Accessory Structure: A structure that is a) subordinate to and serves the principal structure; b) is located on the same lot as the principal structure; and c) is not attached by any common wall or by a common roof to the main structure. Accessory structure under this Ordinance does not pertain to a separate dwelling unit not attached to the principal dwelling.

Accessory Use: A use which a) is subordinate to and services the principal use, b) takes place on the same lot as the principal use, and c) is a use which is clearly incidental to customarily found in connection with and, except as otherwise provided in this Zoning Ordinance, is located on the same lot as the principal use of the premises. Accessory use under this ordinance does not pertain to a separate dwelling unit not attached to the principal dwelling.

Adult Day Care Center: A facility operated to provide, with or without charge, care for four (4) or more medically handicapped adults or elderly individuals in accordance with the Title 14 of the Maryland General Health Article.

Adult Day Care Home: A facility operated to provide, with or without charge, care for two (2) or three (3) medically handicapped adults or elderly individuals in accordance with the Title 14 of the Maryland General Health Article. An Adult Day Care Home shall be permitted as a Home Occupation, and operated in accordance with Section 8.1.

Adult Use: Any business, operation, or activity, in which a significant amount of the business consists of one (1) or more of the following, and which shall only be permitted in a zoning district where the use is specifically permitted by this Ordinance:

(1)

The conduct, promotion, delivery, provision, or performance of Adult Entertainment or Material; including, but not limited to, that occurring in, a, or in connection with a cabaret, lounge, nightclub, modeling studio, bar, restaurant, club, lodge, or similar establishment; or

(2)

The sale, rental, transfer, loan, dissemination, distribution, provision or promotion of Adult Entertainment or Material, in any format, form, or medium, including, but not limited to, books, magazines, newspapers, photographs, movies, videos, DVDs, CDs, or other audio/video recordings, other electronic recordings, and/or coin-operated pay-per-view viewing devices, including, but not limited to, the operation of an Adult Book or Video Store.

Adult Bookstore or Video Store: An Adult Use, whether or not containing viewing booths, theatres, or other performance viewing source, that involves the sale, rental, transfer, loan, dissemination, newspapers, photographs, movies, videos, DVDs, CDs, or other audio/video recordings, or other electronic recordings, or in the form of merchandize, objects, items, or devices.

Adult Entertainment or Material: Any performance, depiction, or text that is intended to cause or provide, or reasonably may be expected to cause or provide, sexual stimulation, sexual excitement, or sexual gratification, and;

(a)

In which an individual or individuals appear in a state of nudity or partial nudity; or

(b)

That consists, in whole or in part, of action, activity, poses, portrayal, depiction, or description of:

(i)

Human genitals in a discernible state of sexual stimulation or arousal; or

(ii)

Any act, which is, or may be considered, sexual in nature, whether real or simulated, or physical or attempted contact with clothed or unclothed genitals, pubic areas, and female breasts.

(c)

That consists of any merchandise, object, item or device that is designed and/or marketed with the intention of causing, or that reasonably may be expected to cause, sexual stimulation, sexual excitement, or sexual gratification.

Alley: A public way that primarily provides a means of access or travel between abutting properties and which has a maximum right-of-way of less than twenty (20) feet.

Basement: Any area fully or partially below the grade adjacent to a structure.

Bed and Breakfast: A private owner-occupied, single-family detached residential dwelling containing as the primary use, an aggregate of lodging rooms offered for rent with breakfast service to transient guests within a setting reflecting a residential rather than commercial character.

Board or Board of Zoning Appeals: The Board of Zoning Appeals of the City of Frostburg, Maryland.

Boarding Unit: A use within a single-family dwelling unit allowed only when a property owner is in residence in which a room or group of rooms forming a habitable unit, used or intended to be used for living or sleeping but not for cooking or taking of meals, is provided to either one (1) individual or two (2) individuals not related to the property owner; when a housekeeping unit as defined under the definition of "Family" in this Ordinance is not created; and when supported by off-street parking for unrelated occupants as set forth in Section 6.12 of this Ordinance.

Body Art Studio: A commercial use involving the marking of skin of persons with a design by process of pricking and/or ingraining an indelible pigment or by raising scars, or similar method.

Building: A structure with a roof supported by walls, designed to be used as a place of occupancy, storage, or shelter, or commerce.

Building Code: The International Building Code, together with the revisions and amendments thereto which were most recently adopted by the Mayor and Council. As of the effective date of this Ordinance, the Mayor and Council have adopted the 2012 edition of the International Building Code.

