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Town of Westernport, MD
Allegany County
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Code
New Laws (0) Index Notes (2)
As an aid in interpreting the provisions of Article IV, the Mayor and Commissioners hereby state in summary the purposes for which the various zoning districts are established and their intentions regarding the types of uses which should be permitted to further the objectives of the adopted Town Comprehensive Plan.
A. 
Purposes. This district provides for suburban-type residential subdivision development in areas of similar existing development and where natural features of the land and capacities of utility, street or other service systems may require this type of development. Development is thus permitted at moderate density consistent with state health standards, and the residential areas are protected from the intrusion of incompatible nonresidential uses.
B. 
Principal permitted uses and structures. Only the following principal uses and structures are permitted in the SR District:
(1) 
Single-family detached dwellings, including prefabricated sectional dwellings.
(2) 
Cluster residential development, subject to the provisions of § 250-31.
(3) 
Parks designed or intended for passive recreation or open space.
(4) 
Agricultural uses as defined in Article II.
C. 
Special exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Appeals:
(1) 
Two-family detached duplex dwellings, with a maximum of two dwellings attached to each other, with the dwelling units separated by a vertical wall.
(2) 
Single-family attached townhouse dwellings, with a maximum of six townhouses attached in any manner.
(a) 
Conversion of a single-family dwelling or other building into not more than two dwelling units, provided that the lot area per dwelling unit and yard, building and other requirements for dwellings in the zoning district shall not be reduced thereby, and further provided that no structural alteration of the building's exterior shall be made except as necessary for safety.
(b) 
A maximum of 50% of the lot shall be covered by the total of all buildings, parking areas and loading areas, except that this maximum may be increased to 65% if the applicant proves to the Board of Appeals that all of the following conditions are met:
[1] 
All vehicle parking areas are paved in asphalt, concrete, attractive paving blocks or other surface that the applicant proves to the Board of Appeals is closely similar.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2] 
Stormwater runoff is properly directed to avoid increased flooding of adjacent properties.
[3] 
At least one new shade tree is planted for every three parking spaces, unless the applicant proves to the Board of Appeals that there is not room for new trees considering the location of existing trees. Such trees shall be placed to buffer the parking area from nearby homes.
[4] 
All areas not approved for parking, sidewalks, porches and decks are covered by grass, trees, shrubs or other vegetative ground cover.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
The property owner shall provide parking as specified in Article VII.
(d) 
A maximum of 12 apartments shall be permitted in any building.
(3) 
Churches and other places of worship.
(4) 
Civic buildings, including community centers, museums, post offices, libraries, fire stations and public office buildings erected or used by federal, state, county or municipal governments or agencies thereof, except educational buildings and uses.
(5) 
Public or private elementary or middle schools.
(6) 
Areas designed, equipped or intended for noncommercial active outdoor recreation, including but not limited to picnicking, field sports, tennis, swimming and the like.
(7) 
Private or membership clubs or lodges not operated commercially or conducted primarily as a business enterprise.
(8) 
Essential utility equipment, as defined in Article II, provided that before construction begins on any overhead electric power line of 34.5 kilovolts or greater capacity, on any telephone trunk line including microwave facilities, or on any underground pipeline for transmission of natural gas or petroleum products, location and right-of-way plans of said lines and accessory facilities shall be submitted for the information and review of the Planning and Zoning Commission.
D. 
Specifically prohibited uses. The following uses are specifically prohibited within the SR District:
(1) 
Junkyards.
(2) 
Sanitary landfills.
(3) 
Mobile home parks.
(4) 
Assisted living facility.
E. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the SR District:
(1) 
Signs complying with Article VIII.
(2) 
Uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(3) 
Home occupations subject to Article X.
(4) 
Travel trailer and boat storage, provided that such stored vehicles shall not be occupied or used for dwelling purposes and shall not be located within front or side yard areas required by this chapter.
(5) 
Temporary buildings accessory to a construction project.
(6) 
Fences, walls and landscaping material, subject to the requirements specified in § 250-22.
(7) 
Private garage and off-street parking areas subject to the provisions of Article VII.
F. 
Lot, yard and height requirements. The following minimum requirements shall apply to all uses and structures in the SR District, except as superseded by more restrictive provisions elsewhere in this chapter:
(1) 
Lot area: 5,875 square feet.
[Amended 9-5-2017 by Ord. No. 8-7-2017]
(2) 
Front yard depth: 15 feet.
[Amended 9-5-2017 by Ord. No. 8-7-2017]
(3) 
Rear yard depth: 15 feet.
