For the purpose of this chapter, certain terms
used are herein defined as follows:
ACCESSORY USE
A use of a building, lot or portion thereof, which is incidental
and subordinate to the principal use of the main building or lot.
ADULT BOOKSTORES
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas (as defined below), or an establishment with a segment
or section devoted to the sale or display of such material.
[Added 2-11-1985 by Ord. No. 141]
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 25 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities, for observation by patrons therein.
[Added 2-11-1985 by Ord. No. 141]
AGRICULTURE or AGRICULTURAL PURPOSES
The raising of farm products for use or sale, including animal
or poultry husbandry, and the growing of crops such as grain, vegetables,
fruit, grass for pasture or sod, trees, shrubs, flowers, and similar
products of the soil.
AMUSEMENT ARCADE
Any facility for the use of operation of more than three
amusement devices or game machines, including, but not limited to,
television games, electronic novelty gases, electro-mechanical and
electronic target games, driving games, pinball machines and other
similar devices and machines.
[Added 5-30-1982 by Ord. No. 125]
APARTMENT
An area within a structure arranged or designed for occupancy
by one family.
APARTMENT HOUSE
Any building arranged, designed or used for rent or occupancy,
or is cooperatively owned by its occupants having three or more family
units, and with a yard, compound, service, or utilities in common.
BOARD
Refers to the Board of Appeals.
BUILDING LINE
The line established by law beyond which a building shall
not extend as determined by front, side, and rear yards herein.
BUILDINGS
Any structure enclosed within exterior walls for the enclosure,
shelter, or protection of persons, animals or chattels.
COMMISSION
Refers to the Town of Sykesville Planning and Zoning Commission.
CONDITIONAL USES
Uses which are specified for Board of Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally, or disapproved in accordance with §
180-105. The term "conditional use" shall constitute the same meaning as "special exception" specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.
CONSTRUCTION STARTED
For the purposes of this chapter, construction will be deemed
to have begun when all of the necessary excavation and piers and/or
footings of one or more buildings or structures covered by the permit
have been completed.
DWELLING
Any building arranged, designed, or used in whole or in part,
for residential purposes, but not including a tent, cabin, trailer
or mobile home, or a room in a hotel or motel.
A.
DWELLING, SINGLE-FAMILYA detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
B.
DWELLING, TWO-FAMILYA detached building with one dwelling unit above the other (duplex) or two semi-detached dwelling units located on abutting lots separated by a party wall without openings, in either case for or used exclusively for residential purposes, but not more than a total of two families or two housekeeping units.
C.
DWELLING, MULTIFAMILYA detached building or a group of attached and semi-detached buildings, designed for or used exclusively for residential purpose by more than two families or more than two housekeeping units.
ESSENTIAL SERVICES or ESSENTIAL UTILITY EQUIPMENT
Facilities owned or maintained by public utility companies
or public agencies, located in public ways or in easements provided
for the purpose, or on a customer's premise and not requiring private
right-of-way, and reasonably necessary for the furnishing of adequate
water, sewer, gas, electric, communication or similar services to
adjacent customers; including pumping stations and waste water treatment
plants, but not including any building, yard, station or facility
requiring a site in excess of 400 square feet, except as hereinbefore
provided, and not including any cross country pipeline, transmission
line or towers, communications towers, or any line requiring a private
right-of-way.
[Amended 7-9-2001 by Ord. No. 223b]
FAMILY
One or more persons related by blood, marriage or adoption
occupying a dwelling and living together as a single housekeeping
unit or a group of not more than three persons not related by blood,
marriage or adoption occupying a dwelling and living together as a
single housekeeping unit.
[Amended 9-25-2006 by Ord. No. 267]
FARM
An area of land used for agricultural purposes, as defined
in section 20.02 and which provides a primary source of income for
the occupant or owner.
GARAGE
A.
GARAGE, RESIDENTIALAn accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles, 50% of which may be used for the storage of a commercial vehicle.
B.
GARAGE, SERVICEA garage, other than a residential garage, where motor vehicles, trailers, or other type of equipment are stored, equipped for operation, repaired, or kept for remuneration, hire or sale.
HOME OCCUPATION
Any use of a dwelling, conducted solely by a member or members
of the family residing therein, which is incidental or subordinate
to the main use of the building for dwelling purposes; which utilizes
not more than 25% of the floor area of the dwelling; which does not
generate vehicular parking or nonresidential traffic to a greater
extent than would normally result from residential occupancy; in connection
with which no inventory or stock in trade is kept for regular sale
to persons coming to the premises; and with no other evidence being
visible, other than a sign not exceeding one square foot, audible
or abnormally odoriferous from the outside of the dwelling to indicate
it is being used for other than residential purposes.
