[HISTORY: Adopted by the Board of County Commissioners of Queen Anne's County 1-6-2004. Amendments noted where applicable.]
In Chapter 18, the following words have the meanings indicated:
- Having a common border with, or being separated from such a common border by an alley, easement, or right-of-way.
- ACCESS LOT
- The lot that is the sole access to an adjacent lot and by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use.
- A. A structure that:
- (1) Is subordinate to and serves a principal building or a principal use;
- (2) Is subordinate in area, extent and purpose to the principal building or use served;
- (3) Is located on the same lot as the principal building or use served except as otherwise expressly authorized by provisions of this Chapter 18; and
- (4) Is customarily incidental to the principal building or use.
- B. Does not include any portion of a principal building devoted or intended to be devoted to an accessory use.
- ACCESSORY DOCK
- A dock for not more than 10 boats that:
- ACCESSORY USE
- A use that:
- A. Is subordinate to and serves a principal structure or a principal use;
- B. Is subordinate in area, extent and purpose to the principal structure or use served;
- C. Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by this Chapter 18; and
- D. Is customarily incidental to the principal structure or use.
- An area of land equal to 43,560 square feet.
- ADAPTIVE REUSE OF AN EXISTING BUILDING
- The modification of a building to make it suitable for a
use for which it was not originally constructed. An adaptive reuse
shall not increase the floor area of the existing building by more
than 25%.[Added 9-7-2004 by Ord. No. 04-11]
- ADMINISTRATIVE SUBDIVISION
- The adjustment, movement or elimination of a common property line between two or more existing lots of record as authorized by this Chapter 18.
- The County Commissioners, the Planning Commission, the Department of Planning and Zoning, the Department of Public Works and any other agency or department of the United States, the state or the County that participates in any review or approval authorized by this Chapter 18.
- AGENCY EMPLOYEE
- Any elected or appointed official of an agency, any salaried or contractual employee of an agency and any attorney or agent of an agency.
- AGE-RESTRICTED HOUSING
- A residential complex containing multifamily or apartment
dwellings designed for and occupied by persons of 55 years or older.
Such facilities may include a congregate meals program in a common
dining area.[Added 7-10-2012 by Ord. No. 12-02]
- AGRICULTURAL CONFERENCE FACILITY
- A single facility or building located on agricultural land
to facilitate and house agricultural meetings and conferences and
other activities as permitted by § 18:1-95P.[Added 9-5-2006 by Ord. No. 06-10]
- AGRICULTURAL EASEMENT
- A nonpossessory interest in land recorded among the land records of Queen Anne's County that restricts land to agricultural uses and has been approved by MALPF, MET, Eastern Shore Land Conservancy, or similar government or nonprofit land conservancy agency or group.
- AGRICULTURAL EMPLOYMENT
- A service or activity performed in connection with the:
- A. Cultivation of soil or the raising, harvesting, handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market an agricultural or horticultural commodity in its unmanufactured state;
- B. Raising, sharing, feeding, caring for, training and management of livestock, bees or poultry; or
- C. Operation and maintenance of ditches, canals, waterways or reservoirs used exclusively for supplying or storing water for farming purposes.
- AGRICULTURAL/EQUESTRIAN ACTIVITY
- The care, breeding, boarding, rental, riding or training
of equines and other farm animals or the teaching of equestrian skill
and open houses, clinics and demonstration.[Added 2-24-2009 by Ord. No. 09-01]
- AGRICULTURAL/EQUESTRIAN EVENT
- A competition, exhibition, or other display of skills on
private lands, where an admittance fee is charged for spectators.[Added 2-24-2009 by Ord. No. 09-01]
- AGRICULTURAL/EQUESTRIAN FACILITY
- Any private land area, building or structure that is used
for an agricultural/equestrian event.[Added 2-24-2009 by Ord. No. 09-01]
- A. A commercial facility that stores or sells only agricultural equipment or products (e.g., fertilizer, grain, or seed) or processes agricultural products not grown on site.
- B. Includes, but is not limited to, agricultural tourism (e.g., farm tours, summer camps and bird watching), grain elevators, seed-drying operations, heavy farm equipment sales, and seed, fertilizer, and agricultural chemical supply stores.
- All methods of production or management of livestock, poultry, crops, vegetation and soil, other than commercial logging and timber harvesting operations; and includes but is not limited to:
- A. Tillage, plowing, seeding, fertilization, pest control, harvesting, maintenance of best management practices, and marketing;
- B. Feeding, housing, grazing, raising, and maintaining animals such as cattle, dairy cows, sheep, hogs, poultry and equine and the handling of their by-products;
- C. Orchards, nurseries, vineyards, cheese making, winery and U-pick operations; and
- D. Silviculture, sod production, and aquaculture.
- AIRPORT-RELATED USES
- A use that supports airport operations, including but not
limited to aircraft repair and maintenance, flight instruction, and
aircraft chartering, aircraft rental, and any other activity which
has a direct relationship to the operation of aircraft.[Added 8-24-2010 by Ord. No. 10-10]
- A service way providing a secondary means of access to abutting property and not intended for general traffic circulation.
- Any change, addition or modification to the provisions of this Chapter 18 or the official Zoning Maps.
- A natural or man-made feature that enhances a site.
- A level open space surrounded by an oval or portion thereof
that gradually ascends used for seating people on the sloping area
for viewing of outdoor events.[Added 2-24-2009 by Ord. No. 08-19]
- A. One or more two-to-three-story structures, that contain apartment units, on a lot or parcel including related off-street parking, common outdoor space, and may or may not include common indoor space and recreation components.
- B. Does not involve the deed restriction protection of on-site open space pursuant to standards set forth in § 18:1-12 of this Chapter 18 unless it is part of a planned residential development where common or public open space is required.
- APARTMENT UNIT
- A dwelling unit in a building containing three or more dwelling units that the occupants rent or lease from the owner of the dwelling unit.
- A procedure for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this Chapter 18 as expressly authorized by Chapter 18:1, Part 7, Article XXII, of this Chapter 18.
- An agriculture activity associated with the hatching, raising, harvesting, and breeding of fish or other aquatic plants or animals in natural or artificial aquatic situation that requires a body of water, such as a holding tank, pond, or lake, which can be naturally occurring or created by extraction activity.
- A continuous, semicovered area, adjacent to public pedestrian areas.
- A. A road intended to provide for high-speed travel between or within communities or to and from collectors and expressways. Access is controlled so that only regionally significant land uses may take direct access to these streets.
- B. Arterial highways are designated in the Queen Anne's County Comprehensive Plan.
- ARTERIAL ROAD
- A road that:
- ARTERIAL STREET
- Has the same meaning as "arterial road."
- ASSISTED LIVING PROGRAM
- A residential or facility-based program that meets the requirements
of § 19-801, Health-General Article, Annotated Code of Maryland,
as amended from time to time.[Added 9-7-2004 by Ord. No. 04-28]
- The space between the ceiling beams of the top story and the roof rafters.
- The offering for sale of new and used goods by means of a request or invitation for bids, but does not include retail stores.
- AUDIT FEE
- A fee paid by a participant attending an educational event
or activity for instruction who does not bring an animal.[Added 2-24-2009 by Ord. No. 09-01]
- AUXILIARY SIGN
- A sign that provides special information, such as direction, tenant directions, hours of operation, or warnings and that does not include names, brand names or information regarding product lines or services.
- AVERAGE GROUND ELEVATION
- The average level of the finished surface of the ground within 20 feet of a building or structure.
- BANQUET FACILITIES
- A sit-down eating and/or liquor sales establishment designed
primarily for conducting weddings, receptions, parties and similar
functions. Accessory activities, such as entertainment scheduled in
conjunction with reserved events may be permitted.[Added 2-24-2009 by Ord. No. 08-19]
- The portion of a building located partially underground, having less than 50% of its clear floor-to-ceiling height below grade and a floor-to-ceiling height of not less than 6 1/2 feet.