[Amended 9-5-2017 by Ord. No. 8-7-2017]
(4) 
Side yard depth, each side: 9 feet.
[Amended 9-5-2017 by Ord. No. 8-7-2017]
(5) 
Lot width: 100 feet.
(6) 
Maximum lot coverage: 50%.
(7) 
Maximum building height: three stories or 35 feet, except institutional uses may be 45 feet if approved by the Board of Zoning Appeals.
A. 
Purposes. This district provides for somewhat higher densities than the Suburban Residential District, where centralized sewerage facilities exist and where future development of this type can safely proceed. The Town Residential District is intended to recognize existing Town development and its logical extension; it accommodates a variety of residential uses, plus limited convenience retail commercial uses desirable to serve only residential areas.
B. 
Principal permitted uses and structures. Only the following principal uses and structures are permitted in the TR District:
(1) 
Single-family detached dwellings, including prefabricated sectional dwellings.
(2) 
Two-family detached duplex dwellings.
(3) 
Conversion of a single-family dwelling or other building into not more than two dwelling units, provided that the lot area per dwelling unit and yard, building and other requirements for dwellings in the zoning district shall not be reduced thereby, and further provided that no structural alteration of the building's exterior shall be made except as necessary for safety.
(4) 
Cluster residential development, subject to the provisions of § 250-31.
(5) 
Parks designed or intended for passive recreation or open space.
(6) 
Public or private elementary or middle schools.
(7) 
Business services, including banks, credit unions, savings and loan and similar financial institutions, business and professional offices, real estate and insurance agencies, and telephone central offices and switchboards.
(8) 
Agricultural uses as defined in Article II.
C. 
Special exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Appeals:
(1) 
Multifamily or single-family attached townhouse dwellings, with a maximum of six townhouses attached in any manner.[1]
(a) 
A maximum of 50% of the lot shall be covered by the total of all buildings, parking areas and loading areas, except that this maximum may be increased to 65% if the applicant proves to the Board of Appeals that all of the following conditions are met:
[1] 
All vehicle parking areas are paved in asphalt, concrete, attractive paving blocks or other surface that the applicant proves to the Board of Appeals is closely similar.
[2] 
Stormwater runoff is properly directed to avoid increased flooding of adjacent properties.
[3] 
At least one new shade tree is planted for every three parking spaces, unless the applicant proves to the Board of Appeals that there is not room for new trees considering the location of existing trees. Such trees shall be placed to buffer the parking area from nearby homes.
[4] 
All areas not approved for parking, sidewalks, porches and decks are covered by grass, trees, shrubs or other vegetative ground cover.
(b) 
The property owner shall provide parking as specified in Article VII.
(c) 
A maximum of 12 apartments shall be permitted in any building.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Bed-and-breakfast uses, limited to a maximum of six guest units, and limited to serving transient visitors to the area. Such bed-and-breakfast uses shall be owner-occupied and limited to within a single-family detached dwelling that existed prior to January 1, 1940.
(3) 
Dwelling unit in conjunction with a principal nonresidential use.
(4) 
Mobile homes and parks meeting the requirements of Articles VII and IX.
(5) 
Conversion of a dwelling unit or other structure into an apartment containing more than two dwelling units.
(6) 
Churches and other places of worship.
(7) 
Medical and dental offices or clinics for outpatient treatment, including accessory laboratory facilities.
(8) 
Civic buildings, including community centers, museums, post offices, libraries, fire stations and public office buildings erected or used by federal, state, county or municipal governments or agencies thereof, except educational buildings and uses.
(9) 
Essential utility equipment, as defined in Article II, provided that before construction begins on any overhead electric power line of 34.5 kilovolts or greater capacity, on any telephone trunk line including microwave facilities, or on any underground pipeline for transmission of natural gas or petroleum products, location and right-of-way plans of said lines and accessory facilities shall be submitted for the information and review of the Planning and Zoning Commission.
(10) 
Convenience store, as defined in Article II.
(11) 
Personal service businesses, including barbershops, beauty salons, cold storage lockers, photography studios, repair shops for appliances, bicycles, electronic equipment, guns, locks, shoes, or watches, self-service dry-cleaning or laundromats, tailoring or dressmaking.
(12) 
Retail businesses intended primarily for neighborhood convenience shopping, including baked food stores, dairy product stores, food and grocery stores, fruit and vegetable stores or product stands, meat markets, and pharmacies.
(13) 
Restaurants and the like, except drive-in restaurants defined in Article II.
(14) 
Video store.
(15) 
Areas designed, equipped or intended for noncommercial active outdoor recreation, including but not limited to picnicking, field sports, tennis, swimming and the like.
