Town of Indian Head, MD ARTICLE II Basic Definitions and Interpretations

§ 440-200 Definitions and word usage.

A. To amplify and clarify all provisions of this chapter, the following rules shall apply:

(1) Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number, and the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise.

(2) The word "shall" is mandatory and not discretionary.

(3) The word "may" is permissive.

(4) The word "lot" shall include the words "piece," "parcel" and "plots"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrase "arranged for" and "occupied for."

(5) All measured distances shall be to the nearest integral foot. If a fraction is 1/2 foot or more, the integral foot next above shall be taken.

B. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

ABATEMENT

The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.

ACCESSORY APARTMENT

A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility. Such a dwelling is an accessory use to the main dwelling (see Article XI).

ACCESSORY STRUCTURE

A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

ACCESSORY USE

A use that is incidental or subordinate to, and on the same lot as, a principal use (see Article X).

ADDITION

Construction that increases the size of a structure.

ADULT DAY-CARE CENTER

A public or private institution, agency, or establishment where care is provided for less than 24 hours per day to adults who are 16 years old or older; live alone or with a spouse, relative or friend; and have a disability that is a reasonably static physical impairment that prevents gainful employment or the accomplishment of the routine of normal daily activities outside of an institutional or sheltered environment, or a permanent or recurrent mental impairment that requires domiciliary of institutional care in a sheltered environment. Also included in this definition is care provided for the elderly who are 55 years old or older; live alone or with a spouse, family relative, or friend; need temporary supervision and care during part of a day in a protective group setting; and have a disability that is a reasonably static physical impairment that prevents gainful employment or the accomplishment of the routine of normal daily activities without assistance, or is a permanent or recurrent mental impairment.

AFFORDABLE HOUSING

A housing project for low- to moderate-income Town residents in which the rent or mortgage does not exceed 30% of the gross household income. A low- to moderate-income household earns 50% or less of the area median household income.

AFFORESTATION

The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

AGGREGATE

The combined distance of both side yard setbacks.

AGRICULTURAL EASEMENT

A nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.

AGRICULTURE

All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products. This definition does not include gardening or the raising of up to eight domesticated chickens in a residential zone as a hobby.

ALLEY

A right-of-way that provides secondary service access for vehicles to the side or rear of abutting properties.

AMEND or AMENDMENT

Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.

AMENITY SPACE

Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not limited to, green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, and passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan or sector plan, such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use.

ANADROMOUS FISH

Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.

ANADROMOUS FISH PROPAGATION WATERS

All streams that are tributary to the Chesapeake Bay and Atlantic coastal bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.

ANNEXATION

The act or process of adding land to the Town in the manner specified by the Local Government Article of the Maryland Annotated Code.

ANTENNA

Equipment designed to transmit or receive electronic signals.

AQUACULTURE

(1) Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments;

(2) Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and

(3) Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish ponds, shellfish rafts, rack and longlines. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aqua cultural practices.

ASSISTED LIVING FACILITY

A public or private residential facility that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination of these services to meet the needs of residents who are unable to perform or who need assistance in performing the activities of daily living in a way that promotes optimum dignity and independence for the residents. A small assisted living facility shall include providing services for eight or fewer individuals. A large assisted living facility shall include providing services for more than eight individuals.

AUTOMOBILE PARKING LOT, PARKING GARAGE, PUBLIC AND PRIVATE

A lot or building or part thereof, whether public or private, designed and used for the parking of motor vehicles, whether for compensation or not. Such lot or building or part thereof is not to be used for the storage of dismantled or wrecked vehicles, parts thereof, or junk.

AUTOMOBILE PARTS OR ACCESSORIES

A store that sells new automobile parts, tires, and accessories. It may also include minor part installation but does not include tire recapping.

AUTOMOBILE SALES AND SERVICE

Premises on which new or used passenger automobiles or trucks less than one ton and in operating condition are displayed and sold and where an accessory service repair or warranty work is conducted on the premises.

BARREN LAND

Unmanaged land having sparse vegetation.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year. Also known as the "100-year flood."

BASEMENT

A story partly underground and having at least 1/2 of its height above the average adjoining grade. A basement shall be termed a cellar when more than 1/2 of its height is below the average adjoining grade. A basement or cellar shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five feet.

BED-AND-BREAKFAST

"Bed-and-breakfast" or "tourist home" means a single-family, owner-occupied dwelling that provides for the lodging of up to eight transient guests at any one time, none of whom remain for more than 14 consecutive nights each, and that provide no food or beverage service for the transient guests other than breakfast provided in the area of the dwelling that is generally used by the resident family for the consumption of food (see Article XI).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

BEST MANAGEMENT PRACTICES (BMPS)

Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. 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.

BLIGHTED AREA

Any area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent that they no longer justify fundamental repairs and adequate maintenance; or in which dwellings predominate that, by reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to the public safety, health or morals.

BLOCK

That property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river, or live stream, or between any of the foregoing and any other barrier to the continuity of development.

BOARD

The Town of Indian Head Board of Appeals.

BUFFER

A naturally vegetated area or vegetated area established or managed to protect aquatic, wetland, shoreline, and terrestrial environments from man-made disturbances. An area on a lot or parcel that parallels the side and/or rear property lot line(s) that extends into the lot from the property line, and which is included within the building setback line. The buffer is an area that may contain a berm, wall, or natural growth, or combination thereof, which shall serve as barrier to vision, light, or other nuisances between adjoining properties, wherever required by this chapter. Whenever used for screening or buffering purposes, "natural growth" shall be taken to mean coniferous, trees, bushes and shrubbery.

BUFFER MANAGEMENT PLAN

A narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will affect a portion of the buffer, affect buffer vegetation, or require the establishment of a portion of the buffer in vegetation. Buffer management plan includes a major buffer management plan, a minor buffer management plan, or a simplified buffer management plan as described in this chapter.

