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Hampstead City Zoning Code

ARTICLE I

General Provisions

§ 135-1 Purpose.

The purpose of this chapter is to:
A. 
Promote the health, safety, morals and the general welfare of the community by regulating and restricting the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the density of population; the size of lots, yards, courts and other open spaces; and the location and use of buildings, structures and land for trade, industry, residence and other purposes.
B. 
Provide for adequate light and air.
C. 
Prevent congestion and undue crowding of land.
D. 
Secure safety from fire, panic and other danger.
E. 
Conserve the value of property.

§ 135-2 Effective date; applicability.

This chapter shall take effect on the 26th day of December 1972, and shall apply to all lands, buildings, properties and their uses within the corporate limits of the Town of Hampstead.

§ 135-3 Definitions and word usage.

A. 
For the purposes of this chapter, certain terms used are herein defined as follows:
ACCESSORY USE
A use of a building, lot or portion thereof, which is incidental and subordinate to the principal use of the main building or lot.
AGRICULTURE or AGRICULTURAL PURPOSES
The raising of farm products for use or sale, including animal or poultry husbandry, and the growing of crops, such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil.
APARTMENT
An area within a structure arranged or designed for occupancy by one family.
APARTMENT HOUSE
Any building arranged, designed or used for rent or occupancy, or cooperatively owned by its occupants, having three or more family units, and with a yard, compound, service or utilities in common.
BEDROOM
A room marketed, designed, or otherwise likely to function primarily for sleeping.
[Added 12-12-2006 by Ord. No. 429]
BOARD
Refers to the Board of Appeals.
BUILDING LINE
The line established by law, beyond which a building shall not extend, as determined herein by front, side and rear yards.
BUILDINGS
Any structure enclosed within exterior walls for the enclosure, shelter or protection of persons, animals or chattels.
COMMISSION
Refers to the Planning and Zoning Commission.
COMMUNICATION ANTENNA
A directional or omnidirectional device which transmits or receives communication, including radio, television and personal wireless services. A communication antenna is mounted on a communication tower or on another structure or building. "Communication antenna" does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to a residential use.
[Added 10-13-1998 by Ord. No. 319]
COMMUNICATION TOWER
A structure to support radio, television and personal wireless transmission antenna; microwave relay tower; monopole; and similar structures for transmission or reception and retransmission of electronic signals. Communication towers include accessory equipment buildings that do not have office space.
[Added 10-13-1998 by Ord. No. 319]
(1) 
A freestanding tower stands without support of guy wires or cables.
(2) 
A guyed tower depends upon a pattern of supporting cables for its stability.
COMMUNICATION TOWER COMPLEX
[Added 10-13-1998 by Ord. No. 319]
(1) 
Any single parcel of land on which are situated or proposed to be situated two or more communication towers; or
(2) 
More than one tower being used for a common purpose or enterprise and location on contiguous parcels.
COMPANION ANIMAL
Any animal that is commonly kept by persons as a pet or for companionship, including but not limited to domesticated dogs and domesticated cats.
[Added 9-21-2010 by Ord. No. 479]
CONDITIONAL USES
Uses which are specified for Board of Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with § 135-265. The term "conditional use" shall constitute the same meaning as "special exception," specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.
CONSTRUCTION STARTED
For the purposes of this chapter, construction will be deemed to have begun when all of the necessary excavation and piers and/or footings of one or more buildings or structures covered by the permit have been completed.
DWELLING
Any building which is arranged, designed or used, in whole or in part, for residential purposes, but not including a tent, cabin, trailer or mobile home or a room in a hotel or motel.
DWELLING, MULTIFAMILY
A detached building or a group of attached and semidetached buildings, designed for or used exclusively for residential purposes by more than two families or more than two housekeeping units.
DWELLING, SINGLE-FAMILY
A detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
DWELLING, TWO-FAMILY
A detached building with one dwelling unit above the other (duplex) or two semidetached dwelling units located on abutting lots or on the same lot, separated by a party wall without openings, in either case designed for or used exclusively for residential purposes by not more than a total of two families or more than two housekeeping units.
[1]
[Amended 12-16-1991 by Ord. No. 226]
EXOTIC ANIMAL