- BASE SITE AREA
- The total site area less any portion of the site located in another zoning district.
- A residential building:
- A. That contains a permanently occupied dwelling unit;
- B. That contains no more than five guest rooms, which may not have individual exterior entrances;
- C. That provides overnight lodging not exceeding 30 consecutive days; and
- D. Where guests may receive only one meal per day, to be served between the hours of 6:00 a.m. and 11:00 a.m.
- A room in a residence marketed, designed or otherwise likely to function primarily for sleeping.
- A. Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxic substances and sediment.
- B. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
- BUFFER YARD
- A landscaped area of land along certain zoning district boundaries and streets, and between certain uses, designed to eliminate or minimize potential nuisances and to ensure desired character along public streets.
- BUILDING CODE
- The Building Code of Queen Anne's County, adopted by the County Commissioners on January 3, 1984, as amended.
- A. The vertical distance as measured from the average ground elevation to the highest point of the structure with a flat or sloped roof; and
- B. On structures with pitched or gabled roofs, the vertical distance as measured from the average ground elevation to a point halfway between the eaves and the top of the pitch or gable; and
- C. Steeples, cupolas, and chimneys that are of limited size that do not contribute to mass and bulk are not subject to the building height; or
- D. Except as otherwise provided herein.
- BUSINESS DAY
- A day of the week, excluding Saturday, Sunday and designated holiday observances, on which the office of the Clerk to the County Commissioners is open during its customary hours of 8:00 a.m. through 4:30 p.m.
- BUSINESS DIRECTIONAL SIGN
- An off-premises sign that provides information on one or more businesses intended to provide locational information to travelers on designated arterial roads.
- The diameter measured two inches above the root collar.
- CAMOUFLAGED TELECOMMUNICATIONS FACILITY
- A telecommunications facility that is disguised, hidden, or integrated within a structure that is not a tower, or is mounted within trees so as to be screened from view. Examples of camouflaged facilities include, but are not limited to, those incorporated into a flagpole with a flag, steeple, chimney, or similar structure.
- A commercial, for-profit area used for camping and/or recreational vehicles, limited to tenancies of not more than 30 calendar days.
- The maximum number of individuals that may be accommodated by the use as determined by its design or by Fire Code regulations, whichever is greater.
- CAPITAL BUDGET
- The budget adopted by the County Commissioners from time to time, dedicated to identifying and financing needed capital improvements.
- CAPITAL IMPROVEMENTS
- Land acquisition, site development, site-related improvements, purchase of equipment, or construction of structures necessary for the expansion or construction of public schools and emergency service facilities in the County; and includes all related costs.
- CAPITAL IMPROVEMENTS PROGRAM
- The schedule of capital improvements to be undertaken by the County as determined from time to time by the County Commissioners or as set forth in the capital budget.
- CARETAKER DWELLING
- A dwelling unit that is used exclusively by either the caretaker, manager, or operator of a principal permitted use and that is located on the same parcel as the principal use.
- CARRY-OUT FOOD SERVICE
- An establishment in which the design of the physical facilities, the serving or packaging procedures permit or encourage the purchase of prepared, ready-to-eat food intended to be consumed off the premises, and where the consumption of foods in motor vehicles is neither permitted nor encouraged.
- The portion of a building located partially underground, having more than 50% of its clear floor-to-ceiling height below grade and with a floor-to-ceiling height of less than 6 1/2 feet.
- CHESAPEAKE BAY CRITICAL AREA
- All land and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland, including:
- A. All waters of, and lands under, the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetlands maps and all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland; and
- B. All lands and water areas within 1,000 feet of the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland.
- A building wherein persons regularly assemble for religious worship.
- The description of an instrument or writing by reference to the names of all parties to the instrument, the date of the instrument and the place where the instrument is recorded among the land records.
- CLUSTER SUBDIVISION
- A residential subdivision in which single-family residential dwelling units are concentrated in a discrete area of the existing lot such that significant open space is created and protected in accordance with the district regulations set forth in Chapter 18:1, Part 3, Article V, of this Chapter 18.
- COASTAL FLOODPLAIN
- An area inundated by a one-hundred-year storm as designated on the FEMA flood insurance maps whose surface elevation is seven feet or less, based on the National Geodetic Vertical Datum of 1929.
- COFFEE SHOP
- An establishment that is engaged in serving food that is primarily not prepared on the premises and beverages.
- COLLECTOR HIGHWAY
- A road that connects residential streets to the highway system and high-speed arterial roads or provides access to nonresidential uses and arterial streets.
- COLLECTOR ROAD or STREET
- A road that:
- Placement of an antenna on an existing tower, building, or other structure capable of supporting more than one antenna, dish, or similar device.
- COMMERCIAL APARTMENT
- A dwelling unit located above the first floor of a commercial building.
- COMMERCIAL FORESTRY
- Commercial logging operations and/or selective cutting or clearing primarily for commercial purposes.
- COMMERCIAL STABLE
- A building or land where horses are kept for remuneration, hire, sale or boarding.
- COMMERCIAL USE
- Any development approved by the County or a municipal corporation that involves the retail or wholesale marketing of goods and services. Commercial uses shall be categorized as follows:
- A. Any open space, private road, or other land, structure, or improvement that is designed or reserved for the common use or benefit of the property owners in any subdivision of two or more lots or other planned residential development of two or more units.
- B. Does not include any public road or other land, structure, or improvement owned by the County or the State of Maryland or any other governmental agency.
- COMPREHENSIVE PLAN
- The Queen Anne's County Comprehensive Plan text and all accompanying maps, charts and explanatory material adopted by the County Commissioners on May 21, 2002, and all amendments to the Comprehensive Plan.
- CONFERENCE CENTER
- A facility designed for the primary purpose of conducting training, discussions, meetings, conferences or seminars with attendant amenities required for such purposes and for the care of the participants, including facilities for lodging, food service and recreation.
- CONVENIENCE STORE
- An establishment where food, tobacco, drugs, periodicals, or similar items of household convenience are kept for retail sale, and which typically is open to the public beyond the normal sales hours of other retail establishments.
- A. A single-family residential dwelling, that is not a manufactured home, which may be converted or altered to accommodate two or more families in separate dwelling units, as a rental facility or condominium.
- B. Conversion dwelling shall not be defined to include additions to or expansions of existing units where not proposed in conjunction with the creation of additional residential units.
- C. Conversion dwellings can be located in districts where multifamily units are permitted by right and as conditional uses subject to the requirements of this Chapter 18.
- CORNER LOT
- The lot abutting two or more streets or roads at their intersection.
- COUNTRY INN
- A building containing not more than 20 individual rooms or suites of rooms for the purpose of providing overnight lodging facilities, not to exceed 30 consecutive days, to the general public for compensation which also offers dining facilities for guests.
- COUNTRY STORE
- A small-scale, rural store providing a limited range of retail uses designed to serve surrounding agricultural and rural residential needs and tourists.
- The County of Queen Anne's in the State of Maryland.
- COUNTY COMMISSIONERS
- The Queen Anne's County Board of Commissioners.
- COUNTY ROAD
- A road or street that is maintained by the Department of Public Works, Roads Division, and is a component of the County road system.
- COUNTY ROAD SYSTEM
- Those roads that are listed by the Department of Public Works, Roads Division, as an official County road on the Annual Highway Mileage Report as approved by the Maryland Department of Transportation.
- A written undertaking by an owner that is required by this Chapter 18 or imposed by the Planning Commission in accordance with authorization contained in this Chapter 18.
- The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cutoff) at a specific angle above the ground.
- CUTOFF ANGLE
- The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
- CUTOFF-TYPE LUMINAIRE
- A luminaire with elements such as shields, reflectors or refractor panels that direct and cut off the light at a cutoff angle that is less than 90°.
- DAY-CARE CENTER
- A building that provides day care for children or adults on a regular basis.