(16) 
Private or membership clubs or lodges not operated commercially or conducted primarily as a business enterprise.
D. 
Specifically prohibited uses. The following uses are specifically prohibited within the TR District:
(1) 
Junkyards.
(2) 
Sanitary landfills.
E. 
Accessory uses and structures. The following accessory uses and structures shall be permitted within the TR District:
(1) 
Signs complying with Article VIII.
(2) 
Uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(3) 
Home occupations subject to Article X.
(4) 
Boardinghouses or lodging houses as defined in Article II meeting the requirements of Article VII.
(5) 
Travel trailer and boat storage, provided that such stored vehicles shall not be occupied or used for dwelling purposes and shall not be located within front or side yard areas required by this chapter.
(6) 
Temporary buildings accessory to a construction project.
(7) 
Fences, walls and landscaping material, subject to the requirements specified in § 250-22.
(8) 
Private garage and off-street parking areas subject to the provisions of Article VII.
F. 
Lot, yard and height requirements. The following minimum requirements shall apply to all uses and structures in the TR District, except as superseded by more restrictive provisions elsewhere in this chapter:
(1) 
Lot area: 10,000 square feet, except for permitted:
(a) 
Two-family detached duplex dwellings: 9,000 square feet per dwelling unit;
(b) 
Multifamily dwellings: 3,600 square feet per dwelling unit; or
(c) 
Single-family attached townhouse dwellings: 1,600 square feet per dwelling unit.
(2) 
Front yard depth: 15 feet.
(3) 
Rear yard depth: 25 feet.
(4) 
Side yard depth, each side: 15 feet.
(5) 
Lot width: 100 feet.
(6) 
Maximum lot coverage: 50%
(7) 
Maximum building height: three stories or 35 feet, except institutional uses may be 45 feet if approved by the Board of Zoning Appeals.
A. 
Purposes. This district provides for the continuation of the Town's core area which generally contains a mixture of residential, commercial and public service uses.
B. 
Principal permitted uses and structures. Only the following principal uses and structures are permitted in the TC District:
(1) 
Single-family detached dwellings, including prefabricated sectional dwellings.
(2) 
Two-family detached duplex dwellings.
(3) 
Dwelling unit in conjunction with a principal nonresidential use.
(4) 
Conversion of a dwelling unit or other structure into an apartment containing more than two dwelling units.
(5) 
Conversion of a single-family dwelling or other building into not more than two dwelling units, provided that the lot area per dwelling unit and yard, building and other requirements for dwellings in the zoning district shall not be reduced thereby, and further provided that no structural alteration of the building's exterior shall be made except as necessary for safety.
(6) 
Cluster residential development, subject to the provisions of § 250-31.
(7) 
Parks designed or intended for passive recreation or open space.
(8) 
Areas designed, equipped or intended for noncommercial active outdoor recreation, including but not limited to picnicking, field sports, tennis, swimming and the like.
(9) 
Private or membership clubs or lodges not operated commercially or conducted primarily as a business enterprise.
(10) 
Indoor recreation facilities, including but not limited to bowling alleys, theaters, skating rinks, tennis courts, and the like.
(11) 
Churches and other places of worship.
(12) 
Medical and dental offices or clinics for outpatient treatment, including accessory laboratory facilities.
(13) 
Public or private elementary or middle schools.
(14) 
Business services, including banks, credit unions, savings and loan and similar financial institutions, business and professional offices, real estate and insurance agencies, and telephone central offices and switchboards.
(15) 
Funeral homes, mortuaries and the like meeting the parking requirements of Article VII.
(16) 
Greenhouses and nurseries, including sales facilities.
(17) 
Hotels, motels and the like meeting the parking requirements of Article VII.
(18) 
Printing, photographic processing, blueprinting and similar reproduction services.
(19) 
Personal service businesses, including barbershops, beauty salons, cold storage lockers, photography studios, repair shops for appliances, bicycles, electronic equipment, guns, locks, shoes, or watches, self-service dry-cleaning or laundromats, tailoring or dressmaking.
(20) 
Restaurants and the like, except drive-in restaurants defined in Article II.
(21) 
Retail businesses intended primarily for neighborhood convenience shopping, including baked food stores, dairy product stores, food and grocery stores, fruit and vegetable stores or product stands, meat markets, and pharmacies.
(22) 
Video store.
(23) 
Agricultural uses as defined in Article II.
C. 