BUFFER, CRITICAL AREA

The area, based on conditions at the time of development, that is immediately landward from mean high water of tidal waterways, the edge of bank of a tributary stream, or the edge of a tidal wetland. The area may exist, or may be established, in natural vegetation to protect a stream, tidal wetland, tidal waters, or areas that are not naturally vegetated and may be developed or disturbed. The minimum buffer width is 100 feet, or 200 feet for new lots in the RCA; and also includes any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a nontidal wetland of special state concern as defined in COMAR 26.23.01.01.

BUFFERYARD

A combination of setback and a visual buffer or barrier in a yard or area, together with the planting required thereon (see Article XVIII).

BUILD-TO LINE

An alignment which dictates the front yard setback from a street or public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line does not apply to building projections or recesses.

BUILDING

A structure designed to be used as a place of occupancy, storage or shelter. A structure other than a tent or travel trailer, which has one or more stories and a roof, and is designed primarily for the permanent shelter, support, or enclosure of persons, animals, or property of any kind. For purposes this chapter, a "building" is a structure created to shelter human activity.

BUILDING PERMIT

A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter, plus other requirements as indicated by the Zoning Administrator.

BUILDING SCALE

The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.

BUILDING SETBACK LINE

A line beyond which the foundation wall and/or any enclosed porch, vestibule, or other enclosed portion of a building shall not project (except as provided in Article XII).

BUILDING, FLOOR AREA OF

The total number of square feet area in a building, excluding cellars, uncovered steps, and uncovered porches, but including the total floor area of accessory buildings on the same lot. All horizontal measurements shall be made between interior faces of walls. This definition also applies to floor area.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of finished ground surface along the front of the building to the highest point of roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. If a building is located on a terrace, the height above the street grade may be increased by the height of the terrace.

BUILDING, PRINCIPAL

The primary building on a lot or a building that houses a principal use.

CALIPER

The diameter measured at two inches above the root collar.

CANOPY

A permanent rooflike structure which may be freestanding or projected from a wall of a building or its supports.[1]

CERTIFY

Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the Town may accept certification by telephone from some agency when the circumstances warrant it, or the Town may require that the certification be in the form of a letter or other document.

CHILD DAY-CARE CENTER or NURSERY

A public or private institution, agency, or establishment that is licensed by the State of Maryland and provides care to nine or more children younger than 16 years of age in a facility located outside the home of the child's parent(s) or legal guardian(s) for part of a twenty-four-hour day on a regular basis and at least twice a week. Such a facility is generally described as a "child-care center," "day-care center," "day nursery," "nursery school," "parent cooperative," "preschool," "play group," "drop-in center," or similar term.

CIRCULATION AREA

That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

CLINIC

An establishment where patients are treated by specialists in various ailments practicing as a group.

CLUSTER DEVELOPMENT

A residential development to which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

COLONIAL NESTING WATER BIRDS

Includes herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is, "colonize") in relatively few areas, at which time the regional populations of these species are highly susceptible to local disturbances.

COMAR

The Code of Maryland Regulations, as from time to time amended, including any successor provisions.

COMMISSION

The Town of Indian Head Planning Commission.

COMMUNITY (OR REGIONAL), ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or by municipal or other parties, of underground or overhead electrical, gas, communication, steam, water or sewer transmission, distribution, collection, supply or display lines, including poles, crossarms, guy wires, towers, repeaters, booster switches, transformers, regulators, pumps, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar accessories and equipment used in connection with and constituting integral parts of such lines and reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for protection of public health, safety or general welfare, but not including buildings, yards or stations used for storage, repair or processing of equipment or material and not for transforming, boosting, switching or pumping purposes when such facilities are constructed on the ground.

COMMUNITY GARDEN

An area of land that is planted, cultivated, maintained and harvested by various participating members of the community for their own hobby and consumption and not for commercial purposes.

COMMUNITY PIERS

Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.

COMMUNITY, PHILANTHROPIC INSTITUTION

A private nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member of said organization or individual, and which either provides volunteer aid to the sick and wounded armies in time of war and national relief in case of great calamities or provides all or any of the following: religious, social, physical, recreational and benevolent services.

COMPREHENSIVE PLAN

The Town of Indian Head Comprehensive Plan adopted by the Town Council on February 1, 2010, and any future amendments, revisions or updates that may be officially adopted by the Town Council. A composite of mapped and written text, the purpose of which is to guide the systematic physical development of the Town, which is adopted by the Mayor and Council and includes all changes and additions thereto made under the provision of the Annotated Code and the Land Use Article.

CONDOMINIUM

An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

CONFERENCE CENTER

A structure or group of structures designed, used or intended to be used by more than 50 individuals for the purpose of gathering or meeting. Excluded from the definition are schools, hospitals, public institutions, houses of worship, and fire assembly halls when capacity is less than 400 persons.

CONFORMING

A parcel or lot that meets all Critical Area requirements. "Conforming" does not include a parcel or lot for which a Critical Area variance is sought or has been issued; or that is located in the resource conservation area and is less than 20 acres.

CONSERVATION EASEMENT

A nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources or open space.

CONSOLIDATION

A combination of any legal parcel of land or recorded legally buildable lots into fewer lots or parcels than originally existed. Consolidation includes any term used by the Town for a development application that proposes to combine legal parcels of land or recorded, legally buildable lots into fewer parcels or lots than the number that existed before the application, a lot line abandonment, a boundary line adjustment, a replatting request, and a lot line adjustment.

CONVENIENCE STORE

A one-story, retail store containing less than 4,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the 7-11® and Dash In® chains.

CRITICAL AREA

All lands and waters within or adjacent to the Town of Indian Head as defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland, and further regulated under Article IX of this chapter. They include:

(1) 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;

(2) All land and water areas within 1,000 feet beyond 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; and

(3) Modification to these areas through inclusions or exclusions proposed by the Town of Indian Head and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

CRITICAL AREA COMMISSION

The Maryland Chesapeake Bay Critical Area Commission.