- The transfer of property interests from private to public ownership for a public purpose. The transfer may be fee-simple interest or of a less-than-fee interest, including an easement.
- The number of dwelling units allowed per acre of base site area, rounded to the next lowest whole number.
- The Queen Anne's County Department of Planning and Zoning.
- DEVELOPED PARCEL
- A lot on which residential density will be increased by deed restricting open space on a noncontiguous parcel.
- The legal or beneficial owner or owners of a lot or parcel of any land proposed for development, including the option or contract purchaser.
- A. The division of a parcel of land into two or more parcels;
- B. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structures;
- C. Any use or change in use of any structures or land;
- D. Any extension of any use of land; or
- E. Any clearing, grading or other movement of land for which permission may be required pursuant to this Chapter 18.
- DEVELOPMENT PLAN
- A comprehensive development plan containing information pertaining to the developed parcel and its associated noncontiguous parcels.
- DEVELOPMENT SIGN
- A sign that, by symbol or name, identifies a residential, commercial or industrial development. A development sign may also provide an index of tenants or others in the development and may contain the name and number of the sales or management agent.
- DIAMETER AT BREAST HEIGHT (DBH)
- A measurement of the size of a tree equal to the diameter of its trunk measurement at 4 1/2 feet above the natural grade.
- DIRECTIONAL SIGN
- A sign that:
- DISTRICT OPEN SPACE
- Land that is restricted under Chapter 18:1, Part 3, of Chapter 18 to open spaces and ancillary agricultural and recreational uses intended to preserve the rural and suburban character of the community.
- DOUBLE FRONTAGE LOT
- A lot whose front and rear yards abut public or private roads or streets.
- DOUBLE-WIDE MANUFACTURED HOME
- A manufactured home contained in at least two premanufactured components designed to be joined into one integral component.
- A two-family dwelling, either stacked or sharing a common wall, designed for and occupied exclusively as the residence of not more than two families, whether as renters or owners, each living as an independent housekeeping unit.
- DRIVE-THROUGH FOOD/ BEVERAGE STAND
- An establishment that by design, physical facilities, and service permits customers to receive food and beverages offered for sale to the public while remaining in their vehicles.
- A building or portion of a building that is designated or used for residential purposes.
- DWELLING UNIT
- A principal building, room or group of rooms providing, or intended to provide, living quarters for not more than one family.
- The authorization by a property owner for the use by another and for a specified purpose of any designated part of the property.
- EFFLUENT DISPOSAL
- The disposal or treatment of sewage, water, or other liquid,
either partially or completely treated, or in its natural state, whether
generated on-site or off-site; including sewage treatment plants,
berm infiltration ponds, spray irrigation facilities and other state
and County approved facilities and activities.[Amended 2-7-2006 by Ord. No. 05-11]
- EFFLUENT DISPOSAL USE
- Sewage treatment plants; community septic fields; berm infiltration
ponds; spray irrigation facilities and other state and County approved
effluent treatment facilities that dispose of or treat effluent that
is generated on or off-site.[Amended 2-7-2006 by Ord. No. 05-11]
- ELECTRONIC SIGN
- A sign whose message may be changed at intervals by electronic process or by remote control, including a device known as a "commercial electronic variable message sign."
- EMERGENCY CENTER
- An area with buildings and other accessory structures to
provide emergency and/or urgent medical services to the public.[Added 1-24-2012 by Ord. No. 11-17]
- EMPLOYEE(S) ON THE LARGEST WORK SHIFT
- The maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs and regardless of whether any employee is a full-time employee. The largest work shift may occur on any particular day of the week, or a lunch or dinner period in the case of a restaurant.
- EROSION HAZARD AREA
- An area designated as having moderate to high historic erosion rates on the Historical Shorelines and Erosion Rates Maps prepared by the Maryland Geological Survey, 1975.
- EXISTING LOT
- A lot of record that exists at the time when an application is submitted for administrative, sliding scale, large-lot, or any subdivision under this Chapter 18.
- EXISTING PRINCIPAL BUILDING
- The principal building on the lot at the time when a residential accessory structure is erected.
- The exterior walls of a building exposed to public view.
- One or more persons related by blood, marriage, adoption or guardianship, or not more than five persons not so related, occupying a dwelling unit and living as a single housekeeping unit.
- FAMILY DAY-CARE CENTER
- A day-care center that, including any relatives of the care provider, cares for no more than eight children or adults.
- A. A parcel or combination of parcels under the same ownership that is:
- B. Includes necessary accessory uses for packing, treating or storing produce that are purely secondary to and support normal agricultural activities conducted on the parcel.
- C. Does not include the business of garbage feeding of hogs or other animals or the raising of such animals as rats, mice, monkeys and the like for use in medical or other tests and experiments.
- FARM BUILDING
- A structure utilized to store farm implements, hay, feed,
grain, or other agricultural or horticultural products or to house
poultry, livestock, or other farm animals. Such structure shall not
include habitable or occupiable spaces, spaces in which agricultural
products are processed, treated, or packaged; nor shall a farm building
be a place of occupancy by the general public.[Added 2-24-2009 by Ord. No. 09-01]
- FARM EMPLOYEE
- A person who:
- FARM EMPLOYEE DWELLING
- A dwelling on a farm that is used solely as a dwelling for farm employees and includes single-wide manufactured homes, but does not include migrant labor camps.
- FARMERS MARKET
- An establishment or premises used by more than two growers in the sale of farm products, 50% or more of which have been grown within Queen Anne's County.
- FARM STAND
- A structure or vehicle temporarily used by no more than two growers in the sale of farm products, 50% or more of which have been grown within Queen Anne's County.
- FAST-FOOD RESTAURANT
- An establishment whose:
- FINAL CERTIFICATE
- An occupancy certificate or a zoning certificate.
- FIRST FLOOR COMMERCIAL APARTMENT
- A dwelling unit located on the first floor of a building used primarily for commercial purposes.
- A. The sum of the gross area for each floor of a building's stories measured from the exterior limits of the faces of the structure.
- C. Does not include:
- (1) Cellars, unenclosed porches, or arcades;
- (2) Any floor space in an accessory structure or in a principal structure that is designed for the parking of motor vehicles in order to meet the parking requirements of this Chapter 18;
- (3) Floor space associated with a group day-care center that is an accessory to a principal commercial or industrial use, and is provided as a service to patrons or employees of the principal commercial or industrial use;
- (4) Floor space in structures that require only the issuance of a zoning certificate; or
- (5) Floor space associated with commercial apartments.
- FLOOR AREA RATIO (FAR)
- The total floor area of a building divided by the base site area. Where the lot is part of a larger development and has no buffer yard, that lot area may be used instead of the base site area.
- A unit of illumination produced on a surface one square foot in area on which there is a uniformly distributed flux of one lumen.
- FRATERNAL ORGANIZATION
- A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals and formal written membership requirements.
- FREESTANDING SIGN
- A sign not attached to a building, resting on or supported by poles, standards or any other type of base on the ground.
- FRONT LOT LINE
- A lot line that separates a lot from a public or private street or road.
- FUNERAL HOME
- A service providing for the temporary interment, preparation, visitation and memorial of the dead.
- A. A place of business:
- (1) Where retail and wholesale garden products and produce are sold to the retail consumer; and
- (2) That imports most of the items sold, which may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoses, rakes, shovels and other garden and farm tools and utensils.
- B. Includes a greenhouse or nursery.
- The brightness of a light source that causes eye discomfort.
- GRADED ROAD
- A roadway or embankment located at or adjacent to ground level.
- An enclosed structure, permanent or portable, that is used for the growth of small plants.
- GROUP DAY-CARE CENTER
- A day-care center that, including any relatives of the care provider, cares for nine or more children or adults.
- GROWTH AREAS
- Those lands designated and identified as most appropriate for future growth and residential density. The growth areas have been designated as follows: Stevensville, Chester, Kent Narrows, Grasonville, Centreville, and Queenstown.