Any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include but are not limited to any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:
[Added 9-21-2010 by Ord. No. 479]
(1) 
Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
(2) 
Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats).
(3) 
Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs),
(4) 
Ursidae (all bears).
(5) 
Reptilia (all venomous snakes, all constricting snakes).
(6) 
Crocodilia (alligators, crocodiles).
(7) 
Proboscidea (elephants).
(8) 
Hyaenidae (hyenas).
(9) 
Artiodactyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats).
(10) 
Procyonidae (raccoons, coatis).
(11) 
Marsupialia (kangaroos, opossums).
(12) 
Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules).
(13) 
Edentara (anteaters, sloths, armadillos).
(14) 
Viverridae (mongooses, civets, and genets).
EXPLOSIVES
Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
EXTRACTIVE OPERATIONS
The extracting or mining of sand, gravel, limestone, soapstone or building stone.
FAMILY
One or more persons occupying a single housekeeping unit.
FARM
An area of land used for agricultural purposes, as defined in this section, and which provides a primary source of income for the occupant or owner.
FARM ANIMAL
Any animal commonly used by persons for use, draft or pleasure purposes. The definition of "farm animal" includes but is not limited to: poultry, rabbits, cattle, swine, sheep, goats and horses.
[Added 9-21-2010 by Ord. No. 479]
FENCE
Any structure or barrier that is naturally grown or constructed for purposes of confinement, means of protection or use as a boundary.
[Added 12-12-2006 by Ord. No. 429]
FERAL CAT
A domestic cat that does not appear by its behavior or appearance and possibly location found to have been domesticated. A domestic cat that is not tame and behaves as if it were wild.
[Added 6-11-2013 by Ord. No. 500]
FLEX SPACE
A building that is designed in modular bays to accommodate business of varying sizes, and used for offices, research and development, light manufacturing, assembly, storage, sales, and similar uses, including business community support retail up to 15% of the buildings in the project. Flex space buildings have rear loading only and generally have 25% or more of the space in any bay devoted to office use.
[Added 4-8-2008 by Ord. No. 444]
FOOD COURT
A common area within a building or facility with multiple food vendors and provides a common area for sit-down dining. The food may also be ordered as takeout for consumption at another location.
[Added 7-13-2021 by Ord. No. 541]
GARAGE SALE
Also called a "yard sale" or "moving sale." The occasional sale of surplus personal property held on premises by the owner or occupant of a lot in a residential district.
[Added 12-12-2006 by Ord. No. 429]
GARAGE, RESIDENTIAL
An accessory building, portion of a main building or building attached thereto used for the storage of private motor vehicles, 50% of which may be for the storage of a commercial vehicle.
GARAGE, SERVICE
A garage, other than a residential garage, where motor vehicles, trailers or other types of equipment are stored, equipped for operation, repaired or kept for remuneration, hire or sale.
HEALTH DEPARTMENT
The Carroll County Department of Health.
[Amended 12-12-2006 by Ord. No. 429]
HISTORIC DISTRICT COMMISSION
Refers to the Historic District Commission authorized in accordance with Article 66B of the Annotated Code of Maryland.
HOME-BASED BUSINESS
An in-home commercial activity operated in a residential dwelling by one or more family members who reside within the dwelling.
[Added 3-8-2005 by Ord. No. 408]
HOME OFFICE or OCCUPATION
An in-home office or economic activity operated in a residential dwelling by a family member residing within the dwelling.
[Added 3-8-2005 by Ord. No. 408[2]]
HOSPITAL, CLASS A
A hospital which does not primarily treat communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients and is not a penal or correctional institution.
HOSPITAL, CLASS B
A hospital which does primarily treat the types of cases noted in a Class A hospital above and which may be a penal or correctional institution.
INDUSTRIAL PARK
The division of a tract of land, which is eminently suitable for industrial use, into small tracts or parcels, according to a Comprehensive Plan, for occupancy by a group of industries and which has streets and utilities.
[Amended 8-11-1998 by Ord. No. 316]
KENNEL
Any building or structure and/or land used, designed or arranged for the housing, boarding, breeding or care of more than three adult dogs, which are kept or bred for hunting, sale, exhibition or domestic use, or other domestic animals which are kept or bred for profit, but not including those animals raised for agricultural purposes.
LAW ENFORCEMENT FACILITY
An administrative center for any public agency responsible for the public order and safety. It cannot include a holding facility which has the purpose of detaining persons charged with criminal law violations while awaiting trial or sentenced criminal offenders.