DAY-CARE HOME

A residence licensed by the State of Maryland in which care is given to a child in place of parental care, for less than 24 hours a day, in a residence located outside the home of the child's parents for which the day-care provider is paid. No more than eight children under the age of six, consisting of no more than four children under age two, including the provider's own, may be provided for.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

DENSITY

For residential developments, the number of dwelling units per acre within a defined and measurable area. For nonresidential developments, floor area ratio (FAR).

DEVELOPED WOODLANDS

An area of trees or trees and natural vegetation that is interspersed with residential, commercial, industrial, or recreational development.

DEVELOPER

A person who is responsible for any undertaking that requires a zoning permit, special exception permit, sign permit, or subdivision approval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

DEVELOPMENT

Any activity that materially affects the condition or use of dry land, land under water, or any structure.

DEVELOPMENT ACTIVITIES

Human activity that results in disturbance to land, natural vegetation, or a structure.

DIMENSIONAL NONCONFORMITY

A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

DISTURBANCE

An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. "Disturbance" does not include gardening or maintenance of an existing grass lawn.

DOCUMENTED BREEDING BIRD AREAS

Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.

DRIVE-IN ESTABLISHMENT

A place of business being operated for the retail sale of food and other goods, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their automobiles or to allow the consumption of any food or beverage obtained from a carry-out window in automobiles or elsewhere on the premises.

DRIVEWAY

That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

DUPLEX

See "residence, duplex."

DWELLING

A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings (not including hotels and motels).

DWELLING UNIT

A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. "Dwelling unit" includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guesthouse, or a caretaker residence.

DWELLING, ATTACHED

A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

ECOSYSTEM

A more or less self-contained biological community, together with the physical environment in which the community's organisms occur.

ELDERLY AND/OR PHYSICALLY IMPAIRED

(1) People who are 62 years of age or over.

(2) Families where either the husband or wife is 62 year of age or older.

(3) People who have physical impairments which are expected to be of long-continued and indefinite duration, substantially impede the ability to live independently, and are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

ENDANGERED SPECIES

Any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an endangered species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.

ESTABLISHMENT

The planting or regeneration of native vegetation throughout the Critical Area buffer.

EXCESS STORMWATER RUN-OFF

All increases in stormwater resulting from:

(1) An increase in the imperviousness of the site, including all additions to buildings, roads, and parking lots;

(2) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

(3) Alteration of drainageways or regrading of slopes;

(4) Destruction of forest; or

(5) Installation of collection systems to intercept street flows or to replace swales or other drainageways.

EXPENDITURE

A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

FAMILY

One or more persons living together as a single housekeeping unit. More than five unrelated individuals occupying a dwelling unit shall not be considered a family.

FAMILY DAY CARE

The care given to eight or fewer children younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence located outside the home of the child's parents, for which the provider is paid in cash or in kind, and registered under COMAR Title 13A, Subtitle 15.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

FINANCIAL ASSURANCE

A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Town.

FISHERIES ACTIVITIES

Commercial, water-dependent fisheries facilities, including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations.

FLOODPLAIN

Any land area susceptible to be inundated by water from the base flood. As used in this chapter, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the "Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency, a copy of which is on file in Town Hall.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this chapter, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the Town Hall.

FLOOR AREA RATIO (FAR)

An intensity measured as a ratio derived by dividing the gross floor area of all buildings by the base site area.

FOREST

A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. "Forest" includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut but not cleared. Forest does not include orchards.

FOREST INTERIOR DWELLING BIRDS

Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).

FOREST MANAGEMENT

The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

FOREST PRACTICE

The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.

FRONTAGE

The length of all property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street; or, if dead-ended, then all of the property abutting on one side between an intersection street and dead end of the same.

FRONTAGE, ZONING LOT

The length of all the property of such zoning lot fronting on a street measured between side lot lines.

FULLY ESTABLISHED

When the Critical Area buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.

GARAGE, PARKING

A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

GARAGE, PRIVATE

A garage used for storage purposes only and having a capacity of not more than four vehicles.

GARAGE, STORAGE

A building or portion thereof, designed or used exclusively for storage of motor-driven vehicles and where motor-driven vehicles are not equipped, hired, or sold.

GAS SALES

Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail and where, in addition, minor repair work may be performed, such as ignition service, tire repair, repair and replacement of minor parts, such as pumps and filters, brake service, and the like. "Gas sales" does not include a repair or body shop, but shall include self-service filling stations and any convenience store accessory to or associated with such gas sales.

GRANDFATHERED PARCEL OR GRANDFATHERED LOT

A parcel of land created prior to December 1, 1985, or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.

GROSS DEVELOPABLE AREA

Total site acreage minus tidal wetland acreage equals gross developable area.

GROSS FLOOR AREA

The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

GROSS RESIDENTIAL DENSITY

For the total site, excluding areas designated as tidal wetlands, gross residential density shall not exceed the average number of dwelling units per acre as permitted.

GROUP HOME/DISABLED OR INFIRM HOME

A residence within a single dwelling unit for at least six but not more than nine people who are physically or mentally disabled or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.

GROUP HOME/HALFWAY HOUSE (SMALL)

A home for not more than eight people who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two people providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.

GROUP HOME, PRIVATE

"Private group home" means a residence in which individuals that have been or are under treatment for a mental disorder may be provided care or treatment in a homelike environment, as provided for in Mental Hygiene Law, § 10-514 of the Health — General Article of the Annotated Code of Maryland. A large private group home admits at least nine but not more than 16 individuals; a small private group home admits at least four but not more than eight individuals.

GROWTH ALLOCATION

The number of acres of land in the Critical Area that the county may use, or allocate to municipal jurisdictions to use, to create new intensely developed areas and new limited development areas. The growth allocation is 5% of the total resource conservation area acreage in the county at the time the Critical Area Commission approved the county's original Critical Area Program, not including tidal wetlands or land owned by the federal government.