Building Setback: A line beyond which the foundation wall, any enclosed or covered porch, vestibule, or other structure of a building or part thereof shall not project; except for the architectural features listed in Section 6.1J. For purposes of this Ordinance, the building setback shall be the same as the innermost edge of the required yards.

Building, Principal: A building that houses a principal use.

Bufferyard: A combination of a setback and a visual buffer or barrier, and is a yard or area together with the planting and/or structure required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement are designed to ameliorate potential adverse impacts between certain adjacent land uses, such as a single-family residence and a retail business.

Childcare Center: An agency, institution, or establishment, that for part or all of the day, or on a twenty-four (24)-hour basis on a regular schedule, and at least twice a week, offers or provides childcare to children who do not have the same parentage, except as otherwise provided for in law or regulation. Any childcare center must be licensed in accordance with the Family Law Article of the Annotated Code of Maryland.

Childcare Home, Family: A residence in which family childcare is provided for up to eight (8) children. Family childcare is care given to a child under the age of thirteen (13) years or to any developmentally disabled person under the age of twenty-one (21) years, in place of parental care for less than twenty-four (24) hours a day, in a residence other than the child's residence, for which the childcare provider is paid. Any family childcare home must be licensed in accordance with the Family Law Article of the Annotated Code of Maryland. A family childcare home shall be permitted as a Home Occupation, and operated in accordance with Section 8.1.

Churches and Places of Worship: Buildings regularly used for religious services or worship such as a churches, temples, synagogues or mosques.

Clubs and Lodges: Buildings or areas of land that: a) are used by recreational, civic, social, fraternal, religious, political, labor unions or similar organizations for meetings, socializing and recreation, b) are limited to use by bona fide members and their occasional guests, except for persons specifically invited for special celebrations, c) which are not open to the general public, and d) which are not operated as a for-profit business. Any use such as a tavern, restaurant or retail sales shall only be permitted if all of the requirements for such use are also met. Clubs and lodges shall not include: a) fraternities or sorority dwellings, or b) any residential uses.

Commercial: Any activity conducted with the intent of realizing a profit from the sale of goods or services.

Comprehensive Plan: The current Frostburg Comprehensive Plan, as adopted by the Mayor and Council, pursuant to the laws of Maryland, and any amendments thereto.

District: A designated area within the city wherein specific residential or business activities may occur.

Driveway: A privately owned vehicular access from a street or alley serving one (1) or two (2) lots.

Dwelling, Multifamily: A residential use consisting of a building containing three (3) or more dwelling units. For the purpose of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Dwelling, Multifamily Apartments: A multifamily residential use other than a multifamily conversion or townhouse.

Dwelling, Primary with Accessory Apartment: a residence with the external appearance of a single-family residence, but in which there is located a second living quarters on the property, which is no larger than twenty-five percent (25%) of the total floor area of the principal structure. Common terms for such use are in-law-suite or guesthouse. A primary dwelling with accessory apartment shall be limited to the occupancy limit for one dwelling unit as set forth by the zoning district.

Dwelling, Single-family Detached: A residence consisting of a single detached building containing one (1) dwelling unit.

Dwelling, Townhouse: A building consisting of three (3) or more dwelling units, with each dwelling unit sharing a common vertical wall (including, without limitation, the wall of an attached garage or porch) with at least one (1) other dwelling unit, and where each dwelling unit must occupy the space from ground to the roof and each dwelling unit must have independent outside access. Each dwelling unit is located on a separate fee simple lot.

Dwelling, Twin: One (1) dwelling unit attached to only one (1) other dwelling unit, with the dwelling units separated by a solid vertical wall, with each dwelling unit occupying the space from the ground to the roof and an independent exterior entrance, with each dwelling unit being situated on its own fee-simple lot.

Dwelling, Two-Family: A building containing two (2) dwelling units, but not including a primary dwelling with an accessory apartment. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be a two (2)-family dwelling.

Dwelling Unit: An enclosure containing sleeping, kitchen and complete bathroom facilities designed for and used, or held ready for use, as a residence by a maximum of only one (1) "family" (as defined by this Section), unless specifically stated otherwise. The minimum size of a dwelling unit shall be dictated by the effective building and property maintenance codes adopted by the Mayor and Council.

