77.1
Rules of construction.
A.
Words used in the present tense include the future; words in the
singular number include the plural, and words in the plural number
include the singular unless the natural construction of the wording
indicates otherwise.
B.
The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive.
C.
Text within tables in this chapter has the same force and effect
as text outside of tables.
D.
If information given in figures or diagrams is in conflict with the
text of the regulations, the text shall control; otherwise, the figure
or diagram shall have the effect of regulations. Photographs are used
only to illustrate possible application of the text and are not regulatory.
77.2
Standard meanings for terms not defined. The Planning Director shall
refer to the most recent publication of the American Planning Association
Planning Advisory Service, A Planners Dictionary, to define any word
used in this chapter if available in the publication and not otherwise
defined in this chapter.
77.3
Critical Area terms. The definitions, words or terms identified with
the initials "CA" apply County-wide but shall not be modified without
the approval of the Maryland Chesapeake Bay Critical Area Commission.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure detached from a primary building on the same
lot and incidental and subordinate to the primary building or principal
use.
A use of land, or of a building or portion thereof, which
is incidental to, subordinate to and may customarily be found in connection
with the principal use of the land or building and which is located
on the same lot with such principal use.
A measure containing 43,560 square feet of land.
A use permitted in the Historic Rehabilitation Overlay District
that is not otherwise permitted in the underlying district.
A newly constructed area that modifies the configuration
or increases the size or gross floor area of a structure.
Public facilities determined to be capable of supporting
and servicing the physical area and designated intensity of proposed
development activities as determined by the County. Facilities may
include roads, water, sewerage, drainage, schools, parks, recreation
facilities, and other public infrastructure and facilities.
An appeal filed with the Board of Appeals by a person aggrieved
by a final order or decision made under this chapter by the Planning
Director, the Planning Commission, or the Historic Preservation Commission.
A building or portion of a building regularly featuring dancing
or other live entertainment if the dancing or entertainment that constitutes
the primary live entertainment is distinguished or characterized by
an emphasis on the exhibiting of specific sexual activities or specified
anatomical areas for observation by patrons.
Any performance, depiction or text that is intended to cause
or provide, or which reasonably may be expected to cause or provide,
sexual stimulation, sexual excitement, or sexual gratification; and,
In which an individual or individuals appear in a state of nudity
or partial nudity; or
That consists, in whole or in part, of action, activity, poses,
portrayal, depiction, or description of:
Human genitalia in a discernible state of sexual stimulation
or arousal; or
Any act, whether real or simulated, of masturbation; sexual
intercourse; anal intercourse; sodomy; fellatio; cunnilingus; fondling
of the buttocks, anus, female breasts, pubic area, or genital area;
sadomasochistic activity; or physical contact or attempted contact
with clothed or unclothed genitalia, pubic areas, buttocks, anus,
or female breasts; or
Consists of contact with animals or inanimate objects.
The establishment of a tree crop on an area from which it
has always or long been absent, or the planting of open areas which
are not presently in forest cover.
The processing of a locally produced agricultural product
in order to increase its market value, including such processes as
canning, milling, grinding, freezing, heating, and pasteurizing, and
including the use of incidental ingredients that are not locally produced.
Locally produced products include those grown or produced in Maryland
or on the Delmarva Peninsula. (See also definitions of "agricultural
production" and "farm alcohol production facility.")
Includes growing field and indoor or hydrophytic crops and vegetation,
grazing, livestock raising, hay production, orchards, vegetable growing,
sod farming, vineyards, Christmas tree growing and similar uses.
Includes value-added production: the processing of an agricultural
product grown or raised on site in order to increase its market value,
including such processes as canning, milling, grinding, freezing,
heating and fermenting, and including the use of incidental ingredients
produced off-site. (See also definitions of "farm alcohol production
facility" and "agricultural processing.")
A facility for agricultural study, research, experimentation,
or demonstration in the fields of livestock, plants, aquatics, soil,
water and air quality, food safety, nutrition, and food processing,
storage and distribution efficiency.
All methods of production and management of livestock, crops,
vegetation, and soil including compost. 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, llamas, alpacas
and poultry and handling their by-products.
Residential accommodations occupied on a transient basis
by employees of individuals or companies whose primary business is
agricultural activities.
A production facility or establishment for the manufacture
of alcoholic beverages by a state-licensed distillery, winery, rectifier,
or brewery. (Also see "farm alcohol production facility.")
Fish that travel upstream (from their primary habitat in
the ocean) to fresh waters in order to spawn.
Those streams that are tributary to the Chesapeake Bay where
spawning of anadromous species of fish (e.g., striped bass, yellow
perch, white perch, shad, and river herring) occurs or has occurred,
as shown on County resource maps.
The inclusion of a land area into an existing incorporated
community with a resulting change in the boundaries of that incorporated
community.
The owner of land which is the subject of an application
authorized by this chapter, or the owner's representative who has
received written authority to act on behalf of the owner.
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.
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.
Cultivation methods include, but are not limited to, seed or
larvae development and grow-out facilities, fish pens, shellfish rafts,
racks and longlines, seaweed floats and the culture of clams and oysters
on tidelines and subtidal areas. For the purposes of this definition,
related activities, such as processing and product storage facilities,
are not considered aquacultural practices.
"Land-based aquaculture" means the raising of fish or shell
fish in any natural or man-made, enclosed or impounded, water body.
"Water-based aquaculture" means the raising of fish and shellfish
in any natural, open, free-flowing water body.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
A residential care facility licensed by the State of Maryland
to provide housing and supportive services, supervision, personalized
assistance, health-related services, or a combination of these services
to at least two persons who need assistance in performing the activities
of daily living.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which service of food is incidental
to the consumption of such beverages. Indoor dancing, music and entertainment
are permitted. Bars include taverns, nightclubs and similar facilities
serving alcoholic beverages.
A single-family dwelling occupied on a transient basis where
for compensation, lodging, bath, and a meal are provided. This use
has no more than six guest rooms and a maximum of 12 guests at a time.
A narrow zone just above the intertidal zone which is inundated
only by exceptionally high or storm tides and which consists of non-wind-driven
coarse sand, shell fragments, and debris.
A mound of earth used for screening or landscape buffering to
separate or visually screen one area from another.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxins and sediment. Agricultural
BMPs include, but are not limited to, strip cropping, terracing, contour
stripping, grass waterways, animal waste structures, ponds, minimal
or no tillage, grass and naturally vegetated filter strips, and proper
nutrient application measures.