GUEST, PERMANENT

A person who occupies, or has the right to occupy, a hotel or apartment hotel accommodation as his domicile and place of permanent residence.

HABITABLE FLOOR

Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

HABITAT PROTECTION AREA

(1) An area that is designated for protection:

(a) Under Natural Resources Article § 8-1806, Annotated Code of Maryland, regulations adopted under that authority, or a local program; or

(b) By the Secretary of Natural Resources.

(2) Habitat protection area includes:

(a) The buffer as described in COMAR 27.01.01.01B(8);

(b) A nontidal wetland as defined in COMAR 26.24.01.02B;

(c) A habitat of a threatened species as defined in COMAR 27.01.09.03A;[2]

(d) A habitat of an endangered species as defined in COMAR 27.01.09.03A;[3]

(e) A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A;[4]

(f) A plant habitat as defined in COMAR 27.01.09.04A;[5]

(g) A wildlife habitat as defined in COMAR 27.01.09.04A;[6]

(h) Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.

HARDSHIP

A restriction on property so unreasonable that it results in an arbitrary and capricious interference with basic property rights and would render the property unusable without the granting of a variance. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or use.

HAZARDOUS MATERIAL

Any of the following: liquid or gaseous petroleum, explosives, pathogenic or toxic substances, radioactive materials or any other substance that when mixed with water or exposed to air becomes explosive in nature or reacts in such a way as to release a toxic gas or liquid.

HIGH-VOLUME TRAFFIC GENERATION

All uses in the 2,000 classification other than low-volume traffic generation uses.

HIGHLY ERODIBLE SOILS

Soils with a slope greater than 15% or those soils with a K value greater than 0.35 and with slopes greater than 5%.

HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA

An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in that their location is common knowledge and because these areas have been used regularly during recent times.

HOME ASSOCIATION (HOMEOWNERS' ASSOCIATION)

An incorporated nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in a planned unit or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and the charge, if unpaid, becomes lien against the property. When required or used, the owner(s) or developer(s) must establish a home association in accordance with the requirements and procedures as outlined by the Federal Housing Administration in Sections 7 and 8.2 of the Land Planning Bulletin, No. 6, entitled "Planned Unit Development with a Home Association," dated December 1963.

HOME OCCUPATION

A "home occupation" is an activity carried out for financial gain in a residential dwelling and is subordinate to the residential use of the property.

HORTICULTURE SALES

The art or science of growing flowers, fruit and vegetables for commercial sale.

HOSPITAL

A building or group of buildings having room facilities for one or more abiding patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices; providing, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

HOTEL

A building in which lodging or boarding are provided for more than 20 people, primarily transient, and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms.

HYDRIC SOILS

Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition, growth, or both, of plants on those soils.

HYDROPHYTIC VEGETATION

Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).

INTENSELY DEVELOPED AREA

An area of at least 20 acres or the entire upland portion of the Critical Area within the Town, whichever is less, where:

(1) Residential, commercial, institutional, or industrial developed land uses predominate; and

(2) A relatively small amount of natural habitat occurs; and

(3) Includes an area with a housing density of at least four dwelling units per acre; or

(4) Includes an area with public water and sewer systems with a housing density of more than three dwelling units per acre; or

(5) Is a commercial marina redesignated by the Town from a resource conservation area or limited development area to an intensely developed area through a mapping correction that occurred before January 1, 2006.

JUNKYARD OR SALVAGE YARD

An open area where waste or scrap materials (including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles) are bought, sold, exchanged, stored, baled, packed, disassembled, or handled. A "junkyard or salvage yard" includes an auto wrecking yard and the storage of inoperable vehicles, but does not include uses established entirely within enclosed buildings.

K VALUE

The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

KENNEL

A commercial operation that provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or engages in the breeding of animals for sale, or any place where more than two adult animals (over six months) are kept for a boarding or other fee, or any place where more than five adult animals are kept for any purpose, except eight or fewer domesticated chickens complying with all provisions of this chapter.

LAND CLEARING

Any activity that removes the vegetative ground cover.

LAND-BASED AQUACULTURE

The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.

LANDFORMS

Features of the earth's surface created by natural causes.

LANDSCAPE RATIO (LSR)

The ratio derived by dividing the area of the landscaped surface by the base site area.

LANDWARD EDGE

The limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.

LEGALLY DEVELOPED

All physical improvements to a property:

(1) Existed before Critical Area Commission approval of a local program; or

(2) Were properly permitted in accordance with the local program and impervious surface policies in effect at the time of construction.

LEVEL OF SERVICE (LOS)

The ranking of the degree of traffic congestion at an intersection, using six levels of service ranging from A, which is free-flowing, to F, which is a forced movement, using criteria and methods as presented in the Highway Capacity Manual by the Transportation Research Board. The generally accepted industry standard is that Levels of Service A, B, or C are acceptable, D is marginal, and E and F are unacceptable.

LIMITED DEVELOPMENT AREA

An area:

(1) That is developed in low- or moderate-intensity uses and contains areas of natural plant and animal habitat; and

(2) Where the quality of runoff has not been substantially altered or impaired;

(3) With a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;

(4) With a public water or sewer system;

(5) That is not dominated by land, wetland, forests, barren land, surface water, or open space; or

(6) That is less than 20 acres and otherwise qualifies as an intensely developed area.

LOADING AND UNLOADING AREA

That portion of the vehicle accommodation area used to satisfy the requirements of § 440-1710.

LOCAL SIGNIFICANCE

Development of a minor scale which:

(1) Causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located;

(2) Does not substantially affect the Critical Area Program of the Town; and

(3) Is not considered to be major development as defined in this chapter.

LOT

A parcel of land whose boundaries have been established by some legal instrument such as recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee-simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. Subject to § 440-803, the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter.