- GUEST LODGE
- A building that contains one room or suite unit, not to exceed
four bedrooms, that may or may not be equipped with kitchen facilities,
such that each independent unit has a separate entrance and, if attached,
are divided by vertical party walls so that one unit is not above
or below another unit; and:[Amended 1-17-2006 by Ord. No. 05-28]
- A. Are for transient stays of 30 consecutive days or less for compensation with or without meals; and
- B. Are not to be used for permanent residence; and
- C. Have common facilities for reservations and cleaning services; and
- D. Have on-site management; and
- E. Are only permitted on the grounds of a country club.
- HABITABLE ATTIC
- The portion of an attic, accessible by a stairway, which has a ceiling height of at least 7 1/2 feet above the attic floor.
- An area typically occurring as a band approximately 20 feet wide and dominated by smilax, black cherry, poison ivy, ailanthus, sumac and other forms of successional vegetation.
- A landing pad for use by one helicopter.
- HERITAGE SIGNS
- A sign located within a public access easement or on public
property with educational content identifying historic, cultural or
natural resources. The design of heritage signs is determined by the
County.[Added 2-24-2009 by Ord. No. 08-19]
- HIGH DRY STORAGE FACILITIES OR RACKOMINIUMS
- A fully enclosed structure used to store boats indoor during
seasonal or nonseasonal times with facilities for associated repairs,
refurbishing and maintenance offered by fully accredited, licensed
and insured marine service contractors. The facility may or may not
have the following associated uses such as: a maritime convenience
store, an office and office space, luxury rest facilities or club
house including shower areas, changing rooms, lockers and lounging
areas and full-service fueling station.[Added 2-24-2009 by Ord. No. 08-19]
- HISTORIC STRUCTURE
- Any structure or cultural resource, including but not limited
to residential, agricultural and commercial buildings, that is equal
to or greater than 50 years of age, or otherwise deemed to be of exceptional
historical significance by meeting one or more of the following aspects
of Queen Anne’s County, Maryland or United States history.[Added 5-15-2007 by Ord. No. 06-20]
- A. Association with historic events or activities;
- B. Association with persons who are important to the community or to specific developments of history;
- C. Embodiment of distinctive characteristics of a type, period, method of construction, or the work of a master; and/or
- D. Potential to provide important information about history or prehistory.
- HOME OCCUPATION
- A business, profession, occupation, or trade conducted within a residential building or accessory structure for gain or support by a resident of the dwelling.
- A building or group of buildings:
- A. Containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight lodging facilities for periods not to exceed 30 days to the general public for compensation with or without meals; and
- B. Which have common facilities for reservations and cleaning services and on-site management.
- IMPACT FEE
- Any charge, fee, or assessment that is:
- IMPACT FEE SUBAREA MAP
- The map of development subareas adopted by the County Commissioners in which impact fees for specified capital improvements are imposed.
- IMPACT FEE SUBAREAS
- A geographically defined area in the County that has been designated by the County Commissioners as an area in which new development will create the need for specified capital improvements to be funded in part or in whole by impact fees.
- IMPERVIOUS SURFACE
- Any man-made surface that is resistant to the penetration of water. "Impervious surface" includes areas of stored lumber, outdoor storage or display, and junkyards.
- IMPERVIOUS SURFACE RATIO
- The total impervious surface area of a lot or site divided by the base site area.
- INCIDENTAL ACCESSORY STRUCTURE
- An accessory structure that is:
- A. Any development approved by the County or a municipal corporation that have the following characteristics and include the following categories of use.
- (a) Have severe potential for negative impacts on any uses located relatively close to them; differ from light industrial uses in that they require unenclosed structures that are large, tall and unsightly, such as concrete batching plants; have severe potential for generation of odor and may involve large amounts of exterior storage; and, because of their scale, are likely to have a regional impact.
- (b) Include public airports and public heliports; manufacturing activities (including outdoor storage), a significant part of which may be conducted outdoors, where nuisances associated with the use, such as noise, odor, smoke and dust, are significant; asphalt or concrete mixing plants; bulk material or machinery storage (unenclosed); motor or rail terminals; and manufacturing (including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products) in plants with 500 or more employees on a single shift.
- INFORMATIONAL KIOSK
- Any structure erected in a public place with approval of
the Department of Planning and Zoning for the specific purpose of
displaying information to direct pedestrians. Information kiosks can
be erected on public access easements, boardwalks and County lands.
Information kiosks are distinguished from "freestanding signs."[Added 2-24-2009 by Ord. No. 08-19]
- INSTITUTIONAL RESIDENTIAL USE
- Includes convents or monasteries, group-care facilities,
rooming houses, migrant labor camps, shelter-care homes, assisted
living programs and residential care facilities.[Amended 9-7-2004 by Ord. No. 04-28; 7-10-2012 by Ord. No. 12-02]
- INSTITUTIONAL USE
- Uses approved by the County or a municipal corporation, including:
- A. Outdoor recreational uses, which include:
- (1) Areas of active recreational activities, including, but not limited to, jogging, cycling, tot-lots, playfields, playgrounds, outdoor swimming pools, tennis courts and golf courses;
- (2) Passive recreational uses, including, but not limited to, arboretums, areas of hiking, nature areas and wildlife sanctuaries; and
- (3) Picnic areas, public and private parks, garden plots and beaches;
- B. Institutions such as aquariums, youth camps, cemeteries, churches, conference centers associated with nonprofit institutions, community or recreational centers, gymnasiums, privately owned libraries or museums, indoor recreational centers, public or private schools, indoor skating rinks (ice or roller), indoor swimming pools, tennis, racquetball, handball courts, rural country clubs and all other indoor recreational uses;
- C. Institutional residential uses such as convents or monasteries, group-care facilities, nursing homes, protective living facilities, rooming houses and sheltered-care homes, assisted living programs and residential care facilities;[Amended 7-10-2012 by Ord. No. 12-02]
- D. Public services;
- E. Public utilities;
- F. Family day-care centers; and
- G. Group day-care centers.
- H. [Added 2-24-2009 by Ord. No. 08-27]
- INSTITUTIONAL USE, FOR-PROFIT
- An institutional use that is operated by a group, agency, foundation, corporation or organization that is not recognized by the Internal Revenue Service of the United States Government as having nonprofit status.
- INSTITUTIONAL USE, NONPROFIT
- An institutional use which is either operated by an agency of government or is operated by a group, agency, foundation, corporation or organization which is recognized by the Internal Revenue Service of the United States Government as having nonprofit status.
- INSTRUMENT OF TRANSFER
- An instrument, in the form required by this Chapter 18 by which one or more development rights are transferred.
- Any land or structure used for a salvaging operation, including, but not limited to, the storage and sale of wastepaper, rags, scrap metal and discarded materials and the collection, dismantlement, storage, and salvage of one or more untagged, inoperative vehicle.
- Any structure in which dogs or cats are kept for sale, boarding, grooming or breeding, for which any fee is charged.
- LANDSCAPE SURFACE AREA
- The surface area of land not covered by any impervious surface or used for outside storage or display that is maintained to support plant life.
- LANDSCAPE SURFACE RATIO
- The total landscape surface area of a lot or site divided by the base site area.
- LARGE-LOT SUBDIVISION
- A residential subdivision in which single-family residential lots are of sufficient size such that on-site lands are protected and the character of the entire community is preserved in accordance with the district regulations set forth in Chapter 18:1, Part 3, Article V, of this Chapter 18.
- A. The process of searching for and extracting oil and gas reserves from the subsurface of property by drilling from and establishing wells on adjacent property.
- B. Does not include any surface activity and refers only to the property toward which subsurface drilling and extraction wells are directed.
- LEGAL NONCONFORMING STRUCTURE
- Any building or structure legally established prior to the effective date of this Chapter 18 or subsequent amendment that does not fully comply with the standards imposed by this Chapter 18.