An off-premises sign.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, waterways,
or boundary lines of a jurisdiction.
A residential use consisting of at least one dwelling unit
with more than two rooms that are not separate dwelling units and
are rented or designed or intended to be rented. This use is designed
to be occupied by nontransient guests (at least month-to-month tenants),
as distinguished from a bed-and-breakfast establishment which is occupied
by overnight or weekly guests.
A structure limited to storage of boats and/or boat equipment
constructed over the water in conjunction with an approved pier or
wharf.
A mechanism used for raising and lowering boats vertically
from one level to another.
A berthing or landing place for a boat or other watercraft.
A structure erected over a watercourse or topographic depression
designed to convey vehicles and/or pedestrians.
An existing, naturally vegetative area or an area established
in vegetation and managed to protect aquatic, wetland, shoreline,
and terrestrial environments from man-made disturbances.
An expansion of a required Shoreline Development Buffer or stream buffer as specified in § 190-15.11.B (Critical Area) and § 190-37.1 (non-Critical Area) due to the presence of:
Slopes 15% or greater. (See Figures A and B below.) Where steep
slopes are within or adjacent to the Shoreline Development Buffer
or required stream buffer, the buffer shall be expanded four feet
for every 1% of slope beyond the required buffer or 25 feet from top
of slope, whichever is greater.
Wetlands, hydric soils or highly erodible soils.
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A narrative, graphic description or plan of the Shoreline
Development Buffer that is required when an applicant proposes a development
activity that will:
Affect a portion of the Buffer;
Alter Buffer vegetation; or
Require the establishment of all or a portion of the Buffer
in vegetation.
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There are three types of buffer management plans: major, minor
and simplified.
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A structure which is designed, built or occupied as a shelter
for persons, animals, or property.
Written permission issued by Talbot County for the construction, repairs, addition or demolition of a structure, in accordance with Chapter 28 of the Code.
The main building on a lot or a building that houses a principal
use.
A line established on a lot to indicate the restrictions
on building location due to required setbacks, buffers, or other requirements
of this chapter.
A wall or embankment constructed to protect against earthslides
or shoreline erosion, not including riprap. (See "riprap.")
Numerical regulations that govern the size or dimension of
lots and the location or dimensions of uses or structures within a
certain zoning district or for a certain land use. Bulk requirements
include setback, height, area, lot coverage, lot width requirements,
and, for cottage industries only, minimum lot size.
A limited food service facility not to exceed 20 seats.
A public facility with a life expectancy of three or more
years, to be owned and operated by or on behalf of the County.
The plan of the County to receive and expend funds for capital
projects during the fiscal year covered by the capital budget and
the next succeeding five fiscal years thereafter.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
An authorization, awarded by the Historic Preservation Commission,
allowing alteration, demolition, or new construction within an Historic
Overlay Zone.
A land area cultivated for the growing of trees harvested
and marketed for Christmas tree sales.
The removal of the entire stand of trees in one cutting with
tree reproduction obtained by natural seeding from adjacent stands
or from trees that were cut, from advanced regeneration or stump sprouts,
or from planting of seeds or seedlings by man.
Any activity that removes the vegetative ground cover.
A residential development in 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.
The addition of one or more antennas to a wireless communications
tower or other supporting structure.
Includes herons, egrets, terns, and glossy ibis. For 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.
A commercial forestry operation that would alter the existing
composition or profile, or both, of a forest, including all commercial
cutting operations done by companies and private individuals for economic
gain.
An activity carried out for pecuniary gain and listed under
the "Commercial Use" category of Table IV-1, Land Uses.
A lot or area within a development that is provided for protection
of sensitive environmental features; for stormwater management features
such as bioretention areas, infiltration areas, or ponds and areas
that may serve a floodplain function; or for passive or active recreation
areas for occupants of the development and their guests.
Any facility, excluding satellite television dish antennas,
established for the purpose of providing wireless voice, data, and
image transmission within a designated service area. A wireless communications
facility consists of one or more antennas attached to a support structure
and related equipment.
A noncommercial use established to serve the local population,
including community centers, libraries, recreation centers, educational
or interpretive facilities, parks, playgrounds, museums and related
uses.
A Zoning Map amendment that is legislative in nature, is
adopted after extensive study or to implement a Comprehensive Plan,
and covers all or a substantial area of the County.
A compilation of policy statements, goals, standards, maps,
and pertinent data relative to the past, present, and future trends
of Talbot County, including, but not limited to, its population, housing,
economics, social patterns, land use, water resources, and their use,
transportation facilities and public facilities prepared by the Talbot
County Planning Commission for the Talbot County Council.
A plan showing the major existing features and anticipated
future development of a parcel. A concept plan shows the general concept
for the proposed development with sufficient detail to demonstrate
its feasibility. For a subdivision, a concept plan shows the boundary
of the entire original parcel for which a subdivision is proposed,
lots created by prior subdivisions, and the general location and number
of proposed and anticipated future lots, roads and easements.
A unit available for sale in fee simple contained in a multi-occupancy
project subject to covenants and restrictions placing control over
the common facilities in an elected board.
A nonpossessory interest in land which restricts the manner
in which the land may be developed in an effort to reserve natural
resources for future use.
A combination of any legal, conforming or nonconforming parcels
of land or recorded, legally buildable lots into fewer parcels or
lots than existed prior to application of a revision plat.
The drawings accompanying a subdivision plat and showing
exact location and design of improvements to be installed in the subdivision
in accordance with the requirements of the Planning Director and County
Engineer as a condition of approval of the plat.
Adjoining and having a common boundary line; not separated
by a federal or state highway, County road, or major watercourse.
Businesses that provide contracting services for new construction
and site development, outdoor maintenance and landscape services,
as well as for ongoing maintenance, repair and improvement of structures
and property.
[Amended 6-11-2019 by Bill No. 1417]
A business that provides services including the installation
or repair of piers, shoreline stabilization and similar structures
or features located in or over water.[1]
The use of a portion of a residential structure or accessory
structure involving the offering of a service, the conduct of a business,
or the production of handicrafts on a qualifying parcel. A cottage
industry has the potential for greater impacts on nearby properties
compared to a home occupation.
The Director of the Talbot County Department of Public Works,
or an authorized representative of the Talbot County Department of
Public Works.
A geographic area served by a wireless communications facility
showing the effectiveness of reception and transmission in that area.
A vegetative cover to protect soils from erosion and to restrict
pollutants from entering the waterways. Cover crops can be dense,
planted crops of grasses or legumes or crop residues such as corn,
wheat, or soybean stubble which maximize infiltration and prevent
runoff from reaching erosive velocities.