LOT AREA

The total area circumscribed by the boundaries of a lot, except that when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line or, if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street; and in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

LOT COVERAGE

(1) The percentage of a total lot or parcel that is:

(a) Occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or

(b) Covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement, or any man-made material;

(c) Ground area covered or occupied by a stairway or impermeable deck.

(2) Does not include:

(a) A fence of wall that is less than one foot in width that has not been constructed with a footer;

(b) A walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier;

(c) A wood mulch pathway; or

(d) A deck with gaps to allow water to pass freely.

LOT DEPTH

The mean horizontal distance between the front lot line and rear lot line of a lot, measured within the lot boundaries.

LOT LINE, FRONT

That boundary of a lot which is along an existing private or dedicated public street or where a public street exists is along a public way. In the case of a corner lot, both boundaries along a public way shall be considered front lot lines.

LOT LINE, REAR

The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line.

LOT LINE, SIDE

Any boundary of a lot which is not a front lot line nor a rear lot line.

LOT LINES

The property lines bounding the lot.

LOT OF RECORD

A parcel of land which has been legally recorded in the land records of Charles County.

LOT WIDTH

The horizontal distance between the side lot lines of a lot measured at the required front yard setback line.

LOT, CORNER

A lot abutting on and at the intersection of two or more streets (see "lot line, front" and "yard, front" definitions).

LOT, FLAG

A lot or parcel with less frontage on a public street than is normally required, with access provided to the bulk of the lot by means of a narrow corridor.

LOT, INTERIOR

A lot other than a corner lot, flag lot or through lot.

LOT, THROUGH

A lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

LOW-VOLUME TRAFFIC GENERATION

Uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

MANUFACTURED HOUSING

Single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974,[7] is transportable in one or more sections, is built on a permanent chassis; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site and does not have wheels or axles permanently attached to its body or frame.

MARINA

Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities. A marina may include boat sales, boat fuel sales, boat construction, boat repair, marine equipment sales or promotional events, boat and jet ski rental and other uses clearly incidental to watercraft activities.

MARQUEE

A rooflike structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way.

MEAN HIGH WATER LINE (MHWL)

The average level of high tides at a given location.

MINING

The excavation or extraction of any earth products of natural mineral deposit, except where such excavation is for the purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot by the owner of the property.

MITIGATION

An action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.

MOBILE HOME

A dwelling unit that:

(1) Is not constructed in accordance with the standards set forth in the Town's building code applicable to site-built homes; and

(2) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis;

(3) Exceeds 40 feet in length and eight feet in width; and

(4) Was built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

MOBILE HOME PARK

A residential use in which more than one manufactured home or mobile home is located on a single lot.

MODULAR HOME

A dwelling unit composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home, or a series of panels or room sections transported on a truck and erected or joined together on the site.

MOTEL

The same as "hotel" except it is designed to accommodate any number of guests, the building or buildings are designed primarily to serve tourists traveling by automobile, and ingress and egress to rooms need not be through a lobby or office.

MOTOR VEHICLE SALES

Storage and display for sale of more than one motor vehicle or any type of trailer, provided the trailer is unoccupied, and where repair or body work is incidental to the operation of the new or used vehicle sales.

MOTOR VEHICLE SERVICE, REPAIR AND MAINTENANCE

Any building, structure, improvements, or land used for repair and maintenance of automobiles, motorcycles, trailers, or similar vehicles, including but not limited to body, fender, muffler, or upholstery work, oil change, lubrication, painting, tire service and other functionally similar repairs. This use does not include dismantling or salvage of parts.

NATURAL FEATURES

Components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.

NATURAL FOREST VEGETATION

Vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in the State of Maryland. Areas of natural forest vegetation planted to meet the mitigation requirements in this chapter shall resemble the structure and species composition of natural forests.

NATURAL HERITAGE AREA

Any communities of plants or animals which are considered to be among the best statewide examples of their kind and are designated by regulation by the Secretary of the Department of Natural Resources.

NATURAL REGENERATION

The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

NATURAL VEGETATION

Those plant communities that develop in the absence of human activities.

NATURE-DOMINATED

A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.

NEIGHBORHOOD ESSENTIAL SERVICES

Any utility facility needed to provide basic services such as water, sewer, telephone, gas, and cable to the individual users, and including electric charging stations.

NEW DEVELOPMENT

Within the Critical Area, "new development" (as opposed to redevelopment) means a development activity that takes place on a property with predevelopment imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.

NONPOINT SOURCE POLLUTION

Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage, rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by end-of-pipe treatment, but rather by changes in land management practices.

NONRENEWABLE RESOURCES

Resources that are not naturally regenerated or renewed.

NONTIDAL WETLANDS

Those areas regulated under Title 5, Subtitle 9, of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic" vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989, and as may be amended. Nontidal wetlands do not include "tidal wetlands" regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.

NON-WATER-DEPENDENT PROJECT

A temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands.

(1) Non-water-dependent includes:

(a) A dwelling unit on a pier;

(b) A restaurant, a shop, an office, or any other commercial building or use on a pier;

(c) A temporary or permanent roof or covering on a pier;

(d) A pier used to support a non-water-dependent use; and

(e) A small-scale renewable energy system on a pier, including:

[1] A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

[2] A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

[3] A wind energy system and its wind turbine, tower, base, or other necessary equipment.

(2) A non-water-dependent project does not include:

(a) A fuel pump or other fuel-dispensing equipment on a pier;

(b) A sanitary sewage pump or other wastewater removal equipment on a pier; or

(c) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

NONCONFORMING LOT

A lot lawfully existing at the effective date of this chapter or any amendment to this chapter that does not meet the minimum area requirement of the district in which the lot is located.

NONCONFORMING PROJECT

Any structure, development, or undertaking that was lawfully initiated and that is incomplete at the effective date of this chapter or any amendment of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

NONCONFORMING SITUATION

A situation that occurs when, on the effective date of this chapter or any amendment of this chapter, any lawful existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter. Nonconforming signs shall not be regarded as nonconforming situations for purposes of Article VIII but shall be governed by the provisions of Article XVI.