- LIVE-WORK UNIT
- A dwelling unit with living space in combination with a shop,
office, studio, or other work space within the same unit, where the
resident occupant both lives and works. The live-work unit possesses
the following characteristics:[Added 2-24-2009 by Ord. No. 08-19]
- A. The work space component must be located on the first floor and basement of the building, with an entrance facing the primary abutting public street and with double frontage along pedestrian walkways or pathways.
- B. The dwelling unit component must be located above or behind the work space, improved as a dwelling and maintain a separate entrance located on the front or side facade and accessible from the primary abutting public or private streets.
- C. The office or business component of the unit shall not exceed 50% of the total gross floor area of the unit. The living space shall not exceed 60% of the total gross floor area of the unit.
- E. The business component of the building may include home occupations, offices, small service establishments, homecrafts which are typically considered accessory to a dwelling unit, or retailing associated with fine arts, crafts, or personal services. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property.
- G. Prohibited uses include: amusement and recreation uses; bars; pet stores, kennels, animal hospitals; gun and firearm sales; and, automotive service stations and motor vehicle repair garages.
- LOCAL ROAD
- A road or street:
- A. A parcel of land undivided by a public or private road that is recorded by the Recorder of Deeds.
- B. Notwithstanding Subsection A of this definition, two or more areas of land divided by a private road which would otherwise qualify as separate lots under Subsection A of this definition may be treated as a single lot if an appropriate plat and any private road covenants required by this Chapter 18 include a legend and provisions declaring that the divided parcel:
- LOT AREA
- The area contained within the boundary lines of a lot.
- LOT FRONTAGE
- The linear footage between the intersection of the side lot lines and the front lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot frontage required by this Chapter 18 shall be provided, at each such line.
- LOT LINE
- A line dividing one lot from another lot, or from a public or private street or road, except that where any portion of the lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line.
- LOT OF RECORD
- Any validly recorded lot that, at the time of its recordation, complied with all applicable laws, ordinances and regulations.
- A. A person, including a covenantor, who, at anytime when the identity of a lot owner is to be determined for purposes of this Chapter 18 or any covenant, is the owner of any lot within a subject area.
- B. Does not include a mortgagee, the holder of any other security interest in the property, the County, or any governmental agency.
- LOT WIDTH
- The distance between the side lot lines at the front setback line. Where there is only one side lot line, lot width restrictions shall be measured between the side lot line and the opposite lot line.
- A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
- MAINTENANCE GUARANTEE
- A guarantee of facilities or work to insure or maintain the correction of any failures of any improvements required pursuant to this Chapter 18.
- MAJOR EXTRACTION AND DREDGE DISPOSAL USE
- All extraction operations that disturb more than five acres, except extraction associated with aquaculture; dredge disposal uses that disturb more than 10 acres of land; and all nonlateral oil and gas drilling and extraction.
- MAJOR SITE PLAN
- Any site plan other than a minor site plan.
- MAJOR SUBDIVISION
- Any subdivision other than an administrative or minor subdivision.
- MANUFACTURED HOME
- A dwelling unit that:
- MANUFACTURED HOME COMMUNITY
- A planned residential development that:
- MAP AMENDMENT
- An amendment that involves a change of one or more district boundaries as shown on the Zoning Maps and/or a change in the zoning classification of specific property.
- MARITIME CONVENIENCE STORE
- A small-scale retail store, no larger than 1,200 square feet
with hours of operation from 18 to 24 hours daily, seven days a week,
providing a limited range of retail goods and services designed to
serve surrounding maritime needs, which may or may not include waterfront
fueling for water craft only, and tourists needs.[Added 2-24-2009 by Ord. No. 08-19]
- MARQUEE SIGN
- A permanent wall-like structure projecting beyond a building or extending along and projecting beyond the wall of the building that advertises only present and scheduled events.
- An individual who is employed in the agricultural or seafood industry in a seasonal or other temporary nature, and who is:
- MIGRANT LABOR CAMP
- A facility, including structures, buildings, barracks, trailers, mobile homes, converted buildings and unconventional enclosures of living spaces, used or intended for the use of housing migrants, or the real property on which is located a facility used or intended for use as housing for migrants. Migrant labor camps do not include farm employee dwellings.
- MINIMUM FLOOR ELEVATION
- The lowest elevation permissible for the construction, erection or other placement of any floor, including a basement floor.
- A. A building, or group of buildings, divided into two or more individual units, each unit being leased to an individual solely for dead storage and not in conjunction with the day-to-day operation of a business.
- B. May include an office for the sole purpose of conducting business specific to the miniwarehouse site.
- MINOR EXTRACTION AND DREDGE DISPOSAL USES
- Dredge disposal sites that disturb fewer than 10 acres; and the following uses that disrupt five or fewer acres of land: gravel, sand or similar extraction, except extraction associated with aquaculture; lateral oil and gas drilling and extraction; and storage operations.
- MINOR SITE PLAN
- A site plan that involves only:
- MINOR SUBDIVISION
- The subdivision of land into no more than seven lots, including
the creation of any required easements or rights-of-way.[Amended 10-9-2012 by Ord. No. 12-14]
- MIXED USE
- The combining of retail/commercial and/or service uses with
residential or office use in the same building or on the same site
in one of the following ways:[Added 2-24-2009 by Ord. No. 08-19; amended 7-10-2012 by Ord. No. 12-03]
- C. Mixed Use OptionsNumber of FloorsPercentage of Residential Use or Commercial ApartmentsVertical mixed use250% of total gross floor area with residential located on upper floorVertical mixed use366% of total gross floor area with residential located on upper floorsVertical mixed use475% of total gross floor area with residential located on upper floorsHorizontal mixed use — single structure150% of total gross floor area using a vertical split with commercial located along the street front or public accesswayHorizontal mixed use — single structure250% of total gross floor area using a vertical split with commercial located along the street front or public accessway on all floorsHorizontal mixed use — single structure366% of total gross floor area using the following allocation:Floors 1 and 2 — 50% vertical split of commercial and residential uses with commercial located along the street front or public accessway3rd floor — 100% residential useHorizontal mixed use — single structure475% of total gross floor area using the following allocation:Floors 1 and 2 — 50% vertical split of commercial and residential uses with commercial located along the street front or public accesswayFloors 3 and 4 — 100% residential useHorizontal mixed use — multiple structuresN/A50% of total gross floor area of development with retail/commercial fronting the public or private street or public accesswayHorizontal mixed use with a marinaN/A50% of the total site area
- MOBILE HOME
- A dwelling unit that:
- A. Is fabricated in an off-site manufacturing facility for installation or assembly at the building site;
- B. Does not bear a label certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended; and
- C. Was constructed before the enactment of the federal regulations.
- MODULAR HOME
- A dwelling unit that:
- A planned residential development consisting of more than one dwelling unit (such as duplexes, townhouses, apartments or multiplex) that involves the identification and protection of required open space and is accomplished pursuant to design and improvement standards set forth in Article V of Part 3 of Chapter 18:1 this Chapter 18.
- MUNICIPAL CORPORATION
- The Towns of Barclay, Centreville, Church Hill, Millington, Queenstown, Queen Anne, Sudlersville, and Templeville.
- NET BUILDABLE AREA
- The portion of a lot that may be developed after all district regulations and site development standards have been calculated. Net buildable area shall equal base site area less those portions of a lot set aside to meet the requirements for setbacks, open space, landscape surface area, pervious surface area, forest conservation requirements, resource protection, and any other area regulations that prohibit development set forth in this Chapter 18.
- NET TRACT AREA
- The portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found to be within the boundaries of the one-hundred-year floodplain.
- A place of amusement and entertainment including, but not
limited to a bar, tavern or cocktail lounge which serves food where
the percentage of food sales is less than 80%, or drink, but is distinguished
by the provision of live entertainment and/or dancing facilities with
hours of operation between 10:00 p.m. and 2:00 a.m. A nightclub is
not an adult entertainment facility.[Added 2-24-2009 by Ord. No. 08-19]
- A. The authorized tree cutting or clearing not intended primarily for commercial gain or profit.