All County lands and waters that are within the Maryland
Critical Area as defined in § 8-1807 of the Natural Resources
Article, Annotated Code of Maryland.
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays.
The program consists of this chapter, including maps, documents,
and other parts of this Code referred to in this chapter.
A street that terminates in a vehicular turnaround.
Establishments such as museums, art galleries, and botanical
or zoological facilities of historic, educational, or cultural interest
which are operated by public or quasi-public institutions.
Any arrangement that provides day care for children or adults
on a regular basis, with 13 or more clients, including any relatives
of the care provider.
Any arrangement that provides day care for children or adults
on a regular basis, with not fewer than nine and not more than 12
clients, including any relatives of the care provider.
Any arrangement that provides day care for children or adults
on a regular basis for eight or fewer clients, including any relatives
of the care provider.
The number of dwelling units per acre within a defined and
measurable area.
These terms have the same meaning: the Planning Office established
by the Talbot County Charter and administered by the Planning Director.
An area of trees or of trees and natural vegetation, interspersed
with residential, commercial, industrial, institutional, or recreational
development.
A person who undertakes development activity as defined in
this chapter; or a person who undertakes development as defined in
the criteria of the Critical Area Commission.
A written agreement between the County and a developer or
property owner committing the developer or property owner to install
required public or private improvements associated with the development
of land, or requiring the developer or property owner to comply with
specified restrictions on the use of the site.
The portion of a lot developed or to be developed, to include
as required: lot coverage within that area, roads, utilities, stormwater
management measures, on-site sewage disposal measures, areas subject
to human use such as active recreation areas, any required buffers,
and any additional acreage necessary to meet lot size, density, lot
coverage and other requirements of this chapter.
A right to create a lot or parcel. The number of development
rights for a particular lot, parcel or tract is equal to the number
of dwelling units permitted by the applicable density requirements
of this chapter.
A change or alteration to land. Disturbance includes any
amount of clearing, grading, or construction activity; but does not
include gardening or maintenance of an existing grass lawn.
A material, enduring change in the topography, landscape,
or structure that occurs as part of development activity. Permanent
disturbance includes:
Construction or installation of any material that will result
in lot coverage;
Construction of a deck;
Grading if the area is not restored to its previous vegetative
condition immediately after completion of the development activity;
Clearing of a tree, forest, or developed woodland; and
Septic system installation, except on a lot created before August
13, 1989, in which the septic system is located in existing grass
or clearing is not required.
A short-term change in the landscape that occurs as part
of a development or redevelopment activity. Temporary disturbance
does not include activity performed in violation of this chapter,
but does include:
Temporary storage of materials necessary for the development
activity;
Construction of a road or pathway that is removed immediately
after completion of the development or redevelopment activity and
the area restored to its previous vegetative condition;
Grading of a development site, if the area is restored to its
previous vegetative condition immediately after completion of the
development activity; and
Installing a septic system on a lot created before August 13,
1989, if the septic system is located in existing grass or clearing
is not required. "Temporary disturbance" does not include locating
a septic system in a forest or developed woodland if clearing is required.
A method for deepening streams, swamps, or coastal waters
by removing solids from the bottom.
An off-street, vehicular travel lane bounded on both sides
by an area that is not part of a vehicle accommodation area.
A second, accessory dwelling unit on the same lot as a primary,
single-family detached dwelling. An accessory dwelling may be an apartment
located within and smaller than the primary dwelling, or it may be
within a detached building accessory to the primary dwelling.
A dwelling unit in a building comprised of at least three
dwellings, each with party walls in common with at least one adjacent
dwelling unit, and generally having its own independent outside access.
This term includes townhouse and multiplex dwellings.
One dwelling unit within a structure containing two dwelling
units, each located on a separate lot and connected by an unpierced
party wall extending from ground to roof. The side yard setback where
the dwelling units are attached is waived.
An accessory dwelling unit used specifically to house an
employee of the property owner. At least 1/2 of the household income
must be obtained from the property owner.
A type of attached dwelling. A dwelling unit in a building
that resembles a large, single-family detached dwelling, but is divided
internally into three or four dwelling units separated by vertical
party walls extending from the basement to the roof. The dwelling
units are not arranged in line and typically have separate exterior
entrances.
A detached residential building containing one primary dwelling
unit with private yard area on all sides, excluding mobile homes.
A type of attached dwelling. A dwelling unit in a row of
at least three attached dwelling units; each unit has its own access
to the outside and the units are separated by parallel, vertical party
walls.
One or more rooms providing complete, independent living
facilities for at least one person, including permanent provisions
for all of the following: sanitation; cooking; eating; sleeping; and
other activities routinely associated with daily life. "Dwelling unit"
includes an accessory dwelling.
A building containing one primary dwelling unit located on
a small single lot with one side of the building close to or abutting
one side lot line, and private yards on three sides.
An interest in land owned by another that entitles its holder
to a specific use, enjoyment or right.
Any species of fish, wildlife, or plants which 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.
The wearing away of the land surface by wind or water, usually
intensified by land-clearing practices.
A deposit of cash with the County or escrow agent to secure
the promise to perform some act.
The planting of native vegetation or regeneration of predominately
native vegetation in the Shoreline Development Buffer or stream and
wetland buffers.
A facility for receptions, meetings, parties and similar
events, which provides indoor or outdoor space, sanitary facilities
and parking area.
A facility with buildings, pavilions, arenas, accessory parking
and other accessory uses that is intended and used for fairs, displays,
auctions and similar periodic or temporary events.
A publicly owned and/or operated use, building or establishment,
such as a school, post office, fire station, courthouse, roads or
water and sewerage facilities.
An individual, or two or more persons related by blood, marriage,
or adoption, or a group of not more than six unrelated persons, living
together as a single housekeeping group in a dwelling unit.
Land utilized for bona fide agricultural purposes, such as
crop production, livestock pasturage, care, handling, etc.; forestry;
and directly related uses; and which may consist of a single parcel
or several adjacent or nearby parcels under common ownership.
An alcohol production facility located on a farm and using
grains, hops, honey, grapes and other fruit, and other agricultural
products produced on the licensed farm. (See also definition of "alcohol
production facility.")