NONCONFORMING USE

A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located (for example, a commercial office building in a residential district may be a nonconforming use). The term also refers to the activity that constitutes the use made of the property (for example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use).

NURSING CARE HOME

A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital, institutional facility or nursing facility to not more than nine persons.

NURSING FACILITY

An institutional facility (or a distinct part of an institution) which is primarily engaged in providing skilled nursing care and related services for residents who require medical or nursing care, rehabilitation services for the rehabilitation of injured, disabled, or sick persons; or, on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental diseases.

OCCUPANCY PERMIT

Official certificate that a premises conforms to provisions of this chapter and may be occupied. Unless such a permit is issued, a structure cannot be occupied.

OFFICE

An office for the use of professional people such as doctors, lawyers, accountants, etc., or general business offices such as insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc., but not including any retail or wholesale store or warehouse, except as otherwise provided herein.

OFFSETS

Structures or actions that compensate for undesirable impacts.

OPEN-AIR MARKET

An open or covered outside area used for the display and sale of farm, craft, or similar items and may include flea markets and produce markets, served by adequate parking.

OPEN SPACE

An area of land that provides light and air, or scenic, recreational or similar purposes. Open space may include, but not be limited to, lawns, decorative plantings, sidewalks and walkways, active and passive open space, including playgrounds, fountains, swimming pools, wooded areas, and watercourses, but shall not include loading areas, parking areas, or surfaces for the storage of vehicles.

OPEN SPACE RATIO (OSR)

The proportion of a site consisting of open space calculated using the base site area.

OVERBURDEN

The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.

PALUSTRINE

All nontidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per 1,000 parts of water.

PARKING AREA AISLES

A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

PARKING AREA, LOT, OR STRUCTURE

A structure, or an off-street area for parking or loading and unloading, whether required or permitted by this chapter, including driveways, accessways, aisles, and maneuvering areas, but not including any public or private street right-of-way.

PARKING SPACE

A portion of the vehicle accommodation area set aside for the parking of one vehicle.

PARKING, FLOOR AREA

The floor area of a structure as defined herein, less storage and warehouse areas, used principally for nonpublic purposes of said structure. Any basement or cellar space used for retailing shall be included in the parking floor area for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

PERSON

An individual, trustee, executor, other fiduciary, corporation firm, partnership, property owner, association, organization, or other entity acting as a unit.

PHYSIOGRAPHIC FEATURES

The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

PIER

A structure built out over water with piles used for access to the water, watercraft and other water-oriented activities. "Pier" means any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.

PIER, COMMUNITY

Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.

PIER, PRIVATE

Pier serving the occupant of a single residential property.

PLANNING COMMISSION

The Town of Indian Head Planning Commission.

PLANT HABITAT

A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.

PORT

A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.

PRINCIPAL STRUCTURE

The primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling

PRIVATE HARVESTING

The cutting and removal of trees for personal use.

PRIVATE ROAD

Any road or right-of-way that is used for ingress or egress that is not owned or maintained by a public body.

PRIVATE SERVICE CLUB

An incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, and recreational or like activities operated for the benefit of its members and not open to the general public.

PROGRAM AMENDMENT

Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.

PROGRAM REFINEMENT

Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include:

(1) A change to an adopted program that results from state law;

(2) A change to an adopted program that affects local processes and procedures;

(3) A change to a local ordinance or code that clarifies an existing provision; and

(4) A minor change to an element of an adopted program that is clearly consistent with the provisions of state Critical Area law and all the criteria of the Commission.

PROJECT APPROVALS

The approval of development, including approval of subdivision plats and site plans, inclusion of areas within floating zones, issuance of variances and special exception permits, and issuance of zoning permits. The term does not including building permits.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

PROPERTY LINES

The lines bounding a zoning lot, as defined herein.

PROPERTY OWNER

A person who holds legal or equitable title to the real property, including two or more persons holding legal or equitable title to the property under any form of joint ownership.

PUBLIC WATER-ORIENTED RECREATION

Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

PUBLIC WAY

Any sidewalk, street, alley, highway, or other public thoroughfare.

QUARRY OPERATION

The excavation of stone or slate for commercial sale.

RECEIVE-ONLY EARTH STATION

An antenna and attendant processing equipment for reception of electronic signals from satellites.

RECLAMATION

The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.

RECYCLING CENTER

A use conducted for private (nongovernmental) and/or commercial (for-profit) purposes by an owner or operator duly and currently licensed by all applicable governmental authorities that serves and operates as a drop-off point for temporary storage (not processing) of nonliquid recyclable solid waste materials. Hazardous or toxic materials as defined by Charles County, State of Maryland and/or federal laws shall not be permitted to be dropped off and/or collected. All equipment and operations associated with a recycling center (with the exception of motor vehicle access or parking), including but not limited to loading and unloading, shall be located and conducted inside a building containing four walls and a roof, shielded from public view and supervised. The term "supervised" shall be defined for the purposes of the recycling collection facility as having an employee of the duly licensed recycling collection facility owner and/or operator on site and personally observing and monitoring all drop-off and/or collection activity.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

REDEVELOPMENT

The process of developing land which is or has been developed. For purposes of implementing Critical Area provisions of this chapter, "redevelopment" (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.

REFORESTATION

The establishment of a forest through artificial reproduction or natural regeneration.

RENEWABLE RESOURCE

A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.

RESIDENCE, APARTMENT(S)

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

RESIDENCE, COMMERCIAL

A single or multifamily residence located above and/or behind the principal commercial use.

RESIDENCE, DUPLEX

A two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground-floor entrance.

RESIDENCE, MULTIFAMILY CONVERSION

A multifamily residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

RESIDENCE, PRIMARY WITH ACCESSORY APARTMENT

A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 30% of the gross floor area of the building or less than 300 square feet. The accessory apartment may be located in the principal residence or an accessory building. The owner of the residential unit must occupy at least one of the dwelling units on the premises.