Essential Services: Facilities owned or maintained by public or private companies or public agencies that are engaged in the delivery or transport of water, wastewater, stormwater, natural gas, electric power, telecommunications, or similar services but not including new construction of a) buildings or enclosed structures greater than one thousand (1,000) SF in area; b) utility storage yards; c) overhead power transmission poles, towers, or wires; d) cellular, relay, or transmitting radio or communication towers.

Family: An individual, or two (2) or more persons who are related, or a group of not more than four (4) persons who are not related living together as one (1) common housekeeping unit in a dwelling unit, unless specifically stated otherwise (such as the applicable district regulations or the group home regulations).

Farm Animals: Animals other than household pets, which are intended to be kept for commercial and/or family food production and sale, education, or recreation. Farm Animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats, pigs, hogs and any manner of swine; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, and pigeons.

Fence: A fixed structure designed to prevent escape or intrusion or to define property.

Floor Area, Total: The gross area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Gambling: A use involving gaming, wagering, betting, or other games of chance where money or other items of value are at risk based upon the outcome of events which have not yet occurred.

Gambling Establishment: A use where the sole or primary purpose of the establishment is to offer patrons the opportunity to engage in gambling which shall include, but is not limited to, casinos or off-track betting parlors. A gambling establishment does not include fraternal clubs, religious or charitable organizations, which may, under the applicable laws of Maryland and Allegany County, utilize games of chance for fundraising activities to further charitable purposes. Gambling establishments shall not include restaurants, taverns, or stores that sell or promote games of chance sponsored or licensed by the State of Maryland.

Garage: A noncommercial structure used for the storage of vehicles and household items.

Group Home: A dwelling unit to house persons who need special care and oversight because of mental or developmental disability, old age, physical disability, physical or emotional abuse committed against themselves, or mental illness (other than mental illness that involves or has involved behavior related to violent crime). Such use shall function as a common household unit. See standards for Group Homes in Section 8.4. A Group Home shall not include any use that meets the definition of a "Treatment Center."

Historic District: See definitions in Section 4.1.

Home Occupation: A commercial activity that is a routine and customary accessory use to a dwelling unit, and that, if within a residential district, is conducted by a person on the same lot where such person resides. See standards in Section 8.1.

Hotel: See Motel.

Household: See the definition of "family."

Junkyard: An area used for the storage, dismantling, processing and/or sale of used, demolished, discarded, scrap and/or abandoned manufactured materials, including, but not limited to, furniture, tires, appliances, mobile homes, machinery, motor vehicles and their parts, and building materials.

1.

A junkyard shall also include any area used for the parking or storage of motor vehicles that do not display evidence of: (i) current valid registration, (ii) registration that expired less than ninety (90) days previously.

2.

The term junkyard shall not include: (i) a City-permitted recycling collection or recycling processing center, (ii) solid waste or recyclables within a suitable container routinely awaiting imminent proper disposal, or (iii) storage within a lawful completely enclosed storage building.

Kennel: A commercial operation that: (i) provides food and shelter and care of animals for the purpose not primarily related to medical care (a kennel may or may not run by or associated with a veterinarian), or (ii) engages in the breeding of animals for sale.

Light Wholesale and Distribution Establishments: A use primarily involving manufactured products, supplies, equipment, and/or commodities held for (a) direct sales to the consumer, and/or (b) indoor storage and subsequent distribution to other commercial entities or locations for sale or resale. Such uses shall be in similar character and scale as commercial uses within the district, and the use shall not create excess noise or traffic.

Loading Space, Off-Street: A space designed for bulk pickup and deliveries by transport or delivery vehicles and not designed as off-street parking.

Lot: A lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, lot coverage, and lot area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:

(1)

A single lot of record;

(2)

A portion of a lot of record;

(3)

A combination of complete lots of record, or complete lots of record and portions of lots of record.

(4)

A parcel of land described by metes and bounds, provided that no case of division of lots or combination of lots shall any residual lot or parcel be created which does not meet requirements of this Ordinance.

Lot Coverage: The total percentage of the lot area that is covered by all building(s) on the lot, unless specifically stated otherwise.

Lot Frontage: The front of a lot shall be the portion abutting or adjacent to the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot abutting or adjacent to streets shall be considered frontage, and front yards shall be provided along each street.

Lot Line, Front: A property line running along a public street right-of-way. If an undeveloped lot abuts or is adjacent to two (2) or more streets, the Community Development Director shall determine which is the front lot line.

Lot Line, Rear: The lot line or lines generally opposite or parallel to the front lot line. A through lot has no real lot line.