A retail market, located on a farm, selling predominately
locally (Delmarva Peninsula) produced fruits, vegetables, or meats
or ancillary promotional merchandise and farm products grown on site
such as on-farm retail dairies and creameries, meat shops, bakeries,
and similar uses.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Commercial water-dependent fisheries, including structures
for packing, processing, canning or freezing of fin fish, crustaceans,
mollusks, amphibians and reptiles, and also including related activities
such as wholesale and retail sales, product storage, crab shedding,
off-loading docks, shellfish culture operations, and shore-based facilities
necessary for aquaculture operations.
Any land area susceptible to being inundated by water from any source (see definition of "flood or flooding" in Chapter 70, Floodplain Management).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Establishments offering either groceries or prepared foods
and beverages exclusively for off-site service and consumption. Customers
may visit the site to place orders but food is usually delivered to
the customer.
A biological community dominated by trees and other woody plants
covering a land area of 10,000 square feet or greater, including areas
that have at least 100 trees per acre with at least 50% of those trees
having a two-inch or greater diameter at 4.5 feet above the ground
and larger.
Includes forest areas that have been cut but not cleared.
Does not include orchards.
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
The protection, manipulation and utilization of the forest
to provide multiple benefits, such as timber harvesting, water transpiration,
wildlife habitat, etc.
A plan for disturbance to a forest or developed woodlands,
or for a development activity that requires afforestation, within
the Critical Area but outside the Shoreline Development Buffer, that
adequately depicts or otherwise describes the activity to be conducted,
including forest preservation, afforestation, reforestation, or mitigation.
The cultivation, maintenance, management, and development
of trees on forested lands.
The portion of a lot abutting a road. Where this chapter
has a required minimum frontage, frontage is measured as the length
of a continuous, uninterrupted lot line abutting a single road. For
lots abutting more than one road, the Planning Director determines
which portion of the property boundary to use in measuring the length
of the property's frontage.
An area of the Shoreline Development Buffer that contains
as much diverse, native vegetation as necessary to support a firm
and stable riparian habitat capable of self-sustaining growth and
regeneration.
The entire area within a Gateway Overlay Zoning District.
A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters.
Cutting or otherwise distributing the soil mantle by mechanical
means so as to permanently change the existing natural features of
the earth's surface.
A structure designed and used for growing plants that are
displayed and sold to the general public on the site.
A structure designed and used for growing plants that are
not displayed or sold to the general public on the site.
The total horizontal area in square feet of all floors within
the exterior walls of a building, including habitable or usable garage,
basement, attic, or like spaces, and spaces with knee walls of three
feet or greater, but not including vent shafts, unroofed inner courts,
screen porches or spaces less than seven feet in height. Except as
required for certain land uses, gross floor area does not include
unenclosed porches, decks or carports.
A solar energy system consisting of solar modules held in
place by racks or frames that are attached to ground-based mounting
supports or resting on the ground, including solar modules that function
as a roof above a parking area, such as a carport.
A residential facility that provides housing and supportive
services, such as personal care, social or counseling services, or
transportation, to at least nine and no more than 16 residents who
need services due to a disability. The facility may also include housing
for staff.
A residential facility that provides housing and supportive
services, such as personal care, social or counseling services, or
transportation, to eight or fewer residents who need services due
to a disability. The facility may also include housing for staff.
The number of acres of land in the Critical Area that a local
jurisdiction may use to create new Intensely Developed and new Limited
Development Areas. The growth allocation shall be calculated based
on 5% of the total Resource Conservation Area in the County at the
time of the original approval of the County's program by the Commission,
not including tidal wetlands or land owned by the federal government.
An accessory, detached dwelling unit that guests of the property
owner may occupy.
Any wireless communication tower using guy wires connecting
portions of the tower diagonally with the ground to provide support
for the tower, antennas and connecting appurtenances.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or any combination thereof.
The natural abode of a plant or animal.
The Shoreline Development Buffer, nontidal wetlands, habitats
of species in need of conservation, habitat of threatened and endangered
species, plant habitats, wildlife habitats, and anadromous fish propagation
waters, as defined in COMAR 27.01.09 and COMAR 26.24.01.02B.
A document showing and describing how the purposes and requirements
of habitat protection areas will be accomplished.
A reference line establishing half the distance from the
shoreline to the center line of a body of water.
A tree with a structural defect, such as a crack, canker, weak
branch union, decay, dead wood, root damage, or root disease, that
decreases the structural integrity of the tree and which, because
of its location, is likely to fall and cause personal injury or property
damage, including acceleration of soil erosion; or
A healthy tree that, based on its location in the landscape,
with continued normal growth, will damage an existing permanent structure
or significantly increase the likelihood of soil erosion.
A hazardous tree does not include a tree for which the likelihood
of personal injury, property damage, or soil erosion can reasonably
be eliminated or significantly diminished:
The vertical distance from the lowest finished grade elevation to the highest point of the roof, parapet wall, or uppermost part of the building or structure. See § 190-12.1 for height requirements.
 Illustration: Maximum Height measured from Lowest Finished
Grade Elevation (LFGE)
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Those soils with a slope greater than 15%; or those with
a K-value greater than 0.35 and with slopes greater than 5%.
A public road designated as an arterial highway by the Comprehensive
Plan.
A public road designated as a collector highway by the Comprehensive
Plan.
The protection, rehabilitation, and/or restoration of districts,
sites, buildings, structures, and/or artifacts significant in history,
architecture, archaeology, or culture.
A floating district established to permit rehabilitation
incentives to encourage the maintenance, preservation, and rehabilitation
of historic resources.
Structures, archaeological sites, grave sites, lots, tracts
of land, or portions thereof, designated as such by the Historic Preservation
Commission.
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and these areas have been used regularly during recent years.
The use of a portion of a residential structure or accessory
structure involving the conduct of an art or profession, the offering
of a service, the conduct of a business, or the production of handicrafts.
Any structure(s) containing more than 10 guest rooms occupied
on a transient basis where, for compensation, lodging and bath are
provided for more than 30 guests, excluding a school or college dormitory,
tourist home, or apartment motel. Hotels and motels may include amenities
such as conference rooms, banquet/event facility, a restaurant, snack
bar, swimming pool, exercise room, spa service and business services.
Building used for religious services or worship by a group
of people associated with a recognized established faith.
Soil that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition
or growth, or both, of plants on those soils.
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).
Nonporous ground covers or areas such as sidewalks, roads,
parking areas, and rooftops that shed stormwater and hinder penetration
of water into the ground.
A vacant lot or parcel of land which remains after the majority
of development has occurred in an area or along a road.
Facilities and services needed to sustain industrial, residential,
and commercial activities.