Special exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Appeals:
(1) 
Multifamily or single-family attached townhouse dwellings, with a maximum of six townhouses attached in any manner.[1]
(a) 
A maximum of 50% of the lot shall be covered by the total of all buildings, parking areas and loading areas, except that this maximum may be increased to 65% if the applicant proves to the Board of Appeals that all of the following conditions are met:
[1] 
All vehicle parking areas are paved in asphalt, concrete, attractive paving blocks or other surface that the applicant proves to the Board of Appeals is closely similar.
[2] 
Stormwater runoff is properly directed to avoid increased flooding of adjacent properties.
[3] 
At least one new shade tree is planted for every three parking spaces, unless the applicant proves to the Board of Appeals that there is not room for new trees considering the location of existing trees. Such trees shall be placed to buffer the parking area from nearby homes.
[4] 
All areas not approved for parking, sidewalks, porches and decks are covered by grass, trees, shrubs or other vegetative ground cover.
(b) 
The property owner shall provide parking as specified in Article VII.
(c) 
A maximum of 12 apartments shall be permitted in any building.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Bed-and-breakfast uses, limited to a maximum of six guest units, and limited to serving transient visitors to the area. Such bed-and-breakfast uses shall be owner-occupied and limited to within a single-family detached dwelling that existed prior to January 1, 1940.
(3) 
Mobile homes and parks meeting the requirements of Articles VII and IX.
(4) 
Civic buildings, including community centers, museums, post offices, libraries, fire stations and public office buildings erected or used by federal, state, county or municipal governments or agencies thereof, except educational buildings and uses.
(5) 
Essential utility equipment, as defined in Article II, provided that before construction begins on any overhead electric power line of 34.5 kilovolts or greater capacity, on any telephone trunk line including microwave facilities, or on any underground pipeline for transmission of natural gas or petroleum products, location and right-of-way plans of said lines and accessory facilities shall be submitted for the information and review of the Planning and Zoning Commission.
(6) 
Convenience store, as defined in Article II.
(7) 
Clubs/lodges.
(8) 
Drive-in restaurants.
(9) 
Parking lot or garage as a commercial enterprise, provided that such parking lot shall be screened by a solid wall, screen or fence at least three feet in height or by dense evergreen plantings of equal height.
(10) 
Taverns and the like, subject to the requirements of the Board of License Commissioners of Allegany County pursuant to the Alcoholic Beverages Article of the Annotated Code of Maryland.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Specifically prohibited uses. The following uses are specifically prohibited within the TC District:
(1) 
Junkyards.
(2) 
Sanitary landfills.
E. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the TC District:
(1) 
Signs complying with Article VIII.
(2) 
Uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(3) 
Home occupations subject to Article X.
(4) 
Rooming houses, boardinghouses or lodging houses as defined in Article II meeting the requirements of Article VII.
(5) 
Travel trailer and boat storage, provided that such stored vehicles shall not be occupied or used for dwelling purposes and shall not be located within front or side yard areas required by this chapter.
(6) 
Temporary buildings accessory to a construction project.
(7) 
Fences, walls and landscaping material, subject to requirements specified in § 250-22.
(8) 
Private garage and off-street parking areas subject to the provisions of Article VII.
F. 
Lot, yard and height requirements. The following minimum requirements shall apply to all uses and structures in the TC District, except as superseded by more restrictive provisions elsewhere in this chapter:
(1) 
Lot area: 5,000 square feet, except for permitted:
(a) 
Two-family detached duplex dwellings: 5,000 square feet per dwelling unit;
(b) 
Multifamily dwellings: 3,000 square feet per dwelling unit; or
(c) 
Single-family attached townhouse dwellings: 3,000 square feet per dwelling unit.
(2) 
Front yard depth: 10 feet.
(3) 
Rear yard depth: 15 feet.
(4) 
Side yard depth, each side: five feet.
(5) 
Lot width: 60 feet.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories or 35 feet, except institutional uses may be 45 feet if approved by the Board of Zoning Appeals.
A. 
Purposes. This district provides for the establishment of uses intended primarily to serve the daily and convenience shopping and personal service needs of residents in subsections of the Town.
B. 
Principal permitted uses and structures. Only the following principal uses and structures are permitted in the NC District:
(1) 
Dwelling unit in conjunction with a principal nonresidential use.
(2) 
Parks designed or intended for passive recreation or open space.
(3) 
Churches and other places of worship.
(4) 
Medical and dental offices or clinics for outpatient treatment, including accessory laboratory facilities.
(5) 
Convenience store, as defined in Article II.
(6) 
Clubs/lodges.
(7) 
Business services, including banks, credit unions, savings and loan and similar financial institutions, business and professional offices, real estate and insurance agencies, and telephone central offices and switchboards.