Lot of Record: A lot which is recorded as a separate parcel of land in the official property records of Allegany County, Maryland, or which is designated on a plat for development submitted for approval by the Planning Commission or Board of Zoning Appeals.

Lot Types: See diagram and definitions below.

Corner Lot: A lot located at the intersection of two (2) or more public streets.

Interior Lot: A lot other than a corner lot with only one (1) frontage on a street other than alley.

Through Lot: a lot other than a corner lot with frontage on more than one (1) public street.

Reversed Frontage Lot: a lot in which the shorter roadway frontage is at right angles, or approximately right angles, to the general pattern established by other lots in the same block and in the block on the opposite side of the street. A reversed frontage lot may be a corner lot or an interior lot.

Major Renovation: Any structural change affecting the envelope of the building or resulting in a reconfiguration of interior space.

Mayor and Council: The Mayor and City Council of the City of Frostburg, Maryland.

Mining and Quarrying: the excavation of any natural mineral deposit(s) or soil(s) for commercial sale.

Mobile Home: A dwelling unit that: (i) is not constructed in accordance with the standards set forth in the City building code applicable to houses constructed on a conventional perimeter foundation; and (ii) is composed of one (1) or two (2) main components, each of which contains a steel frame and a tongue.

Mobile Home Park: A parcel of land upon which more than one (1) mobile home is located.

Modular Home: a dwelling unit constructed in accordance with the standards set forth in the city building code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and which is designed to be supported by a conventional perimeter foundation. For the purposes of this ordinance, a modular home shall be regulated in the same manner as a site-built home. This type of home is also known as a sectional home. A modular home is not considered a mobile home.

Motel or Hotel: An establishment serving overnight transient visitors to the area and consisting of five (5) or more sleeping rooms, with each room or suite of rooms in a permanent building, and with each room or suite of rooms having its own sanitary facilities. This term shall not include a boarding unit or recreational trailer park. A motel or hotel may include an attached accessory restaurant and meeting facilities.

Non-Conforming Use: Uses of land, and or uses of structures and land in combination which were lawful before this Ordinance was passed and amended, but which would not be permitted within the applicable district established by this Ordinance, as amended.

Open Space: Land intended for recreation or conservation of natural resources, and is free of residential, business, or industrial structures and uses.

Outdoor Storage: The storage of merchandise, material or equipment of any type, in conjunction with a permitted primary use, stored within view of any residential property or public right-of-way, and in accordance with Section 6.7 of this Ordinance.

Parking Lot, Commercial: Any combination of one (1) or more parking spaces designed or used for the parking of self-propelled vehicles and available to the public whether for a fee or as an accommodation to customers or clients.

Parking Space, Off-Street: A space adequate for parking an automobile that is constructed and provided in accordance with Section 6.12 of this Ordinance.

Permitted Principal Use: A by-right use that conforms to the regulations of the applicable district and other regulations pertinent to the use. Such use or structure may be conducted or erected on any legal lot within the districts.

Planning Commission: The Planning Commission of Frostburg, Maryland.

Premises: A tract of land including the structures and buildings thereon.

Principal Use: The primary activity for which a site or a structure is used. A principal use may be either a permitted principal use or a special exception.

Programmed Open Space: A dedicated open area, designed in such a manner that the structure and use of which will not disturb the underlying character of the district, either by reason of traffic movement, noise, appearance, or other characteristics.

Property Maintenance Code: The International Property Maintenance Code together with the revisions and amendments these to which were most recently adopted by the Mayor and Council. As of the effective date of this Ordinance, the Mayor and Council have adopted the 2012 edition of the International Property Maintenance Code.

Reclassification: The changing of the zoning classification which applies to a particular area of land or structure.

Recreational Trailer: A vehicle built on a chassis designed to be pulled by another vehicle and used as a temporary dwelling for travel or recreational purposes.

Recreational Vehicle: A vehicle built to be self-propelled and used as a temporary dwelling for travel or recreational purposes.

Related or Relative: Persons who are related by blood, marriage, adoption or formal foster relationship to result in one (1) or more of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term shall not include relationships such as second or more distant cousins. This term shall include similar "step" relationships established by marriage, such as step-father or step-son.

Residence: See "Dwelling."

Restaurant, Drive-In or Drive-Through: Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can readily be eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through when or while parked.

Restaurant, Fast Food: An establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that is can readily be eaten outside or inside the premises.