Dangers or conditions that are an integral part of agritourism
activities, such as farm-based recreational or educational activities
and participation in harvesting. Such dangers or conditions include
natural conditions of land, vegetation, and waters; the behavior of
wild or domestic animals; and the ordinary dangers of structures or
equipment ordinarily used in farming and ranching operations. The
term also includes the potential of a participant to act in a negligent
manner that may contribute to the injury of the participant or others,
including failing to follow the instructions given by the farm operator
or failing to exercise reasonable caution while engaging in the farm-related
activity.
Any structure(s) containing not more than 10 guest rooms
occupied on a transient basis where, for compensation, lodging, bath,
and meals are provided for not more than 30 lodging guests, excluding
a school or college dormitory.
Any motorized vehicle:
Within the boundaries of a parcel that has been improved
as a golf course, the in-play area shall include all portions of the
property that are dedicated to and customarily used for the activity
of playing golf, and that are not beyond the boundaries of the course
or associated practice facilities. The following areas shall not be
considered in-play area: areas occupied by commercial structures;
areas used for commercial activities other than golf; areas used for
storage of materials and equipment; areas used for maintenance and
repair; parking facilities; clubhouses; tennis courts; swimming pools;
and forests or other natural areas where the activity of golf is not
customarily played in, over or through.
A privately operated use of a semipublic type, such as a
church, convent or monastery, day-care center or nursing home, philanthropic
foundation, nonprofit library, art gallery or museum, and similar
establishments.
Areas within the Critical Area that are designated as IDA
on the Talbot County Critical Area Map, as approved by the County
Council and the Critical Area Commission, based on criteria established
in this chapter.
A type of plant that is non-native to the ecosystem under
consideration and whose introduction causes, or is likely to cause,
economic or environmental harm or harm to human health.
A type of subdivision by which residential development rights
may be transferred among parcels within the Rural Conservation District
in accordance with the requirements of this chapter.
Land or buildings used for the storage, salvage, dismantling,
wrecking, baling, compacting, recycling or handling of automobiles
or other vehicles and equipment not in operable condition.
Any land or structures used for housing, breeding or training
domestic animals, not including horses.
An enclosed area or structure used for the housing of no
more than six dogs owned by the person(s) residing on the same property.
Any land or structure used for the boarding, sale, breeding
or training of domestic animals, or any land or structure used for
the housing of six or more dogs. This term does not include riding
stables.
A measure of the use of electrical power equal to 1,000 watts.
The soil erodibility factor in the Universal Soil Loss Equation.
It is a quantitative value that is experimentally determined.
Plantings that shield or partially shield the view of structures
or uses from roads or adjacent properties, or that provide a visual
separation between uses. Landscape buffers may consist of natural
existing vegetation or may be created by the use of trees, shrubs,
fences, and/or berms.
An area containing plant materials, including trees, shrubs,
ground cover, and other types of vegetation, together with elements
such as paths, benches, terraces, and similar features, established
and maintained for enhancing the appearance of the site, noise reduction,
or screening.
A plan drawn to scale, showing dimensions and details for
landscaping or planting an area.
A description of how land is occupied or used.
The limit of a site feature that is farthest away from a
tidal water, tidal wetland, or tributary stream.
An imaginary line from the shoreline to the harbor line separating
usable water areas.
In the Critical Area Overlay District, a lot or parcel on
which all physical improvements:
Areas within the Critical Area that are designated as LDA
on the Talbot County Critical Area Map, as approved by the County
Council and the Critical Area Commission, based on criteria established
in this chapter.
Animals kept in pastures, barns, stables, sheds or similar
farm buildings, raised for food or fiber production, work, riding
or boarding. This term includes cattle, goats, sheep, horses, donkeys,
swine, barnyard fowl, and similar species, but does not include cats,
dogs and other household pets.
Off-street space for bulk pickups and delivery vehicles.
A lot situated at the intersection of two or more roads.
The percentage of a total lot or parcel that is:
Occupied by a structure, accessory structure, parking area,
driveway, walkway or roadway; or
Covered with gravel, stone, shell, impermeable decking, a paver,
permeable pavement, or any man-made material.
"Lot coverage" includes the ground area covered or occupied
by a stairway or impermeable deck.
Lot coverage does not include:
A fence or wall that is less than one foot in width that has
not been constructed with a footer;
A walkway in the buffer or expanded buffer, including a stairway,
that provides direct access to a community or private pier;
A wood mulch pathway; or
A deck with gaps to allow water to pass freely.
The property line or boundary that separates a lot from a
road right-of-way. In a corner lot or through lot, both property lines
abutting a road shall be deemed to be front lot lines. For pipestem
lots, the front lot line shall be determined by the Planning Director.
The property line or lines generally opposite or parallel
to the front lot line. A through lot has no rear lot line.
Any property line other than a front lot line or a rear lot
line.
An area of land in single ownership, described in a final
subdivision plat or deed, and recorded in the Talbot County land records
in accordance with the laws and regulations in effect at the time
of recordation.
A lot other than a corner lot with frontage on more than
one road.
The distance between side lot lines measured along a line
parallel to the front lot line. The minimum lot width must be maintained
from the front building restriction line to the rear building restriction
line.
A dwelling unit that is fabricated in an off-site manufacturing
facility for installation or assembly at the building site, bearing
a label certifying that it is built in compliance with the National
Manufactured Housing Construction and Safety Standards Act of 1974.
A parcel of land under single ownership on which two or more
manufactured homes are located, not including a farm on which manufactured
homes are allowed as an accessory use.
A subdivision designed for the sale of lots for siting manufactured
homes exclusively.
A facility for mooring, berthing, storing, or securing of
watercraft, but not including community piers and other noncommercial
boat docking and storage facilities. A marina may include one or more
additional land uses or associated facilities specifically permitted
under the provisions of the Table IV-1, Land Uses, in this chapter.
A nonstructural shore erosion control method that may or
may not include low sills or breakwaters to keep the substrate in
place. A marsh is a type of wetland, generally periodically inundated,
usually characterized by grasses and other low growth (may include
shrubs in high marsh).
A plan for a defined subarea of the County that supplements
the Comprehensive Plan and may address, in more detail than the Comprehensive
Plan, topics to include population, housing, economics, social patterns,
land use, water resources, transportation facilities and public facilities,
and that is adopted as a policy guide for the area by the Talbot County
Council.
The average level of high tides at a given location.
A measure of the use of electrical power equal to 1,000 kilowatts.