- B. Includes removal of sick or dead trees and general horticultural practices related to maintaining the health and stability of a forest.
- C. Timber removed for noncommercial forest activities may be sold by the property owner, provided commercial gain is not the primary reason for the removal of timber.
- NONCONFORMING LOT
- A lot that is a lot of record and does not meet the area or bulk requirements of the district in which it is located.
- NONCONFORMING USE
- Any use, lot, building, sign or structure that was legally established prior to the effective date of this Chapter 18 or subsequent amendment that would not have been allowed to be established under this Chapter 18.
- A. A parcel included within a development plan that:
- (1) Is not contiguous with the developed parcel;
- (2) Is to be designated as open space, wherein only those uses as specified in Column A of the table in § 18:1-12 of this Chapter 18 are allowed; and
- (3) Meets the following soils criteria:
- (a) At least 50% of the land shall classify as Class I, II or III soils; or
- (b) If the land is wooded, 50% of the land is classified as Woodland Groups 1 or 2; or
- (c) If there is an insufficient percentage of Class I, II or III soils alone and there is an insufficient percentage of Woodland Groups 1 or 2 soils alone, the land must have a combination of the classifications that meets or exceeds 60%.
- (d) Plats of the noncontiguous parcel must provide the location of all existing buildings.
- (4) May be less than all of a lot of record.
- B. The area of the noncontiguous parcel used must be at least 40 acres in size or constitute at least 1/2 the total area of the lot of record, whichever is less.
- NONPROFIT INSTITUTIONAL USE
- An institutional use that is owned and operated by a nonprofit organization and does not include any commercial activities.
- NONRESIDENTIAL DEVELOPMENT
- Any development approved by the County or a municipal corporation for commercial, industrial, or institutional use.
- NONRESIDENTIAL DEVELOPMENT RIGHT
- The use of a residential development right to increase nonresidential floor area and the area of impervious surfaces beyond what is otherwise allowed under this Chapter 18.
- A. Those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; and
- B. Are regulated under Title 16 of the Environment Article, Annotated Code of Maryland.
- A. A place of business used principally for the retail and wholesale sale of plants grown on the site or off the site as well as accessory items that are directly related to the care and maintenance of the plants.
- B. Accessory items do not include power equipment, such as gas or electric lawnmowers and farm implements.
- NURSING HOME
- An extended or immediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reasons of advanced age, chronic illness or infirmity, are unable to care for themselves.
- OCCUPANCY CERTIFICATE
- A certificate of use and occupancy issued in accordance with the Building Code.
- OFF-PREMISES SIGN
- A sign advertising a business or service that is not located on the same lot as the sign, or any sign advertising a product that is not manufactured on the same lot as the sign (more commonly referred to as "billboards").
- ONE-HUNDRED-YEAR FLOOD
- A flood that has a one-percent chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed of less than 400 acres is excluded.
- ONE-HUNDRED-YEAR FLOODPLAIN
- An area, except tidal waters, having a one-percent chance in any given year of being inundated by a one-hundred-year storm as designated on the FEMA Flood Insurance Maps.
- OPEN SPACE
- Lands specifically designated on a site plan or subdivision plat to be preserved in accordance with the provisions of Chapter 18, Chapter 18:1, Part 3, Article V, and upon which only those uses set forth in § 18:1-12 of this Chapter 18 will be allowed.
- OPEN SPACE RATIO (OSR)
- Open space lands on a lot or site divided by the base site area.
- ORGANIC FERTILIZER STORAGE AND TRANSFER OPERATION
- A structure, facility, or bermed area designed to receive and/or store organic materials not produced as a by-product of an agricultural use intended for application to land as fertilizer for agricultural soils or crops.
- ORIGINAL INSTRUMENT OF TRANSFER
- An instrument of transfer by which development rights are initially transferred from a transferor parcel by the original transferor.
- OTHER PUBLIC ROAD
- A road historically utilized by the general public that is not a part of the County, state, or federal road system.
- OUTDOOR RECREATION
- A recreational use generally conducted outdoors, including jogging, cycling, tot lots, playfields, playgrounds, outdoor swimming pools, tennis courts, golf courses, arboretums, hiking facilities, nature areas, wildlife sanctuaries, picnic areas, parks, garden plots, and beaches. Enclosed structures associated with outdoor recreational uses shall be ancillary and accessory to the principal use of the property.
- OUTSIDE STORAGE OR DISPLAY
- Outdoor storage or display of fuel, raw materials, vehicles, boats, manufactured products or equipment.
- An area or areas of land or a building or part thereof which is provided and maintained upon the same lot or lots upon which the principal use is located for the purpose of storing motor vehicle.
- PERFORMANCE GUARANTEE
- A financial guarantee to ensure that all improvements, facilities or work required by this Chapter 18 will be completed in compliance with this Chapter 18 and the approved plans and specifications of a development.
- An individual, corporation, or other legal entity, and includes the federal government, the state, a county, municipal corporation, any other political subdivision of the state, or any of their units.
- A request for text amendment or a map amendment made by a property owner, a subject property owner or by a group of property owners acting as a private citizens' group.
- PLANNED RESIDENTIAL DEVELOPMENT
- Either a single-family cluster, multifamily, or manufactured home community residential development that involves the identification and protection of required open space.
- PLANNING COMMISSION
- The Queen Anne's County Planning Commission.
- PLANNING DIRECTOR
- The Planning Director of the Queen Anne's County Department of Planning and Zoning or the Planning Director's designee.
- PRESERVED LANDS
- All lands subject to any legal instrument or restriction that prohibits the development of residential or nonresidential uses, including but not limited to conservation easements, covenants, and deed restrictions made pursuant to the following:
- PRINCIPAL BUILDING
- A structure or structures in which the main or principal use of the lot is or is intended to be located.
- PRINCIPAL USE
- The specific primary purpose or purposes for which land is used.
- PRIVATE AIRPORT
- A facility that:
- PRIVATE BOATHOUSE
- A structure with a roof and side walls, used to store boats and boating equipment, which is constructed over the water in conjunction with an approved private residential pier or wharf.
- PRIVATE COVERED SLIP
- A structure with a roof, used to cover a boat slip, which is constructed over the water in conjunction with an approved private residential pier or wharf.
- PRIVATE HELIPORT
- A paved or unpaved helicopter landing pad intended for the exclusive use of the owners or lessees of property upon which the landing pad is located and any accessory structures designed for the storage of the owners' or lessees' helicopters, provided that no more than two helicopters shall be allowed to use the landing pad or accessory uses.
- PRIVATE LANDING STRIP
- A paved or unpaved runway for aircraft landings and departures that is intended for the exclusive use of the owners or lessees of property upon which the runway is located and any accessory structures designed for the storage of the owners' or lessees' aircraft, provided that no more than two aircraft shall be allowed to use the runway or accessory structures on a regular basis.
- PRIVATE ROAD
- An improved road or right-of-way held and/or maintained in private ownership and which is not a component of the County, state, or federal road systems.
- PRIVATE STABLE
- A building, incidental to an existing residential or agricultural principal use, which shelters domestic animals for the exclusive use of the occupants of the premises.
- PROJECTING SIGN
- A sign affixed to a building or wall in a manner that its leading edge extends more than 18 inches beyond the surface of such building or wall. The sign face of a double-faced projecting sign is calculated by measuring one face of the sign only, provided both faces are back to back.
- PROPERTY OWNER
- A person or persons having an ownership interest in real property located within the geographic boundaries of Queen Anne's County, Maryland.
- A. A facility:
- B. All accessory uses or structures, including, but not limited to, runways, taxiways, hangars, aircraft parking areas, terminals, administration buildings, maintenance, sheds, fuel facilities and on-field navigation aids.
- A. An improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs.
- B. Includes vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, and public utility and energy services.