[Added 7-13-2021 by Ord. No. 541]
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, including all open spaces required by this chapter, having frontage on a street as defined herein.
LOT, CORNER
A lot abutting two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°. A lot abutting a curved street may be considered a corner lot if the angle of the roadway curve is less than 135°.
[Amended 12-12-2006 by Ord. No. 429]
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered "frontage," and yards shall be provided as required herein, except that not more than one rear yard shall be required.
LOT MEASUREMENTS
(1) 
"Depth" is the average horizontal distance between the front lot line and the rear lot line.
(2) 
"Width" shall mean the horizontal distance between side lot lines, measured at the midpoints of the side lot lines.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.
NONCONFORMING USE
A use of a building or of land lawfully existing at the time this chapter becomes effective and which does not conform to the use regulations of the zone in which it is located.
NURSING HOME
Includes:
(1) 
Rest homes, nursing homes, convalescent homes for children and homes providing chronic and convalescent care.
(2) 
An extended care, intermediate care or personal care facility, as defined within Maryland State Health Department regulations.
(3) 
An institution which admits two or more individuals for care, and who are not related to the owner or administrator.
(4) 
A domiciliary care facility, as further defined within Maryland State Health Department regulations.
(5) 
An institution which admits four or more aged and/or disabled nonrelated individuals who are not gainfully employed, and which maintains the necessary facilities and provides a protective institutional or home-type environment.
(6) 
A treatment facility for emotionally disturbed children and for adolescents, as further defined within Maryland State Health Department regulations.
(7) 
An institution for the treatment of emotionally disturbed children and/or adolescents, with overnight accommodations for two or more nonrelated individuals.
OPEN SPACE
Land provided and deemed necessary and desirable for present and future residents and citizens of the area, including such land in stream valleys, natural woods, areas of unusual natural scenic beauty, local play lots, recreational walkways, pathways and planting areas in residential subdivisions.
PLANNED BUSINESS CENTER
Three or more retail stores or service establishments designed as a unit and primarily served by common accessories, such as signs, parking lots, arcades and walkways.
RESIDENCE DISTRICT
A district classified as "R-40,000," "R-20,000," "R-10,000" or "R-7,500."
[Added 10-24-1995 by Ord. No. 281]
RESTAURANT
Any establishment of which the principal business is the sale of food and of which the principal method of operation is to serve food ordered from a menu to seated customers at a table, booth or counter inside the establishment. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."
[Added 10-24-1995 by Ord. No. 281]
RESTAURANT, FAST-FOOD
Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short wait and packaged or presented so that it can readily be eaten on the premises or taken outside the premises where it is sold.[3]
[Added 10-24-1995 by Ord. No. 281; amended 7-13-2021 by Ord. No. 541]
RETIREMENT HOMES
Specifically designed multi-dwelling-unit buildings consisting of efficiency and one-bedroom dwelling units, to which occupancy is restricted to elderly citizens.
SANITARY FILL
Any premises used primarily for the disposal of garbage or any refuse by dumping, reduction, incineration or burial.
SERVICE STATION
Any area of land including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil and accessories at retail, where minor repair service is incidental and no storage or parking space is offered for rent.
SETBACK
The required minimum horizontal distance between the building line, as defined herein, and the related front, side or rear property lines.
SIGN
A name, identification, description, display, illustration or device which is affixed or represented, directly or indirectly, upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
SIGN, BUSINESS
A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
SIGN, OUTDOOR ADVERTISING
A sign structure which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
SOLAR FARM
An area of land on which a large number of ground-based solar panels are installed to generate electricity.
[Added 1-12-2021 by Ord. No. 538]
STABLE, PRIVATE HORSE
An accessory structure designed for the shelter, feeding and care of no more than two horses or ponies which are maintained on the property as pets or for domestic use, as distinguished from agricultural or commercial stables.
STREET or HIGHWAY or ROAD
Any street existing or which may be approved by the Commission. The word "street" shall also mean "road," "highway," "boulevard," "avenue," "lane" or "court."