HOSPITAL, CLASS A
A hospital which does not primarily treat communicable diseases,
insane or feebleminded patients, epileptics, drug addicts, or alcoholic
patients, and is not a penal or correctional institution.
HOSPITAL, CLASS B
A hospital which does primarily treat the types of cases
note in Class A above, and which may be a penal or correctional institution.
INDUSTRIAL PARK
The division of a tract of land which is eminently suitable
for industrial use into small tracts or parcels according to a comprehensive
plan for occupancy by a group of industries and has streets and utilities
and conforms to the requirements of section 13.5.
KENNEL
Any building or structure and/or land used, designed, or
arranged for housing, boarding, breeding or care of more than three
adult dogs kept or bred for hunting, sale, exhibition, or other use
for profit.
LOT
A piece of parcel of land occupied or intended to be occupied
by a principal building and its accessory buildings and uses, including
all open spaces required by this chapter, and having frontage on a
street as defined herein.
A.
LOT, CORNERA lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135º.
B.
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.
C.
(1)
DEPTHThe average horizontal distance between the front lot line and the rear lot line.
(2)
WIDTHThe horizontal distance between side lot lines measured at the mid-points of the side lot lines.
D.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.
MASTER PLAN
Means policies, statements, goals, and inter-related plans
for private and public land use, transportation and community facilities
documented in text and maps which constitute the guide for the Town's
future development.
MEDICAL CENTER
A medical or dental clinic building or group or combination
of such buildings occupied by medical practitioners and used for examination
and/or treatment of patients, which may include laboratory and/or
testing equipment for the purpose of providing health services to
people on an out-patient basis.
MICRODISTILLERY
An establishment for the purpose of the annual production,
storage, distillation, manufacturing, processing, distribution, and
wholesale and retail sale of no more than 27,500 gallons of liquor
made from produce grown or produced off-site, and for tours and tastings
of the products. Such establishment shall be in compliance with any
and all local, state, and federal liquor laws and licensing requirements
and health department regulations, and shall possess any and all licenses
which may be required by Carroll County, the Town of Sykesville, and/or
the State of Maryland, including, without limitation, a Class I manufacturer's
license as provided in Article 2B § 2-202 of the Maryland
Code, Annotated (2014) ("liquor license").
[Added 9-28-2015 by Ord.
No. 291]
NONCONFORMING USE
A use of a building or of land lawfully existing at the time
this chapter becomes effective and which does not conform with the
use regulations of the zone in which it is located.
NURSING HOMES
These items include rest homes, nursing homes, convalescent
homes for children, and homes providing chronic and convalescent care.
Extended care, intermediate care or personal care facility as defined
within Maryland State Health Department Regulations.
A.
An institution which admits two or more individuals
for care, and who are not related to the owner or administrator.
B.
Domiciliary care facility as further defined
within Maryland State Health Department Regulations.
C.
An institution which admits four or more aged
and/or disabled non related individuals not gainfully employed and
which maintains the necessary facilities and provides a protective
institutional or home-type environment.
D.
Treatment facility for emotionally disturbed
children and for Adolescents as Further Defined with Maryland State
Health Department Regulations.
E.
An institution for the treatment of emotionally
disturbed children and/or adolescents with overnight accommodations
for two or more non related individuals.
OPEN SPACE
Land provided and deemed necessary and desirable for present
and future residents and citizens of the area including such land
in stream valleys, natural woods, areas of unusual natural scenic
beauty, local play lots, recreational walkways, pathways and planting
areas in residential subdivisions.
PLANNED BUSINESS CENTER
Three or more retail stores or service establishments designed
as a unit and primarily served by common accessories such as signs,
parking lots, arcades and walkways.
RETIREMENT HOMES
Specifically designed multi-dwelling unit buildings to which
occupancy is restricted to elderly citizens.
SEPTIC MINOR SUBDIVISION
For the purposes of the Sustainable Growth and Agriculture
Preservation Act of 2012 (Senate Bill 236), after October 1, 2012,
a minor subdivision will be defined as up to seven new lots for purposes
of the applicability of Senate Bill 236 only. All development proposals
will be required to comply with all other processing and code provisions
applicable to minor subdivisions.
