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ZONING ORDINANCE Somerset County, Maryland

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ZONING ORDINANCE Somerset County, Maryland SOMERSET COUNTY ZONING ORDINANCE Somerset County, Maryland Recommended by the Somerset County Planning and Zoning Commission on August 3, 2000 Adopted by the Somerset County Board of County Commissioners on December 19, 2000 The Effective date of this Ordinance #741 shall be February 5, 2001 Amendments to the Zoning Ordinance Ordinance #768 effective December 3, 2001 Ordinance #781 effective February 26, 2002 Ordinance #905 effective November 1, 2005 Ordinance #906 effective January 1, 2005 Ordinance #920 effective July 1, 2006 Ordinance #972 effective June 13, 2008 Ordinance #979 effective August 1, 2008 Ordinance #981 effective August 21, 2008 Ordinance #984 effective October 1, 2008 Ordinance #985 effective October 1, 2008 Ordinance #1018 effective November 9, 2010 Ordinance #1034 effective March 16, 2010 Ordinance #1062 effective July 20, 2013 Ordinance #1071 effective February 1, 2014 Ordinance # 1080 effective July 29, 2014 Ordinance #1111 effective August 9, 2016 Community Planning and Zoning Consultant Urban Research and Development Corporation Bethlehem, Pennsylvania CONTENTS PAGE ORDINANCE ESTABLISHED SECTION 1 ESTABLISHMENT OF DISTRICTS ....................................................................... 1-1 1.1 Zoning Maps .................................................................................................................... 1-1 1.2 Replacement of Zoning Maps .......................................................................................... 1-1 1.3 Critical Area Maps ........................................................................................................... 1-1 1.4 Changes to Critical Area Maps ........................................................................................ 1-2 SECTION 2 INTERPRETATION OF DISTRICT BOUNDARIES ............................................ 2-1 SECTION 3 APPLICATION OF DISTRICT REGULATIONS ................................................. 3-1 SECTION 4 NONCONFORMITIES .............................................................................................. 4-1 4.1 Purposes ........................................................................................................................... 4-1 4.2 Nonconforming Lots of Record; Critical Area District ................................................... 4-1 4.3 Nonconforming Uses ...................................................................................................... 4-3 4.4 Nonconforming Structures .............................................................................................. 4-3 4.5 Conditions ....................................................................................................................... 4-4 4.6 Elimination of Certain Nonconformities ......................................................................... 4-4 4.7 Repairs and Maintenance ................................................................................................. 4-5 4.8 Special Exception Uses are Not Non-Conforming Uses ................................................. 4-5 4.9 Nonconforming Yards and Lot Area ............................................................................... 4-5 SECTION 5 ZONING DISTRICTS ................................................................................................ 5-1 5.1 Purposes of Each Zoning District .................................................................................... 5-1 5.2 Permitted Uses in Each Zoning District .......................................................................... 5-2 a. Agricultural Uses ......................................................................................................... 5-3 b. Residential Uses .......................................................................................................... 5-5 c. Public or Institutional Uses ......................................................................................... 5-6 d. Commercial Uses ........................................................................................................ 5-9 e. Industrial Uses ........................................................................................................... 5-13 f. Miscellaneous Uses ................................................................................................... 5-17 g. Accessory Uses ......................................................................................................... 5-18 5.3 Additional Provisions in the AP Airport District .......................................................... 5-20 5.4 BT Business and Technology Corridor District ............................................................ 5-20 5.5 Additional Provisions in the O-C Overlay Commercial District ................................... 5-21 5.6 Dimensional Requirements in Each Zoning District, other than Attached Housing .......................................................................................................... 5-24 5.7 Standards for Attached Housing .................................................................................... 5-29 5.8 Additional Requirements for Specific Uses .................................................................. 5-31 5.9 Optional Transfer of Development Rights .................................................................... 5-40 i CONTENTS (Continued) PAGE SECTION 6 GENERAL REGULATIONS ..................................................................................... 6-1 6.1 Off-Road Loading ........................................................................................................... 6-1 6.2 Off-Road Parking ........................................................................................................... 6-1 6.3 Essential Services ............................................................................................................ 6-6 6.4 Visibility at Intersections ................................................................................................. 6-6 6.5 Structure Permitted Above Height Limit ......................................................................... 6-7 6.6 Reduction of Front Yard; Corner Lots ............................................................................ 6-7 6.7 Waterfront Development Requirements .......................................................................... 6-8 6.8 Cluster Subdivision .......................................................................................................... 6-8 6.9 On-Site Signs ................................................................................................................. 6-10 6.10 Off-Site Signs ................................................................................................................ 6-12 6.11 Permitted Signs in All Districts ..................................................................................... 6-13 6.12 Screening and Buffer Areas ........................................................................................... 6-14 6.13 Critical Areas (Repealed – See Critical Area Ordinance) 6.14 Site Plans ....................................................................................................................... 6-15 6.15 Growth Allocation Floating District (Repealed – See Critical Area Ordinance) 6.16 BAO Big Annemessex River Watershed Overlay District ............................................ 6-20 6.17 Stream Buffers ............................................................................................................... 6-23 6.18 Rare, Threatened and Endangered Species Habitats ..................................................... 6-24 See also the following separate County Ordinances: Floodplain Ordinance, Subdivision Ordinance, Forest Conservation Ordinance, Erosion Control Ordinance, and Stormwater Ordinance. SECTION 7 ADMINISTRATION AND ENFORCEMENT ........................................................ 7-1 7.1 Administration and Enforcement ..................................................................................... 7-1 7.2 Zoning Certificate Required ............................................................................................ 7-2 7.3 Application for Zoning Certificate .................................................................................. 7-2 7.4 Zoning Occupancy Permits for New, Altered, or Non-Conforming Uses ...................... 7-2 7.5 Time Limits on Zoning Approvals and Permits (Expiration) .......................................... 7-3 7.6 Construction and Use to be Consistent with Applications and Approvals ...................... 7-4 7.7 Complaints and Investigations of Violations ................................................................... 7-4 7.8 Similar Uses; Uses Not Addressed by this Ordinance .................................................... 7-5 SECTION 8 BOARD OF APPEALS: PROCEDURE ................................................................... 8-1 8.1 Proceedings of the Board of Appeals .............................................................................. 8-1 8.2 Hearings, Appeals, Notices ............................................................................................. 8-1 8.3 Stay of Proceedings ......................................................................................................... 8-2 ii CONTENTS (Continued) PAGE SECTION 9 THE BOARD OF APPEALS: POWERS AND DUTIES ........................................ 9-1 9.1 Administrative Review ..................................................................................................
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