RESIDENCE, SINGLE-FAMILY DETACHED

A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

RESIDENCE, TOWNHOUSES

A multifamily resident use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground-floor entrance.

RESIDENCE, TWO-FAMILY APARTMENT

A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.

RESIDENCE, TWO-FAMILY CONVERSION

A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

RESOURCE CONSERVATION AREA

An area that is characterized by:

(1) Nature-dominated environments, such as wetlands, surface water, forests, and open space; and

(2) Resource-based activities, such as agriculture, forestry, fisheries or aquaculture; and

(3) An area with a housing density of less than one dwelling per five acres.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

RESTAURANTS

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

(2) RESTAURANT, FAST-FOOD An establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.

(a) RESTAURANT, FAST-FOOD CARRYOUT Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are no facilities for on-premises consumption of food.

(b) RESTAURANT, DRIVE-IN OR DRIVE-THROUGH Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through window or while parked.

(3) RESTAURANT, CAFETERIA Any establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth or counter inside the establishment.

RESTORATION

The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.

RETAIL STORE

Stores selling one kind or various kinds of goods, as distinct from services, such as, but not limited to, drugstores, grocery stores, department stores, camera shops, bookstores, and record shops.

REZONING

An amendment to or change in the Official Zoning Map.

RIPARIAN HABITAT

A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

ROAD

A public thoroughfare under the jurisdiction of the state, a county, a municipal corporation, or any other public body. "Road" does not include a drive aisle or driveway.

ROADSIDE STAND

An area, structure, or vehicle used for display and sale of agricultural produce, where the majority of the produce is produced by the owner on the premises or within the immediate neighborhood of the roadside stand, or the preparation and sale of cooked and packaged food on a temporary basis subject to County Health Department approval.

ROOMING HOUSE

A dwelling in which lodging is furnished, for compensation, to three or more, but not exceeding nine, guests. A rooming house shall not be deemed a home occupation.

SATELLITE DISH

An accessory structure that allows the direct reception and/or broadcast of signals to or from geostationary earth communications and generally less than one meter in diameter.

SCHOOL

A site or lot of record used exclusively or primarily used as a nursery school, kindergarten, elementary school, junior high school, middle school, senior high school, vocational school or exceptional learning center. "School" does not include a premises or site upon which there is an institution devoted solely to professional education or training or an institution of higher education, including, but not limited to, a community college, junior college, four-year college, or university.

SEASONALLY FLOODED WATER REGIME

A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

SELECTIVE CUTTING

The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

SHORE EROSION PROTECTION WORKS

Structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area.

SHORELINE EROSION HAZARD AREA

Any shoreline that has a historical shoreline erosion of four feet to eight feet or greater according to the Atlas of Historic Erosion Rates in Maryland (1965, Coastal Resources Division, Tidewater Administration).

SIGN

Any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them. See Article XVI for definitions of signs.

SIGN PERMIT

A permit issued by the Zoning Administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.

SIGN, NONCONFORMING

A sign that, on the effective date of this chapter, does not conform to one or more of the regulations set forth in this chapter, particularly Article XVI.

SIGNIFICANTLY ERODING AREAS

Areas that erode two feet or more per year.

SILVICULTURE

The art and science of controlling the establishment, growth, composition, health or quality of forests and woodlands to meet the diverse needs of landowners and society on a sustainable basis.

SITE PLAN, MAJOR OR MINOR

A plan, to scale, showing uses, structures, and required improvements proposed for a parcel of land as required by this chapter.

SKETCH PLAT

A plat containing the required information listed in Appendix A.[8]

SMALL WIND GENERATORS

A specially designed turbine elevated above the ground surface that converts wind power to electrical energy for residential or commercial use.

SOLAR PANELS

A specially designed and arranged group of cells that convert light energy to electrical energy for use by residential and commercial users.

SPECIAL EVENTS

Circuses, fairs, carnivals, festivals, or other types of special events that run for longer than one day but not longer than two weeks, are intended to or likely to attract substantial crowds, and are unlike the customary or usual activities generally associated with the property where the special event is to be located.

SPECIAL EXCEPTION

A permit issued by the Board of Appeals that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board.

SPECIAL OVERLAY DISTRICT

An area described in this chapter or on the Official Zoning Map within which special regulations are applicable.

SPECIES IN NEED OF CONSERVATION

Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.

SPECIMEN TREE

All native and nonnative trees, excluding invasive species, of 25 inches in diameter at breast height (dhb/4.5 feet high above ground level) or greater and trees having 75% or more of the dbh of the current state champion of that species.

SPOIL PILE

The overburden and reject materials as piled or deposited during surface mining.

STEEP SLOPES

Slopes of 15% or greater incline.

STORAGE

The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. "Storage" does not include the overnight parking in residential zones of a single vehicle weighing no more than 2.5 tons gross vehicle weight which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.

STORMWATER MANAGEMENT

(1) For quantitative control, a system of vegetative and structural measures that controls the increased volume and rate of surface runoff caused by man-made changes to the land; and

(2) For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.

STREET

A public street or a street with respect to which an offer of dedication to the Town of Indian Head has been made.

STREET, CUL-DE-SAC

A minor street with only one outlet and having an appropriate terminal for safe and convenient reversal of traffic movement.

STREET, INTERMEDIATE ARTERIAL (MARYLAND ROUTE 210)

A route for which the major function is movement of large volumes of vehicular through traffic.

STREET, LOCAL ROAD

A route for which the major function is movement of small volumes of local vehicular traffic, primarily to provide access to abutting property.

STREET, MAJOR COLLECTOR (BLAIR ROAD, STRAUSS AVENUE)

A route for which the major function is movement of large volumes of primarily vehicular through traffic, which provides access to abutting land as a secondary function.