Restaurant, Standard: A food serving establishment whose principal business is the sale of food and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth, or counter inside the establishment. A snack bar or refreshment stand at a public or non-profit community swimming pool, playground or park, operated solely for the convenience of its patrons shall not be considered a restaurant.

Self-Storage Facility: A commercial facility or structure in which the primary use is to provide separate indoor storage areas for personal or business use designed to allow private access by the tenant.

Semi-Public: Owned and operated by a civic or non-profit organization for the use or benefit of the general public.

Shopping Center: A group of three (3) or more retail stores, service establishments, and/or other similar uses in common ownership and designed as a unit.

Short-term Vacation Rentals: A dwelling unit in which the entire unit or separate portions thereof is available for rent for periods of less than forty-five (45) consecutive days to transient guests. Short-term vacation rentals shall conform to all applicable requirements set forth in the Short-Term Vacation Rental regulations set forth in Section 8.4 of the Zoning Ordinance.

Signs: See definitions in Part 7.

Sleeping Room: A room which is intended for people to sleep in. Such rooms that are part of a dwelling unit are not sleeping rooms.

Special Exception: A grant of a specific use that:

(a)

Would not be appropriate generally or without restriction; and

(b)

Shall be based on a finding that:

(i)

The requirements of the zoning law governing the special exception on the subject property are satisfied; and

(ii)

The use on the subject property is consistent with the plan and is compatible with the existing neighborhood.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if an average of five (5) feet or more is located above the ground level at the front of the building and if the basement includes an inside height of at least seven (7) feet.

Street: Any vehicle accessway other than a named alley that is shown on the official and current State Transportation Map for the City of Frostburg or any accessway not designated as an alley that is dedicated for public use on a plat approved pursuant to law.

Street, Private: Any accessway that is intended to provide vehicular access to multiple properties that is not dedicated as a public thoroughfare.

Street, Public: A street that is, or will be at the conclusion of construction, a City of Frostburg right-of-way, in which the street is, or will be, maintained by the City.

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Also see Historic District Definition, Structure.

Townhouse: See Dwelling, Townhouse.

Treatment Center: A building, other than a prison, providing housing facilities for persons who need specialized housing, treatment and/or counseling because of:

i)

Criminal rehabilitation, such as a criminal half-way house or a treatment/housing center for persons convicted of driving under the influence of alcohol,

ii)

Addiction to alcohol and/or a controlled substance, or

iii)

A type of mental illness that involves or has involved behavior related to violent felony crime. See also the definition of Group Home in this section.

Utility: Any entity which operates systems providing or offering to the public water filtration and supply, wastewater or stormwater collection and/or treatment, electric power, natural gas, telecommunications, or similar services.

Variance: A modification only of density, bulk or area requirements of this Zoning Ordinance where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the results of any action taken by the applicant, a literal enforcement of the Ordinance would result in practical difficulty.

Variance, Administrative: A variance that is issued by the Community Development Director, Section 1.18C(4).

Warehouse: A use primarily involving the manufactured products, supplies, equipment, and/or commodities held for a) indoor storage and subsequent distribution to other commercial entities or locations for sale or resale, and/or b) long-term indoor commercial storage.

Waste Disposal Site: A facility or location where waste, refuse, and/or discarded materials are accommodated or left to be recycled.

Waterway, Intermittent: a stream that does not have flowing surface water during dry periods of the year, but may have groundwater-based surface flow at other times.

Waterway, Perennial: a stream or part of a stream that flows continuously all of the calendar year as a result of ground water discharge or surface runoff.

Wind Energy System: A structure and related devices not to exceed seventy-five feet (75') in height designed to convert kinetic wind energy to electric power to be installed on property containing or proposed to contain a permitted use but not attached to any existing or proposed building or other structure, installed for the purpose of direct consumption either on the subject property or for connection to the electric power grid to offset the cost of power to be consumed solely on the subject property. In addition, Wind Energy Systems as defined herein are not to be considered essential services as defined in Section 1.12 herein.

Yard: A required open space unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward, provided however, that fences and walls may be permitted in any yard subject to height limitation as indicated herein.

Yard, Front: An area bounded by the front yard setback line, the front lot line and the side lot line.

Yard, Rear: An area bounded by the rear setback line and the side setback line.

Yard, Side: An area bounded by the front setback line, the rear lot line, and the side setback line.

(Ord. No. 2022-02, §§ 2, 3, 2-17-2022)