- PUBLIC PEDESTRIAN ACCESS IMPROVEMENTS
- Pedestrian circulation improvements as designated in the circulation plan in the Kent Narrows Design Handbook.
- PUBLIC RECREATION
- A recreational use owned and operated by a governmental entity, whether local, state, or federal.
- A. Any service rendered to the general public by an agency of government, or a facility maintained in connection with the rendition of such service, but does not include telecommunications services.
- B. A recognized volunteer fire company that receives an appropriation from Queen Anne's County shall be construed to be an agency of government.
- PUBLIC SEWER
- The Queen Anne's County Sanitary District Sewer System and other forms of sewer systems approved by the State Health Department and maintained by a public or private agency authorized to operate the sewer systems.
- PUBLIC UTILITY
- Uses or structures for the public purpose of power transmission and distribution (but not power generation or cross-country transmission lines or towers); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of-way (not including stations or terminals).
- A. The lot line that is parallel to and the most distant from the front lot line.
- B. In the case of an irregular or triangular shaped lot, where the rear lot line is not indicated, the rear lot line will be located in the following manner:
- C. In the case of double frontage lots that have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes legal access from a public or private street or road.
- A. A parcel that is eligible to receive development rights from a transferor parcel.
- B. Includes:
- (1) A parcel in any zoning district, except the Agricultural (AG) or Noncritical Area Neighborhood Conservation (NC) Districts, that is located within the geographic boundaries of a growth area; and
- (2) A parcel in any Countryside (CS) or Neighborhood Conservation (NC) District located within the Chesapeake Bay Critical Area.
- RECORDER OF DEEDS
- The Queen Anne's County Clerk to the Circuit Court.
- RECREATIONAL USE
- A use dedicated to the refreshment of body and mind through forms of play, amusement, or relaxation, including both active and passive activities.
- REGIONAL SHOPPING CENTER
- A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and landscaping and signage in accordance with an approved site plan.
- RESIDENTIAL ACCESSORY STRUCTURE
- An accessory structure that would be regarded under other provisions of this Chapter 18 as an accessory structure on a residential lot that is not connected or attached in any manner to the existing principal building.
- RESIDENTIAL ACCESSORY USE
- An accessory use that would be regarded under other provisions of this Chapter 18 as an accessory use on a residential lot.
- RESIDENTIAL CARE FACILITY
- A facility that provides primarily nonmedical resident services
to six or more individuals in need of personal assistance essential
for sustaining the activities of daily living or for the protection
of the individual.[Added 7-10-2012 by Ord. No. 12-02]
- RESIDENTIAL DEVELOPMENT
- Any development approved by the County or a municipal corporation for residential use.
- RESIDENTIAL DEVELOPMENT RIGHT
- The right to erect a dwelling unit on property, as such is inherent in fee-simple ownership of land.
- RESIDENTIAL LOT
- A lot whose primary use is for residential purposes.
- RESIDENTIAL USE
- Any use approved by the County or a municipal corporation that is for existing or proposed dwelling units, including but not limited to single-family residential dwellings, single-wide manufactured homes, single-family clusters, manufactured home communities, commercial apartments, multifamily, and first floor apartments.
- RESORT COUNTRY CLUB
- A privately owned country club, operated on a for-profit basis, which may offer to its members, their guests and the public, golfing, social, meeting, lodging, dining and recreational facilities. The amenities which comprise a resort country club may include but are not limited to lodging facilities, indoor and/or outdoor sports/exercise facilities, a multipurpose conference center, an outdoor meeting area, restaurants, lounges and other features associated with a resort or destination country club complex.
- A. A building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight lodging facilities for periods of 30 days or less to the general public for compensation, with or without meals, and having common facilities for reservations, cleaning services, and on-site management.
- B. Resort hotels are generally located along waterfront, marinas, and beach areas and cater to leisure and recreational-type activities.
- RESOURCE PROTECTION LANDS
- Those lands protected under Chapter 18:1, Part 4, Article IX, of this Chapter 18.
- An establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state and whose principal method of operation includes at least one of the following characteristics:
- A. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or
- B. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.
- RESULTING LOT
- A lot that will exist if the application for administrative subdivision is approved.
- RETAIL KIOSK
- A small outside building or structure designed for pedestrian
access usually referred to as a stand and used to provide information,
ticket sales for sightseeing or excursions, small-scale retail incidental
to cultural, historic and tourism activities associated with the community
and pre-packaged refreshments. Food services are excluded from uses
permitted and drive-up/drive-through service is prohibited.[Added 2-24-2009 by Ord. No. 08-19]
- RETAIL SALES/SERVICE ESTABLISHMENT
- A commercial enterprise that provides goods and/or services
directly to the consumer for personal, recreational or educational
use. These include: restaurants (excluding fast food), hotels, financial
service, spas, salons, wineries, taverns, motion pictures, cultural
services, educational services, galleries, food markets and marine
stores.[Added 8-24-2010 by Ord. No. 10-10]
- An improved right-of-way intended for motor vehicle traffic. "Road" includes the term "street" and has the same meaning, and, unless expressly modified, applies to both public and private roads or streets.
- RURAL COUNTRY CLUB
- A privately owned or membership-owned country club, which may operate on a nonprofit or a for-profit basis, which offers to its members, their guests and the public golfing, social, dining, lodging, guest lodges, meeting and recreational amenities. The amenities that comprise a rural country club may include a clubhouse, swimming pool, tennis courts, lodging (as permitted for a country inn), guest lodges, and other features subject to approval by the Planning Commission.
- SATELLITE SIMULCAST FACILITY
- A facility used to conduct satellite simulcast betting as defined under and regulated by the provisions of Title 11, Title 8 of the Business Regulation Article, Annotated Code of Maryland.
- SCENIC CORRIDORS
- The Chesapeake Country Scenic Byway (MD Routes 18 and 213),
and U.S. Route 50, U.S. Route 301, and MD Route 404.[Added 8-2-2005 by Ord. No. 05-13]
- The method by which a view of one site from an adjacent right-of-way of another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
- The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.
- SEDIMENT CONTROL ORDINANCE
- The ordinance entitled "Erosion and Sediment Control Ordinance", adopted by the County Commissioners on February 19, 1985, as amended.
- A. A line extending the full width or length of the lot, establishing the nearest point that a principal building may be erected from any front, side or rear lot line.
- B. For flag lots and other irregularly shaped lots with narrow road frontage, the front setback line shall be measured from the point or line from which the lot widens to establish the area that may be improved with buildings or structures.
- C. On corner lots and double frontage lots, the front setback shall apply to each property line abutting a road.
- SEWAGE SLUDGE
- Accumulated semiliquid suspension, settled solids or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment and as regulated by COMAR 26.04.06.
- SHOOTING CLUB
- A commercial or private establishment that provides trap shooting, target practice, skeet shooting, sporting clays, regulated shooting area as defined and is permitted by DNR, and similar shooting-related activities.
- SHOPPING CENTER
- A group of commercial establishments planned, developed and managed as a unit with off-street parking provided on the property.
- SIDE LOT LINE
- The boundary of a lot that is not a front lot line or a rear lot line.
- A. Any object, device, display or structure, or part thereof, situated outdoors or indoors that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, religious group, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
- B. Does not include:
- (1) The flag or emblem of any nation, organization of nations, state or city or any religious, fraternal or civic organization;
- (2) Merchandise and pictures or models of products or services incorporated in a window display;
- (3) Works of art that in no way identify a product;
- (4) Scoreboards located on athletic fields; or
- (5) Vending machines.
- SINGLE-FAMILY CLUSTER
- A planned residential development that involves the identification and protection of required open space.
- SINGLE-FAMILY RESIDENTIAL DWELLING
- A dwelling designed for single-family residential use and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. "Single-family residential dwelling" includes site-built homes, modular homes, and double-wide manufactured homes.
- The land on which development takes place.
- SITE AREA
- The lot area of a parcel of land proposed for a planned residential development.
