if the application is for the reclassification of the
whole or any part of land, the reclassification of which has been
denied by the Board of County Commissioners within 12 months from
the date of the Board of County Commissioners' decision.
Fees to partially cover the cost of considering permit applications,
examining site plans, conducting inspections, issuing permits and
holding Board of Appeals hearings and rezoning hearings shall be collected
at the time of application in accordance with such schedule of charges
as may be adopted by the County Commissioners and amended from time
to time. Permit applications shall not be processed until fees are
paid.
The Allegany County Zoning Code, effective January 13, 1997,
and all amendments, as well as Ordinance No. 1 of La Vale Zoning Board,
adopted January 1, 1998, and all amendments, are repealed as of the
effective date of this Part 4.