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Ocean City City Zoning Code

ARTICLE III

ZONING DISTRICTS ESTABLISHED; ZONING MAP

Sec. 110-221.- Districts established.

In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes, and to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:

(1)

Residential districts.

a.

R-1 single-family residential district.

b.

R-2A low density multiple-family residential district.

c.

R-2 medium residential district.

d.

R-3A moderate residential district.

e.

R-3 general residential district.

f.

MH mobile home residential district.

(2)

Commercial districts.

a.

BM-1 bayside marine district.

b.

DM downtown marine district.

c.

LC-1 local commercial district.

d.

SC-1 shopping center district.

e.

BMUD bayside mixed use district.

f.

BC-1 boardwalk commercial district.

g.

BC-2 boardwalk commercial district.

h.

DMX downtown mixed use district.

(3)

Manufacturing district.

a.

M manufacturing district.

(4)

Special districts.

a.

BR beach reserve district.

b.

BT-R and BT-S beach transfer overlay districts.

c.

PF pier franchise district.

d.

RC-1 resource conservation district.

e.

P/G-1 public/governmental district.

f.

Planned, amusement and commercial marine overlay districts.

g.

Downtown design overlay zone district.

h.

DR downtown residential district.

i.

I-1 inlet district.

j.

Upper downtown design overlay zone district.

(Code 1999, § 110-221; Ord. No. 1993-1, § 105-4.1, 1-19-1993)

State Law reference— Zoning districts authorized, Ann. Code of Md., Land Use article, § 4-201.

Sec. 110-222. - References to residential, commercial and industrial districts.

For the purpose of reference in this chapter, unless specifically provided to the contrary, the term "residential district" includes all single-family and multiple-family districts and all general and special residential districts; the term "commercial district" shall include all business, commercial and commercial marine districts; and the term "industrial district" includes all the industrial districts.

(Code 1999, § 110-222; Ord. No. 1993-1, § 105-4.2, 1-19-1993)

Sec. 110-223. - Establishment of district map.

District classifications shall be as shown on the map designated as the Zoning District Map of Ocean City, dated and signed by the Mayor and Council and attested by the city clerk upon adoption. The zoning district map, and all notations, dimensions, references and symbols shown thereon pertaining to such districts, shall be as much a part of this chapter as if fully described herein.

(Code 1999, § 110-223; Ord. No. 1993-1, § 105-4.3, 1-19-1993)

Sec. 110-224. - Revision and review of district map.

(a)

Revision of district map.

(1)

No later than March 31 of the year following adoption of the ordinance from which this chapter is derived, prints of the several sheets of the zoning district map, clearly showing the zoning district boundaries and zoning district names and designations for the incorporated area of Ocean City, shall be made available to the public.

(2)

In each calendar year thereafter, if there have been any changes in the permitted uses, zoning district boundaries, zoning regulations and classifications in the preceding year, such map or the affected sheet thereof shall be revised no later than March 31, reflecting all such changes as of December 31 of the preceding year.

(3)

Any person desiring a copy of any sheet of said zoning district map shall pay a fee as established by the Mayor and City Council of Ocean City.

(b)

Review of regulations and map.

(1)

The department shall submit an annual report on or before March 31 of each year to the commission including an index of site plan approvals, conditional uses, special exceptions, zoning map amendments and subdivision plats which occurred during the period covered by the report, and containing statements and recommendations for improving the planning and development process. The commission shall review the report to consider the following:

a.

To determine whether it is advisable to amend the regulations or the map, or both, to bring them into accord with the objectives of the comprehensive plan.

b.

To take advantage of new techniques or to encourage improved building practices which may have been developed and which may have application in Ocean City.

c.

To correct deficiencies or difficulties which may have developed in administration.

d.

For such other reasons as the commission or the board may determine.

(2)

The commission shall submit reports on its findings to the Mayor and Council.

(Code 1999, § 110-224; Ord. No. 1993-1, § 105-4.4, 1-19-1993)

Sec. 110-225. - Interpretation of district boundaries.

(a)

A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole incorporated area bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

(b)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules shall apply:

(1)

In cases where a boundary line is given a position within a street or alley, easement, canal, or navigable or nonnavigable waterway, it shall be deemed to be in the center of the right-of-way of the street, alley, easement, canal or waterway, and if the actual location of such street, alley, easement, canal or waterway varies slightly from the location as shown on the district map, then the actual location shall control.

(2)

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

(3)

Where the district boundaries as shown on the zoning district maps approximately coincide with lot lines, the lot lines shall be construed to be the district boundary line unless otherwise indicated.

(4)

In cases where district boundaries as shown on the zoning district maps do not coincide or approximately coincide with street lines, alley lines or lot lines, and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

(5)

If, because of error or omission in the zoning district map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be classified R-1 single-family residential until changed by amendment.

(6)

Whenever land abuts a waterway line, as defined in section 110-2, the landward zoning district, unless clearly denoted otherwise, shall be deemed to extend to such waterway line, and all other land and water areas beyond the waterway line shall be deemed to be in the RC-1 resource conservation district, except manmade lakes, ponds, etc., which shall be zoned as indicated on the official zoning maps.

(Code 1999, § 110-225; Ord. No. 1993-1, § 105-4.5, 1-19-1993)

Sec. 110-226. - Zoning classification of areas under water.

All areas within the limits of the incorporated area of Ocean City which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the corporate line or by a straight line projection of the district boundaries as indicated on the district maps. Straight line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the corporate limits line.

(Code 1999, § 110-226; Ord. No. 1993-1, § 105-4.6, 1-19-1993)