[Added 12-10-2012 by Ord. No. 284]
SERVICE STATION
Any area of land, including buildings and other structures
thereon that are used to dispense motor vehicle fuels, oil and accessories
at retail, where minor repair service is incidental, and no storage
or parking space is offered for rent.
SETBACK
The required minimum horizontal distance between a building
line as defined herein, and the related front, side, or rear property
line.
SIGNS
A name, identification, description, display, logo, illustration
or device (including wigway, twiller, pinwheel, pennant, and other
similar devices) which is affixed, stationed, or represented directly
or indirectly upon a building, structure or land and which directs
attention to a product, place, activity, person, institution, or business.
[Amended 12-12-2022 by Ord. No. 2022-06]
A.
BANNER (OVER THE ROAD)Any sign of lightweight fabric or similar material that is attached to a building or other structure which projects out over a public right-of-way. Signs in this category cannot exceed four feet by 22 feet in height and width.
B.
PERMANENTAny legal sign designed or used in excess of six months.
C.
TEMPORARYA sign that is not permanently attached to the ground, a structure, or another sign, designed or constructed in such a manner that it can be moved or relocated without involving any structural support changes, and is typically constructed of cloth, canvas, plastic sheet, cardboard, or other like materials. Signs in this category shall not be displayed for a period longer than six months.
SPECIFIED ANATOMICAL AREAS
[Added 2-11-1985 by Ord. No. 141]
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region,
(3)
Female breast below a point immediately above
the top of the areola;
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
[Added 2-11-1985 by Ord. No. 141]
A.
Human genitals in a state of sexual stimulation
or arousal;
B.
Acts of human masturbation, sexual intercourse
or sodomy;
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
STABLE, PRIVATE (HORSE)
An accessory structure designed for the shelter, feeding
and care of no more than two horses or ponies maintained on the property
as pets or for domestic use as distinguished from agricultural or
commercial stables.
STREET; HIGHWAY; ROAD
Any street existing or which may be approved by the Commission.
The word "street" shall also mean "road", "highway", "boulevard",
"avenue", "lane", or "court".
STRUCTURE
Anything constructed, the use of which requires fixed location
on the ground or is attached to something having such location, but
not including fences, power, gas, water, sewage, or communication
lines or poles, towers or pole structures, sidewalks, driveways or
curbs.
SUBDIVISION
The division of any tract or parcel of land into three or
more lots or parcels for immediate or future sale or lease or building
development. If a new street is involved, "subdivision" shall mean
any division of a tract or parcel of land. "Subdivision" shall not,
however, include division of land for agricultural purposes.
A.
MAJOR SUBDIVISIONA division of a tract or parcel of land into 4 or more lots or parcels for immediate or future sale or lease or building development. If a new street is involved, "subdivision" shall mean any division of a tract or parcel of land and shall be construed as a major subdivision. For the purposes of the Sustainable Growth and Agriculture Preservation Act of 2012 (Senate Bill 236) only, after October 1, 2012, a request that results in a total of eight or more new lots will be defined as a major subdivision.
[Amended 12-10-2012 by Ord. No. 284]
B.
MINOR SUBDIVISIONA division of a tract or parcel of land into no more than 3 lots or parcels for immediate or future sale or lease or building development. Additionally, divisions or redivisions of land, as the case may be, involving modifications in property lines, plat corrections, or enlargement of existing properties shall generally be construed as a minor subdivision.
TEMPORARY USE
Any use which has been authorized under the provision of
this chapter which is not unlimited as to the time in which such use
shall legally continue.
VARIANCE
A Variance is a relaxation of the terms of the Zoning Ordinance
where such Variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the results
of the actions of the applicant, a literal enforcement of the ordinance
would result in unnecessary and undue hardship.
YARD
Any open space on the same lot with a principal building(s)
which lies between such building(s) and the lot line and is open and
unoccupied from the ground up.
A.
FRONT YARDA yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building.
B.
REAR YARDA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
C.
SIDE YARDA yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING CERTIFICATE
A written statement issued by the Zoning Administrator, authorizing
buildings, structures, or uses, in accordance with the provisions
of this chapter.
Words used in the present tense include the
future tense; words used in the singular number shall include the
plural number; words in the plural number shall include the singular
number; the words "use" and "used" include the words "arranged, designed
or intended for use"; the word "shall" is always mandatory, the word
"may" is permissive; "now" shall mean at the time of the adoption
of these regulations; "hereafter" shall mean after the adoption of
these regulations. The word "person" shall include a firm, association,
organization, partnership, trust, company, or corporation as well
as an individual.