The use of more than one acre of land for the breaking of
the surface soil in order to extract or remove minerals, including
any activity or process that removes minerals from their original
location.
An action taken to compensate for an adverse impact to the
environment resulting from a development activity or a change in land
use or intensity.
Two or more principal uses, listed separately in the Table
of Land Uses, on one parcel.
A dwelling unit that is fabricated in an off-site manufacturing
facility for installation or assembly at the building site which does
not bear a label certifying that it is built in compliance with the
National Manufactured Housing Construction and Safety Standards Act
of 1974.
An area designated by the County Council, within the Critical
Area Overlay Zoning District, where it has been sufficiently demonstrated
that patterns of development existing on December 1, 1985 prevent
the Shoreline Development Buffer from fulfilling its natural functions.
A dwelling unit that is fabricated in an off-site manufacturing
facility for installation or assembly at the building site, bearing
a label certifying that it is built in compliance with the standards
of the Industrialized Building and Mobile Homes Act, Title 6 of Article
83B of the Annotated Code of Maryland.
See "hotel."
Refers to plant species that are indigenous to the physiographic
area in Maryland where the planting is proposed.
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.
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.
Areas of natural habitat that provide opportunities for those
recreational activities that are compatible with the maintenance of
natural conditions.
Natural resource-dependent facilities provided by quasi-public
or private agencies and available to the general public. Shall include
natural environmental areas and may include visitor centers, research
facilities, educational programming and similar uses, as well as nature
areas, picnic areas, walking or hiking areas, fishing areas, hunting
areas and bird or wildlife watching areas. Does not include active
recreation facilities such as ballfields, athletic fields, bleachers,
courts, or swimming pools. Does not include use of recreational off-road
vehicles.
Plant communities that develop or would develop in the absence
of human activities.
A means of connecting an on-grid solar energy system to the
utility grid, typically provided, sanctioned and installed by the
local utility to measure the flow of electricity to and from the utility
customer for the purpose of receiving a net credit for any excess
electricity generated on-site and provided to the utility grid.
A lot or parcel that was legally created but does not currently
comply with the bulk requirements of this chapter for the zoning district
in which it is located.
A legally existing structure that is not currently in compliance
with the bulk requirements for the zoning district in which the structure
is located due to changes to this chapter or its application to the
site, or changes to the zoning of the property.
Any use legally established that no longer conforms to the
use regulations of the zoning district in which it is located due
to changes to this chapter or its application to the site, or changes
to the zoning of the property.
A grant to the County, recorded among the land records by
valid instrument approved by the County, permanently restricting conversion
of a structure or space unless and until authorized by the County.
See applicable Chesapeake Bay Critical Area, state and federal
regulations for definition of nontidal wetlands.
A notice issued by the Planning Director informing the applicant
for approval of a subdivision that the plan or plat submitted is not
in compliance with these regulations and that certain corrections
are required.
A notice issued by the Planning Director informing the applicant
that a site plan or subdivision plan or plat submitted is in compliance
with these regulations and that the applicant may proceed to the next
step in the site plan or subdivision review/approval process. Specific
conditions may be attached to the notice to proceed.
Any weed listed on the Maryland Department of Agriculture's
noxious weed list.
A state of dress which reveals:
The showing of the human male or female genitalia, pubic area,
or buttocks with less than a fully opaque covering;
The showing of the female breast with less than a fully opaque
covering over any part below the top or uppermost part of the areola;
or
The depiction of covered male genitalia in a discernibly turgid
or erect state.
A facility for the full-time care of two or more persons
suffering from illnesses, disabilities, or injuries not requiring
the intensive care that is normally provided by hospitals; but who
do require nursing, convalescent, rehabilitative or chronic care,
rendered by or under the supervision of a licensed health care practitioner.
A solar energy system which is not electrically connected
in any way to electric circuits (grid) that are provided and owned
by an electric utility company for the purpose of delivering electricity
to or from a home, building, structure, etc.
A building or portion of a building used for conducting the
affairs of a business, profession, service, industry, or government,
not including facilities established to offer services or retail sales
directly to the public.
Structures or actions that compensate for undesirable impacts.
A solar energy system that is electrically connected to the
electric utility grid.
Any parcel or area of land or water in an essentially unimproved
or undeveloped state.
A facility that uses anaerobic digestion processes to convert
organic refuse (food waste, poultry waste, and poultry processing
waste), received from multiple locations, into renewable energy.
The part of a building which extends beyond the facade of
a lower wall.
A person having legal title to or substantial proprietary
interest in land.
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 1/2 part per 1,000 parts of water.
See definition of "lot, parcel."
A parcel existing on August 13, 1989, in the Critical Area
and on June 22, 1991, in the non-Critical Area.
A lot created after November 12, 2016 that was improved at
the time of subdivision with a primary single-family dwelling constructed
prior to July 1, 2008 and located at least partially within 200 feet,
measured landward, from the mean high-water line of tidal waters or
edge of tidal wetlands.
A tract of land designed for use by the public for active
and passive recreation.
An off-street, vehicular travel lane that provides access
to parking spaces.
An off-street space available for parking one motor vehicle
in such a way that no parking or maneuvering incidental to parking
shall be on a road or sidewalk.
A state of dress which reveals:
Those recreational pursuits that involve existing natural
resources, provide for minimal impact and can be carried out with
little alteration or disruption to the area in which they are performed.
Such passive recreation shall not include commercial athletic fields
or motorized recreation and may include, but not be limited to, hiking,
bicycling, picnicking and bird watching.
The measure of a soil's ability to drain water.
Any use allowed in a zoning district subject to the restrictions
applicable to that district.
An individual, corporation, partnership, joint venture, association,
governmental or quasi-governmental entity, or other legal entity.
A structure built over tidal wetlands or open water that
provides access to the water, watercraft and other water-oriented
activities. A pier consists of a walking surface supported by piles
or posts and all detached outboard pilings associated with the land-based
structure. This term includes platforms, wharfs and docks.
A boat docking and launching facility associated with and
serving at least two residential lots and having a joint maintenance
and use agreement. A community pier may be located on property leased
or owned by a property owners' association for the subdivision it
serves, or may be shared by and located along the joint property line
of two adjacent lots.
A pier located on an individual, residential lot and serving
only the occupants of the lot on which it is located.
This term includes community piers and private piers as defined
in this article.
A residential lot that is shaped like a flag or pipe and
connected to the nearest road only by an unbuildable strip of land
(the pipestem area) which is no more than 50 feet in width.
The Talbot County Planning and Zoning Commission.