(8) 
Funeral homes, mortuaries and the like meeting the parking requirements of Article VII.
(9) 
Greenhouses and nurseries, including sales facilities.
(10) 
Hotels, motels and the like meeting the parking requirements of Article VII.
(11) 
Printing, photographic processing, blueprinting and similar reproduction services.
(12) 
Personal service businesses, including barbershops, beauty salons, cold storage lockers, photography studios, repair shops for appliances, bicycles, electronic equipment, guns, locks, shoes, or watches, self-service dry-cleaning or laundromats, tailoring or dressmaking.
(13) 
Restaurants and the like.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(14) 
Drive-in restaurants.
(15) 
Retail businesses intended primarily for neighborhood convenience shopping, including baked food stores, dairy product stores, food and grocery stores, fruit and vegetable stores or product stands, meat markets, and pharmacies.
(16) 
Video store.
(17) 
Agricultural uses as defined in Article II.
C. 
Special exceptions. Only the following principal uses and structures are permitted as special exceptions after approval by the Board of Appeals:
(1) 
Single-family detached dwellings, including prefabricated sectional dwellings.
(2) 
Conversion of a single-family dwelling or other building into not more than two dwelling units, provided that the lot area per dwelling unit and yard, building and other requirements for dwellings in the zoning district shall not be reduced thereby, and further provided that no structural alteration of the building's exterior shall be made except as necessary for safety.
(3) 
Mobile homes and parks meeting the requirements of Articles VII and IX.
(4) 
Areas designed, equipped or intended for noncommercial active outdoor recreation, including but not limited to picnicking, field sports, tennis, swimming and the like.
(5) 
Private or membership clubs or lodges not operated commercially or conducted primarily as a business enterprise.
(6) 
Indoor recreation facilities, including but not limited to bowling alleys, theaters, skating rinks, tennis courts, and the like.
(7) 
Public or private elementary or middle schools.
(8) 
Civic buildings, including community centers, museums, post offices, libraries, fire stations and public office buildings erected or used by federal, state, county or municipal governments or agencies thereof, except educational building and uses.
(9) 
Essential utility equipment, as defined in Article II, provided that before construction begins on any overhead electric power line of 34.5 kilovolts or greater capacity, on any telephone trunk line including microwave facilities, or on any underground pipeline for transmission of natural gas or petroleum products, location and right-of-way plans of said lines and accessory facilities shall be submitted for the information and review of the Planning and Zoning Commission.
(10) 
Automobile service stations, except service plaza, as defined in Article II.
(11) 
Parking lot or garage as a commercial enterprise, provided that such parking lot shall be screened by a solid wall, screen or fence at least three feet in height or by dense evergreen plantings of equal height.
(12) 
Taverns and the like, subject to the requirements of the Board of License Commissioners of Allegany County pursuant to the Alcoholic Beverages Article of the Annotated Code of Maryland.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Specifically prohibited uses. The following uses are specifically prohibited within the NC District:
(1) 
Junkyards.
(2) 
Sanitary landfills.
E. 
Accessory uses and structures. The following accessory uses and structures shall be permitted in the NC District:
(1) 
Signs complying with Article VIII.
(2) 
Uses and structures that are clearly customarily accessory and directly incidental to the permitted principal uses and structures.
(3) 
Home occupations subject to Article X.
(4) 
Travel trailer and boat storage, provided that such stored vehicles shall not be occupied or used for dwelling purposes and shall not be located within front or side yard areas required by this chapter.
(5) 
Temporary buildings accessory to a construction project.
(6) 
Fences, walls and landscaping material, subject to requirements specified in § 250-22.
(7) 
Private garage and off-street parking areas subject to the provisions of Article VII.
F. 
Lot, yard and height requirements. The following minimum requirements shall apply to all uses and structures in the NC District, except as superseded by more restrictive provisions elsewhere in this chapter:
(1) 
Lot area: 5,000 square feet, except for permitted:
(a) 
Two-family detached duplex dwellings: 5,000 square feet per dwelling unit;
(b) 
Multifamily dwellings: 3,000 square feet per dwelling unit; or
(c) 
Single-family attached townhouse dwellings: 3,000 square feet per dwelling unit.
(2) 
Front yard depth: 10 feet.
(3) 
Rear yard depth: 15 feet.
(4) 
Side yard depth, each side: five feet.
(5) 
Lot width: 60 feet.
(6) 
Maximum lot coverage: 80%.
(7) 
Maximum building height: three stories or 35 feet, except institutional uses may be 45 feet if approved by the Board of Zoning Appeals.