STREET, MINOR COLLECTOR (BLAND DRIVE, DOGWOOD STREET, JENNIFER DRIVE, JENKINS DRIVE, INDIAN HEAD AVENUE, MCWILLIAMS STREET, MATTINGLY AVENUE, WOODLAND DRIVE)

An intra-Town route for which the major function is movement of large volumes of local traffic. Providing access for through traffic is a secondary function.

STREET, PRIVATE

A way that is privately owned and maintained.

STRUCTURE

Anything constructed or erected. In the Critical Area, anything constructed or erected on or over land or water that may or may not result in lot coverage.

SUBDIVISION

The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future).

SUBDIVISION, MAJOR

Any subdivision other than a minor subdivision.

SUBDIVISION, MINOR

A subdivision that does not involve any of the following: the creation of more than a total of four lots; the creation of any new public streets, the extension of a public water or sewer systems, or the installation of drainage improvements through one or more lots to serve one or more other lots.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

SUBSTANTIAL ALTERATION

Any repair, reconstruction, or improvement of a principal structure, where the proposed total footprint is at least 50% greater than that of the existing principle structure.

TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCE

A residence (which may be a mobile home) that is:

(1) Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or

(2) Located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed; or

(3) Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

THINNING

A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.

THREATENED SPECIES

Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a threatened species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.

TOPOGRAPHY

The existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.

TOURIST HOME

See "bed-and-breakfast."

TOWER

Any structure whose principal function is to support an antenna.

TOWN

Town of Indian Head located in Charles County, Maryland.

TRACT

A lot (see definition). The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.

TRANSITIONAL HABITAT

A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

TRANSPORTATION FACILITIES

Anything that is built, installed, or established to provide a means of transport from one place to another.

TRAVEL TRAILER

A structure that:

(1) Is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and

(2) Is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.

TREE

A large, woody plant having one or several self-supporting stems or trunks and numerous branches that reaches a height of at least 20 feet at maturity.

TRIBUTARY STREAMS

A perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or which is so noted on the most recent U.S. Geological Survey 7 1/2-minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the Town of Indian Head.

UNWARRANTED HARDSHIP

Means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

UPLAND BOUNDARY

The landward edge of a tidal wetland or nontidal wetland.

USE

The activity or function that actually takes place or is intended to take place on a lot.

USE, ACCESSORY

See "accessory use."

USE, PERMITTED

A use which may be lawfully established in a particular district or districts, provided it conforms to all regulations, requirements, and standards of such district and is listed in the Table of Permissible Uses.[9]

USE, PRINCIPAL

A use listed in the Table of Permissible Uses and clearly the dominant use of the property.

UTILITY FACILITIES

Any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in § 440-1004.

UTILITY FACILITIES, COMMUNITY OR REGIONAL

All utility facilities other than neighborhood facilities.

UTILITY FACILITIES, NEIGHBORHOOD

Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

UTILITY TRANSMISSION FACILITIES

Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.

VARIANCE

A grant of permission by the Board of Appeals that authorizes the recipient to do that which, according to the strict letter of this chapter, the applicant could not otherwise legally do.

VEHICLE ACCOMMODATION AREA

That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

VETERINARIAN OFFICE

A facility staffed by at least one veterinarian duly licensed by the State of Maryland for the medical treatment and care of animals and the keeping and boarding of animals incidental thereto.

WATER-DEPENDENT FACILITIES

Structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Critical Area buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities.

WATER-USE INDUSTRY

An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto, which is subject to inundation by reason of overflow of water.

WATERFOWL

Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.

WETLANDS, TIDAL (STATE)

Any land under the navigable waters of the state below the mean high tide, affected by the regular rise and fall of the tide.

WHOLESALE SALES

On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

WILDLIFE CORRIDOR

A strip of land having vegetation that provides habitat and safe passage for wildlife.

WILDLIFE HABITAT

Plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.

WOODED AREA

An area of contiguous wooded vegetation where trees are at a density of at least one six-inch-or-greater-caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.

WRECKING (DEMOLITION) PERMIT

A permit required for razing, demolishing, or removing a building or structure, either entirely or in part.

YARD

An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter. A "yard" extends along a lot line and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

YARD, CORNER SIDE

A side yard which adjoins a public street.

YARD, FRONT

A yard extending along the full length of the front lot line of the zoning lot. In the case of a corner lot, both yards extending along the public streets shall be considered front yards.

YARD, INTERIOR SIDE

A side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.

YARD, REAR

A yard extending along the full length of the rear lot line of the zoning lot.

YARD, SIDE

A yard extending along a side lot line measured from the front yard to the rear yard.

ZONING ADMINISTRATOR

The official designated as the official responsible for enforcing and administering all requirements of this chapter.

ZONING PARENT DISTRICT

Those basic districts initially listed other than special overlay districts in Article IX.

ZONING PERMIT

A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

ZONING SPECIAL OVERLAY DISTRICT

A district which is placed over the existing regular or parent zoning because of siting of a zoning district or imposes additional restrictions and includes all those districts listed as special overlay districts in Article IX, Part II and Part 3.

[1] Editor's Note: The definition of "certificate of occupancy," which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

[2] Editor's Note: COMAR 27.01.09.03A was repealed 11-4-2019.

[3] Editor's Note: COMAR 27.01.09.03A was repealed 11-4-2019.

[4] Editor's Note: COMAR 27.01.09.03A was repealed 11-4-2019.

[5] Editor's Note: COMAR 27.01.09.04A was repealed 11-4-2019.

[6] Editor's Note: COMAR 27.01.09.04A was repealed 11-4-2019.

[7] Editor's Note: See 42 U.S.C. § 5401 et seq.

[8] Editor's Note: Appendix A is included as an attachment to this chapter.

[9] Editor's Note: See the Official Table of Use Regulations by Zoning Districts, included as an attachment to this chapter.

§ 440-201 Lots divided by district lines.

A. Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the large portion of the lot lies shall apply to the entire lot.

B. Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.