These terms have the same meaning: the governmental official
of Talbot County charged with administering the Talbot County planning
program.
A plant habitat is a community of plants commonly identifiable
by the composition of its vegetation and physiographic characteristics.
A wildlife habitat is an area with plant communities and physiographic
features that provide food, water, and cover, nesting and foraging
or feeding conditions necessary to maintain populations of animals
in the Critical Area.
Types of plant and wildlife habitat areas are listed in the
Critical Area Overlay District, § 190-15.10.F.
A facility for the growing of trees, evergreens, shrubs,
and other decorative plants for the purpose of sale.
The official record of a subdivision of land approved by
the Planning Office and recorded in the land records of Talbot County.
Fixed or floating horizontal surfaces along a pier used primarily
for getting into and out of boats, lifting boats, including docks
and launching platforms.
The preliminary drawing or drawings, described in these regulations,
showing the proposed layout of a subdivision and indicating how the
subdivision will meet applicable requirements.
A plat that modifies existing lots and creates no additional
lots. It may revise a recorded final plat or revise or establish the
boundary of a parcel defined in a deed with no previously recorded
plat.
A plan showing the proposed development of a lot or parcel.
A plot plan shows existing and proposed structures, paved areas, access,
landscaped areas, and other items required by the application form
for a particular type of application. A plot plan is generally less
detailed than a site plan and does not require specific information
on items such as landscape plantings, stormwater management and building
elevations.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
A container for the storage or warehousing of merchandise
or excess materials. Portable storage units are generally 10 to 40
feet long and generally up to 8.5 feet high, of metal or durable plastic
construction, and have access doors.
A tract of land with the structures and improvements thereon.
Anything confined to one person, group or organization which
is not available for public use or participation.
A structure or use accessory to a principal agricultural
or residential use, for the primary display and sale of agricultural
products processed, grown or typically grown locally (on the Delmarva
Peninsula), including products grown on the property where the stand
is located, and the incidental display and sale of jams, jellies,
preserves, relishes, pickles, salad dressing, and honey. A produce
stand may be a permanent structure or a cart, wagon or temporary structure.
Any change or proposed change to an adopted Critical Area
program that is not determined by the Chairman of the Critical Area
Commission to be a program refinement. A program amendment includes
a change to a Zoning Map that is not consistent with the method for
using the growth allocation contained in an adopted program.
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:
A change to an adopted program that results from state law;
A change to an adopted program that affects local processes
and procedures;
A change to a local ordinance or code that clarifies an existing
provision; and
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.
A permit issued by the Planning Office for forest activities
in the Critical Area, outside of the Shoreline Development Buffer,
that do not require a forest preservation plan or mitigation.
Any improvement or facility, together with its associated
public site or right-of-way, for which the County will assume responsibility
for maintenance and operation.
A use owned or operated by a noncommercial and nonprofit,
religious, or philanthropic institution and providing education, cultural,
recreational, religious or similar types of public programs.
The expected performance of a wind turbine at a specified
wind speed (meters per second or miles per hour).
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including water bodies.
A change of the arrangement of the existing lot or parcel
lines of any legal parcel of land or recorded, legally buildable lots.
A vehicular, portable device, built on a chassis or trailer,
and used as a temporary dwelling for travel or recreational purposes.
A community collection center for common recyclable goods,
such as newspapers, glass, cans and plastics.
A recyclable material recovery facility where materials are
sorted, processed and packaged for direct distribution to users of
recyclable materials.
The process of developing land which is or has been developed.
A component part of an application for a Sustainable Tourism
and Reinvestment District that details the size, location, setback,
height, architectural features, and other characteristics, features,
and uses of structures in the district. The redevelopment plan shall
include the location of roads, access, easements, parking, landscape
features, open space, reserved areas, drawings, elevations, plans,
construction phasing and schedules, and all other features or information
deemed necessary to complete or supplement an application.
The reestablishment of a forest through artificial reproduction
or natural regeneration.
A specifically delineated area of land on a subdivision plat
that is part of the parcel being subdivided, requiring a minimum allocation
of one development right, but is not included in the subdivision.
Remaining land is not an approved lot or parcel within the subdivision
and may be used for future subdivision if able to meet applicable
standards at the time of subdivision.
A grant to the County, recorded among the land records by
valid instrument approved by the County, restricting land development
within a defined area and for a specified period of time. Reservation
of development rights land requires a minimum allocation of one development
right.
Permanently protected land, identified in a reserved land agreement recorded among the land records, that may not be developed for residential, commercial or industrial use except as defined in § 190-73. Reserved land parcels do not require allocation of a development right.
A grant to the County, recorded among the land records by
valid instrument approved by the County, which perpetually restricts
land development within a defined area.
See "dwelling unit."
A person authorized in writing by a short-term rental property
owner to represent and act for the property owner in contacts with
short-term renters, County employees, committees, boards, commissions,
and the Council regarding matters regulated by the Talbot County Code.
[Added 8-11-2020 by Bill
No. 1446]
Areas within the Critical Area that are designated as RCA
on the Talbot County Critical Area Map, as approved by the County
Council and the Critical Area Commission, based on criteria established
in this chapter.
A public facility serving food, cooked to order, and served
at tables or booths on the premises.
A building or portion thereof where food and beverages are
sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
off premises.
A retail establishment in a single or multiple building(s),
occupying no more than 25,000 gross square feet of area.
A retail establishment in a single or multiple building(s),
occupying more than 25,000 and less than 65,000 gross square feet
of area.
To change the zoning classification of particular lots or
parcels.
This term has the same meaning as "comprehensive or sectional
zoning map amendment," defined in this section.
An area or strip of land designated for use as a road, alley,
or walkway, or for any drainage or public utility purpose or other
similar uses.
A habitat strongly influenced by water and occurring adjacent
to streams, shorelines and wetlands.
A layer of stones, gravel, or boulders placed on a slope
or shore to prevent loss of bank material by wave action or erosion.
A public or private way, street or highway established and
designed for vehicular travel. This term includes the entire area
within the right-of-way. Road does not include a drive aisle or driveway.
A road not owned, controlled or maintained by the state,
the County, a municipality, or the federal government.
A road owned, controlled, or maintained by the state, the
County, a municipality, or the federal government.
An accessory use consisting of a stand, tent, cart, and/or
open air area for the retail sales of goods, including but not limited
to beverages, food, and flowers. There are two types of roadside vendors:
short-term and long-term.