STRUCTURE
Anything constructed, the use of which requires a fixed location on the ground or is attached to something having such location, but not including fences; power, gas, water, sewage or communication lines or poles, towers or pole structures; sidewalks; driveways; or curbs.
SUBDIVISION
The division of any tract or parcel of land into two or more lots or parcels for immediate or future sale, lease or building development. If a new street is involved, "subdivision" shall mean any division of a tract or parcel of land.
[Added 10-10-1995 by Ord. No. 276]
TEMPORARY USE
Any use which has been authorized under the provision of this chapter, which is not unlimited as to the time in which such use shall legally continue.
USE-IN-COMMON DRIVE
A private drive or road that does not meet the definition of "street" under this chapter but serves as a common vehicular access to more than one residential lot. All use-in-common drives serve only as access to the lots on the drive and cannot be considered as streets for legal frontage as required by this chapter.
[Added 12-12-2006 by Ord. No. 429]
UTILITIES
Roads (public and private), underground or overhead electrical, gas, communications, stormwater management, water quality, water and sewerage systems, including poles, towers or pole structures, wires, lines, mains, drains, dams, swales, outfalls, sewers, conduits, cables, fire alarm boxes, public telephone stations, police call boxes, traffic signals, fire hydrants, regulating and measuring devices and the structures in which they are housed and other similar equipment, structures and accessories in connection therewith. It does not include buildings, yards or stations used for storage, repair or processing of equipment or material and does not include buildings, yards, stations or substations for transforming, boosting or switching purposes, where such facilities are constructed on the ground.
[Amended 1-19-1993 by Ord. No. 230]
VARIABLE MESSAGE SIGN (ELECTRONIC)
A sign capable of displaying words, symbols, figures and/or images electronically. This definition shall include light-emitting diode (LED) or similar screens.
[Added 4-13-2010 by Ord. No. 476]
VARIABLE MESSAGE SIGN (MANUAL)
A sign which is capable of change of copy through the manual changing of text, symbols or numbers. These signs also are referred to as "reader board panels."
[Added 4-13-2010 by Ord. No. 476]
VARIANCE
A relaxation of the regulations and requirements listed in § 135-259, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
[Amended 10-24-1995 by Ord. No. 281]
YARD
An open space on the same lot with a principal building(s) and/or principal use, which lies between such building(s) and/or principal use and the lot line and is open and unoccupied from the ground up.
[Amended 12-12-2006 by Ord. No. 429]
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. Where a lot abuts or adjoins two or more streets each yard adjoining or abutting a street shall be considered a front yard.
[Amended 12-12-2006 by Ord. No. 429]
YARD, FRONT (PRIMARY)
The Planning and Zoning Commission may, as part of the site plan or subdivision review process, designate one front yard on any corner lot as the primary front yard. Where such designation does not exist on the approved site plan or subdivision plat, the Planning and Zoning Commission may, upon the request of the property owner, designate one front yard of any corner lot as the primary front yard.
[Added 12-12-2006 by Ord. No. 429]
YARD, FRONT (SECONDARY)
On any corner lot where a primary front yard has been properly designated by the Planning and Zoning Commission, all other front yards shall be considered secondary front yards.
[Added 12-12-2006 by Ord. No. 429]
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING CERTIFICATE
A written statement issued by the Zoning Administrator authorizing buildings, structures or uses in accordance with the provisions of this chapter.
[1]
Editor's Note: The former definition of “essential utility equipment,” which previously followed this definition, was repealed 1-19-1993 by Ord. No. 230.
[2]
Editor's Note: This ordinance also repealed the former definition of "home occupation."
[3]
Editor's Note: The former definitions of "restaurant, fast-food cafeteria," "restaurant, fast-food carry-out," and "restaurant, fast-food drive-in," added 10-24-1995 by Ord. No. 281, as amended, which definitions immediately followed this definition, were repealed 7-13-2021 by Ord. No. 541.
B. 
Word usage. Words used in the present tense include the future tense. Words used in the singular number shall include the plural number; words in the plural number shall include the singular number. The word "shall" is always mandatory; the word "may" is permissive. "Now" shall mean at the time of the adoption of these regulations; "hereafter" shall mean after the adoption of these regulations. The word "person" shall include a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
[Amended 7-10-2001 by Ord. No. 346]