- SITE DEVELOPMENT
- Engineering studies, soil testing, percolation testing, surveys, environmental assessments, site planning, and other studies, drawings, assessments, and tests that may reasonably be required to make a site ready for improvement.
- SITE PLAN
- A graphic depiction of features on-site, such as existing and proposed structures, paved areas, ingress/egress points and landscaped areas and all information required under Chapter 18:1, Part 7, Article XXV, of this Chapter 18.
- SITE-RELATED IMPROVEMENT
- Roadway construction, upgrades, or improvements, traffic control devices or measures, and other off-site improvements required for capital improvements or facilities.
- SLIDING-SCALE SUBDIVISION
- A residential subdivision in which allowable density is inversely proportional to the size of the existing lot, thereby preserving open lands, agricultural uses, and the rural character of the community, in accordance with the district regulations set forth in this Chapter 18.
- SOLAR ENERGY
- Energy generated by the sun that is infinite or constantly
renewed.[Added 12-13-2011 by Ord. No. 11-07]
- SOLAR ARRAY
- A ground-mounted solar collection system consisting of a
linked series of photovoltaic modules excluding single-user residential
applications.[Added 12-13-2011 by Ord. No. 11-07]
- SPECIAL EVENTS
- Personal or business social engagement or activities conducted
at a bed-and-breakfast, single-family residence, or on a farm where
quests assemble for parties, wedding events, reunions, birthday celebrations,
or similar uses for compensation, during which food and beverages
may be served to guests and music and other entertainment is provided
to quests. This definition shall not include places of worship.[Added 3-26-2013 by Ord. No. 13-01]
- START OF CONSTRUCTION
- The installation of foundation footings or the initial land disturbance for road construction.
- STORMWATER MANAGEMENT ORDINANCE
- The ordinance entitled "Stormwater Management Ordinance," adopted by the County Commissioners on April 15, 1992, as amended.
- STREAM BUFFER
- All lands lying within 100 feet, measured from the normal bank of a perennial stream, or 50 feet from the normal bank of an intermittent stream as shown on the most recent 7.5 minute topographic quadrangle (scale: 1:24,000) maps published by the United States Geological Survey.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.
- A. An area that is restricted or otherwise affected by a covenant.
- B. If an area restricted or otherwise affected by a covenant is a common area, "subject area" includes both the common area and all other land within the site plan, subdivision, or zoning approval that has any rights or duties with respect to the common area.
- SUBJECT PROPERTY OWNER
- The owner or owners of a piece of real property located within the geographic boundaries of Queen Anne's County, Maryland, which is the subject of a proposed map amendment.
- A retail establishment, other than a convenience store, that sells primarily food items and household goods.
- TELECOMMUNICATIONS ANTENNA
- Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
- TELECOMMUNICATIONS EQUIPMENT BUILDING
- A structure, cabinet, or box, accessory to a telecommunications facility, which houses equipment related to the wireless transmission of voice, data, or other signal.
- A. Any staffed or unstaffed facility used for the transmission and/or reception of personal wireless services, radio and television broadcast services, and any other radio frequency signals, usually consisting of an antenna or group of antennas, transmission lines, and telecommunications towers.
- B. Does not include telecommunications equipment building.
- TELECOMMUNICATIONS TOWER
- A structure that supports telecommunications antennas. Tower includes the following:
- TEMPORARY OFFICE
- An office as authorized under Chapter 18:1, Part 3, Article VII, § 18:1-55, of this Chapter 18.
- TEMPORARY SIGN
- A sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material and intended to be displayed temporarily.
- TEXT AMENDMENT
- Any changes to the text of this Chapter 18 and includes changes that supplement, modify or repeal any of its present or future provisions.
- TIDAL WETLANDS
- State wetlands that are defined as any land under the navigable waters of the state below the mean high water line, affected by the regular rise and fall of tide, and private wetlands defined as any land not considered state wetlands bordering or lying beneath tidal waters, that is subject to regular or periodic tidal action and supports aquatic growth. Private wetlands include wetlands transferred by the state by a valid grant, lease, patent, or grant confirmed by Article 5 of the Declaration of Rights of the Constitution to the extent of the interest transferred. The term "regular or periodic tidal action" means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by the wind or any other circumstance.
- TRACT or TOTAL TRACT AREA
- A property or unit of land that:
- TRANSFERABLE DEVELOPMENT RIGHT
- A development right transferred to a receiving parcel, either by deed, easement, or other legal instrument, pursuant to Chapter 18:1, Part 6, Article XX, of this Chapter 18.
- A. A parcel of land in an Agricultural (AG) or Countryside (CS) District:
- B. A transferor parcel must meet the following soils criteria:
- (1) At least 50% of the land shall classify as Class I, II or III soils; or
- (2) If the land is wooded, 50% of the land is classified as Woodland Groups 1 or 2; or
- C. Plats of transferor parcels must provide the location of all existing buildings.
- TRUCK STOP AND TRAVEL PLAZA
- A recreational vehicle and truck service facility that consists of fuel sales and restaurant facilities and may also include vehicle service and repairs, ancillary retail overnight lodging activities and shower and locker room facilities, all managed as a unit with off-street parking provided on the property.
- TRUCK TERMINAL
- An area or building where cargo is stored or from which materials are distributed and where trucks load and unload cargo on a regular basis. Ancillary facilities may provide for parking, storing, or servicing trucks.
- The purpose or activity for which land or any structure thereon is designed, arranged or intended or for which it is occupied or maintained.
- Permission to depart from the literal requirements of this Chapter 18 granted pursuant to Chapter 18:1, Part 7, Article XXII, of this Chapter 18.
- VETERINARY OFFICE
- A building or part of a building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such clinics may or may not also provide long-term lodging of ill animals.
- WALL SIGN
- A sign mounted parallel to a building facade or other vertical building surface.
- A building used for the storage of goods and materials in connection with the day-to-day operation of a wholesale or distribution business, or a business that is not located in the same building or on the same property as the warehouse. The storage of goods and materials as an accessory use to a business is not a warehouse.
- WAYFINDING SIGN
- An off-premises sign with a County logo that is part of a
Kent Narrows Development Foundation sponsored and coordinated program
for the purpose of facilitating circulation to and from tourist destinations
as recognized by the Kent Narrows Community Plan.[Added 2-24-2009 by Ord. No. 08-19]
- An unbranched woody plant more than 24 inches in height and having a caliper of less than one inch.
- A part of a producing vineyard. Wineries include crushing,
fermenting, blending, aging, storage, administrative office functions
for the winery, warehousing and shipping facilities. Retail sales
and tasting facilities of wine and related promotional items shall
be permitted as part of the winery operations. Planned promotional
event or other organized activity as permitted under Article 2B, § 2-205
as amended of the Annotated Code of Maryland are included in this
definition.[Added 3-26-2013 by Ord. No. 13-03]
- A continuous area of natural vegetation that predominantly contains trees and other woody plants. A single tree is not a woodland.
- Includes plats and other nontextual writing.
- YOUTH CAMP
- A facility or site used for organized activities for children, including sports, arts and crafts, entertainment, recreation and educational activities. "Youth camp" may include incidental food services and facilities for the overnight stay of camp participants. "Youth camp" may also include the incidental use of camp facilities by private organizations otherwise unaffiliated with the youth camp.
- ZONING APPROVAL
- A building permit or a final certificate required by this Chapter 18 and in a form prescribed by the Planning Director.
- ZONING AUTHORITY
- Includes the Planning Commission, the Planning Director, the Deputy Planning Director, the Zoning Administrator, and any other employee of the Department of Planning and Zoning.
- ZONING CERTIFICATE
- A certificate issued in accordance with Title IV when a building permit is not required.
Editor’s Note: This definition was amended 4-14-2009 by Ord. No. 08-20. The amendments made by Ord. No. 08-20 were removed pursuant to a decision of the Maryland Court of Special Appeals, which held that Ord. No. 08-20 had been preempted by state law.