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Town of Westernport, MD
Allegany County
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A. 
The regulations for each district pertaining to minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum height, and minimum required yards shall be as specified in Article IV, subject to any further applicable dimensional requirements or exemptions specified elsewhere in this chapter.
B. 
The minimum lot areas specified in Article IV are based upon the availability of a centralized water supply system and a centralized sewage disposal system.
C. 
Measurements of minimum land area and yards pursuant to Article IV shall not include any land within the right-of-way of any existing or proposed street.
D. 
The uses listed in Article IV shall only be permitted in zoning districts in accordance with other provisions specified elsewhere.
A building may be constructed, provided that the yard requirements in Article IV are observed, on any lot which was lawful when created and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed; provided, however, that this exception shall not apply to any two or more contiguous lots in a single ownership at or subsequent to the effective date of this chapter in any case where a reparceling or replotting could create one or more lots which would conform to the above provisions.
The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred after the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
When there is an existing building on each of the lots adjoining the lot on which a building is proposed to be erected, and where each such existing building lies within 100 feet of such proposed building and lies nearer to the street line than the required front yard depth elsewhere specified in this chapter, and when each such existing building is within 100 feet of the proposed building, then:
A. 
The average of the existing front yard depths of such adjoining lots shall be the minimum required front yard depth for the lot on which the proposed building is to be erected; or
B. 
The building may be erected to align with one of the existing building's front, rear and side yard depths that adjoin the lot.
A. 
Subject to § 250-22, the provisions of Article IV shall not apply to fences or walls which are less than six feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor level of the ground story.
B. 
Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and ladders may extend into any required yard not more than four feet, provided that such projections (excepting eaves) are not over 10 feet in length.
C. 
The yard requirements of Article IV shall not apply to off-street parking areas or to accessory signs, except as expressly provided in Articles VII and VIII, and except as provided in § 250-22.
On every corner lot abutting the intersection of two streets, a triangular area within the lot shall remain clear of any structure, wall, fence, planting or other visual obstruction which might cause danger to traffic by obscuring the view across the lot between the height of two feet and seven feet above the level of the intersecting streets; such triangular area shall be delineated by a line drawn across the lot to connect points on the two street lines at a distance of 25 feet from the intersection of the street lines.
Completely detached accessory buildings may occupy required side and rear yards but shall not be located closer than five feet to any side or rear property line.
A. 
Accessory structures or buildings shall be set back at least three feet from alley rights-of-way and from lot lines, except that:
(1) 
Such setback shall be six feet in the SR District for structures over 100 square feet of floor area;
(2) 
No setback is required along the same lot line along which buildings (such as townhouses) are attached; and
(3) 
Any animal shelter shall meet principal building setbacks, unless a more restrictive provision is stated elsewhere in this chapter.
B. 
Satellite dish antenna. No freestanding satellite dish antenna with a dish diameter of one foot or greater shall be located within:
(1) 
The required minimum front yard setback; and
(2) 
Any setback that would apply to an accessory structure.
C. 
Corner lots. If a lot is adjacent to two streets, any accessory structure shall meet the minimum side yard requirements for a principal building along the street that is not the front lot line.
D. 
Patio. Ground-level residential patios are not required to be set back from lot lines.
E. 
All outdoor spas/hot tubs shall be completely enclosed by a wall or fence at least four feet high and designed to prevent the unauthorized entry by children or other persons.
F. 
Swimming pools.
(1) 
The water surface of a private swimming pool shall be set back at least six feet from the lot line of any abutting dwelling.
(2) 
Any man-made swimming pool with a water depth of greater than 24 inches and a surface area greater than 100 square feet shall be surrounded by a fence with a minimum height of four feet. The sides of an aboveground pool may count towards such requirement if the sides are at least four feet in height above the adjacent ground level and are designed to deter climbing by small children. Any gate shall be self-closing and self-latching. Any ladder to an aboveground pool shall be designed to be raised above four feet when not in use or include a self-closing and self-latching gate.
G. 
Fences, walls, and hedges may be located in required yards subject to the following:
(1) 
Safe sight distances (§ 250-21) shall not be obstructed.
(2) 
Fences and walls not exceeding four feet in height above the elevation of the ground may be located in any yard, except that chain-link metal fences shall be limited to three feet in height.
(3) 
Fences and walls not exceeding six feet in height above the elevation of the ground are permitted provided they are outside of a required minimum front yard.
(4) 
Fences higher than six feet, but less than eight feet, may be permitted in a required yard if the applicant proves to the Zoning Administrator that such height and location are necessary to help protect against a potential safety hazard. Any height greater than eight feet will require approval from the Board of Zoning Appeals.
All yards adjoining public streets, except yards adjoining alleys, shall be deemed front yards.
No principal building or structure shall exceed 35 feet or three stories in height, and no accessory building or structure shall exceed 20 feet in height; provided, however, that said height limitations shall not apply to barns, windmills, silos, or other accessory farm structures, or to belfries, steeples, spires, electric, broadcasting or utility poles, equipment or towers, water towers, chimneys or smokestacks, flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways, or to tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building.