Oakland City Zoning Code
ARTICLE IV
Use Regulations
§ 300-11 Applicability of regulations.
A.
Unless otherwise provided by law or specifically by this chapter, no land, building or structure shall be used, or occupied for the purpose of a use, unless that use is specifically permitted in the zoning district in which the land, building or structure is located, under the provisions of this article.
B.
No building or structure shall be located on any lot within the Town unless for a use permitted in the zoning district in which that lot is located by the provisions of this article, nor shall any building or structure be used unless its location is in conformance with the provisions of this article, and Articles V and VI governing dimensional requirements and off-street parking and loading.
§ 300-12 Uses by right; uses not permitted; uses by special exception.
C.
A use listed in § 300-16 may be permitted as a special exception in any zoning district under which it is denoted by the letters "SE," provided that approval for said use has been granted by the Board of Appeals pursuant to Article X, and further provided that said use shall be subject to the conditions and requirements specified in § 300-16 and elsewhere in this chapter and to such further requirements as the Board of Appeals may establish in granting the special exception.
§ 300-13 Uses subject to other regulations.
A.
Uses permitted by right or by special exception shall be subject, in addition to the requirements of the use regulations set forth in this article, to such other regulations governing yards, lot size, lot width, building coverage, height, off-street parking, and to such other provisions as are specified in the various articles hereof.
B.
No use shall be permitted except in compliance with the laws of the state and the regulations of the Garrett County Health Department regarding water supply and waste disposal. No zoning permit shall be issued until approval is obtained from the Garrett County Health Department for water supply and waste disposal.
§ 300-14 Preexisting special exception uses.
Any use lawfully existing on the effective date of this chapter which is classified as requiring a special exception in the zoning district in which it is located shall be governed by the provisions of Article VIII, Nonconformities.
§ 300-15 Temporary accessory uses.
The Zoning Administrator may grant a permit for a nonconforming temporary building or use incidental to a construction project when such building or use is reasonably required for such project, as provided in § 300-63B hereof.
§ 300-16 Table of Use Regulations.
The Table of Use Regulations is included at the end of this chapter.
§ 300-17 Specific prohibitions all districts.
[Amended 1-7-2008 by Ord. No. O2007-09; 12-7-2015 by Ord. No. O2015-10]
The following specific prohibitions shall apply to all land located within the Town, irrespective of its zoning category or its use, unless specifically and expressly permitted by these regulations.
A.
The following shall not be permitted to be located upon any land within the Town:
(1)
Junked or abandoned automobiles, buses, trucks, or vehicles of any kind, except as provided for in Chapter 271, Vehicles, Abandoned.
(2)
Debris, junk, discarded materials or refuse of any kind, unless normal household refuse, placed in a proper container and awaiting removal by Town trash collectors.
(3)
Used lumber, construction materials, parts, discarded machinery, car or vehicle parts, unless stored in a garage, or storage building, out of sight.
(4)
Refrigerators, furniture other than lawn and garden furniture, bathroom appliances or household accessories or appliances of any kind.
(5)
Outdoor furnaces.
(6)
Portable toilets, except for construction use and special events, which are temporary in nature.
B.
Any use specifically prohibited by this Code, the Garrett County Code, state or federal law shall not be permitted.
§ 300-18 Satellite TV dishes, TVRO dishes or stations, earth stations and similar devices. [1]
Satellite TV dishes, TVRO dishes or stations, and earth stations and the like shall not be permitted in the front yard, as defined herein, of any lot located within a residential district within the Town of Oakland. Satellite dishes shall be subject to the setback requirements as set forth in Article V hereof. Digital satellite system dishes, of no more than 39 inches in diameter, are exempted from the operation of this section.
§ 300-19 Vending machines.
Vending machines shall not be permitted on the sidewalks or the streets of Oakland in any zoning district.
§ 300-20 Violations of specific prohibitions; removal of offending violations.
Where the Zoning Administrator finds a violation of the specific prohibitions set forth in § 300-17, 300-18 or 300-19 above, he shall give written notice to the property owner to remove the offending violation(s) within 30 days of the date of the notice. In the event that the violation(s) is not abated or removed to the satisfaction of the Zoning Administrator, the Town shall have the right, in addition to any other remedies or penalties set forth in these regulations, to enter upon the said property and to remove the offending violation(s) and to assess the property owner for the cost thereof, and such assessment shall be collectible under the laws of Maryland as in any other legitimate Town charge or assessment.
§ 300-21 Lighting and noise. [1]
Where the development of any property located in any zoning classification permitting industrial or commercial-type uses (CBA, EC and C Zones) is proposed, and where such district adjoins a residential district (SR, TR, and PD), the developer thereof shall be responsible for providing, to the satisfaction of the Zoning Administrator, reasonable screening and sound insulation to protect the neighborhood from glare, noise and other disturbances.