A solar energy system that has its electricity-generating
solar panels mounted or resting on the rooftop of a residential or
commercial building or structure. The various components of such a
system include photovoltaic modules, mounting systems, cables, solar
inverters and other electrical accessories.
Materials suitable for disposal at an approved rubble fill
as defined herein.
A solid waste acceptance facility that is designed, constructed
and operated to receive the following types of materials: land clearing
debris, white goods, tires and acceptable demolition debris. Acceptable
demolition debris is materials associated with the razing of buildings,
roads, bridges, and other structures, including structural steel,
concrete, bricks, excluding refractory type, lumber, plaster and plasterboard,
insulation material, cement, shingles and roofing material, floor
and wall tile, asphalt, pipes and wires.
The portion of rainfall, melted snow, or irrigation water
that flows across ground surfaces and eventually is returned to water
bodies. Runoff can pick up pollutants from the air or land and carry
them to the receiving waters.
Images or live performances depicting:
An engineered method of solid waste disposal on land in a
manner that protects the environment. Waste is spread in thin layers,
compacted to the smallest practical volume and covered with soil at
the end of each working day.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
Substantially or fully shielding or obscuring a structure
or use from view, through the use of fencing, walls, berms or densely
planted vegetation.
The settling out of solids by gravity.
See definition in Chapter 145 of this Code.
See definition in Chapter 145 of this Code.
An underground system with a holding tank used for the decomposition
of domestic wastes.
The minimum distance that a structure shall be located from
lot lines, or an outdoor use where specified in this chapter. Setbacks
are measured from lot lines to the foundation or wall of the building,
or to the nearest part of the structure or use. If any part of the
structure extends outward from the foundation more than two feet,
the setback is measured from the point of the structure nearest the
lot line, excluding uncovered steps, uncovered access ramps and chimneys.
If a lot includes a street or road, the setback shall be measured
from the nearest edge of the road right-of-way or road easement.
Shoreline that erodes two feet or more per year.
The total of organic waste and wastewater excluding garbage,
generated by residential, commercial, and industrial establishments.
An inclusive term describing establishments that devote more
than 10% of their public floor area and/or their stock-in-trade to
adult entertainment or materials and either:
Conduct, promote, deliver, provide, or offer performance of
adult entertainment or material, including but not limited to that
occurring in, at, or in connection with an adult cabaret, lounge,
nightclub, modeling studio, bar, restaurant, club or lodge, or other
establishment; or
Sell, provide, rent, or promote adult entertainment or material,
in any format, form, or medium, including but not limited to books,
magazines, videos, DVDs, CDs, movies, photographs, and/or coin-operated
or pay-per-view viewing devices, including but not limited to the
operation of an adult book- or video store, movie theater, or viewing
booth.
The wearing away of land by wind and water action resulting
in a net loss of land over a given length of shoreline.
Those structures or measures to prevent or minimize erosion
of the shorelines.
An area that:
Based on conditions present at the time of development, is immediately
landward from mean high water of tidal waters, the edge of bank of
a tributary stream, or the edge of tidal wetlands; and
Exists or may be established in natural vegetation to protect
a stream, tidal wetland, tidal waters, or terrestrial environment
from human disturbance.
Buffer includes an area of:
At least 100 feet, even if that area was previously disturbed
by human activity, or 200 feet for new development within the Resource
Conservation Area; and
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.
Any lease or other transfer of the right to occupy a dwelling
unit other than a hotel, motel, inn, or bed-and-breakfast establishment,
for not less than three nights and not exceeding 14 weeks.
[Amended 8-11-2020 by Bill No. 1446]
Shrubs that when mature reach a height of at least six feet.
Shrubs that when mature reach a height of up to six feet.
A device or surface of any material displaying letters, text,
numbers, illustrations, symbols, forms, patterns, colors, textures,
shadows, or lights, placed on the ground, on a structure, or on any
other object for the purpose of advertising, identifying, or calling
visual attention to a place, enterprise, profession, business, product,
person, or activity. The term "placed" includes constructing, erecting,
posting, painting, printing, sculpting, fastening or making visible.
The surface measurement of a sign as set forth in § 190-42.6.
A sign which displays the name and/or nature of a business,
institutional or public site or activity and indicates through writing
or graphic material the geographic location of the site or activity.
A sign that is not attached in whole or in part to a building
or to any other structure having a principal function other than the
support of a sign.
Signs where the source of the illumination is inside the
sign and light emanates through the message of the sign, rather than
being reflected off the surface of the sign from an external source.
Neon tubes and similar devices that constitute all or part of the
message of the sign, rather than merely providing illumination to
other parts of the sign that contain the message, are internally illuminated
signs.
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.
A sign that draws attention to or communicates information
about a business, service, product, accommodation, attraction, or
other enterprise or activity that is conducted, offered or provided
at a location other than the premises on which the sign is located.
A sign that draws attention to or communicates information
about a business, service, product, accommodation, attraction, or
other enterprise or activity that exists or is conducted, offered,
or provided on the premises where the sign is located.
A permit issued by the Planning Director that authorizes
the recipient to erect, move, enlarge, or substantially alter a sign.
A sign used in connection with a circumstance or event intended
to take place or be completed within a reasonably short or definite
period after the erection of such sign, or a sign intended to remain
on the location where it is placed for a predetermined number of days.
If a sign display area is permanent but the message displayed is subject
to periodic changes, the sign shall not be regarded as temporary.
A sign affixed directly to an exterior wall or placed within
the limits of a wall.
A plan showing the proposed development of a lot or parcel.
A site plan shows existing and proposed natural features, structures,
building footprints and elevations, road rights-of-way, paved areas,
access, walkways, vegetative cover, landscaping, screening, and stormwater
management. There are three types of site plans, major, minor and
administrative, with different submittal requirements and review processes.
[Amended 7-9-2019 by Bill No. 1414]
A scaled drawing indicating the developer's general objectives
and layout for subdivision of land.
Land use plans for farms that show farmers how to make the
best possible use of their soil and water resources while protecting
and conserving those resources for the future. The plan is a document
containing a map and related plans that indicate:
Solar collectors, panels, controls, energy storage devices,
heat pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal and photovoltaic.
SES that is engineered and designed to produce at least two
megawatts (2 MW) of power or utilize 10 acres or more.
SES that is engineered and designed to produce at least 200
kilowatts (200 kW) but less than two megawatts (2 MW) of power. Medium-scale
SES may utilize more than one acre but not more than 10 acres.
SES that produces less than 200 kilowatts (200 kW) of power
and utilizes one acre or less. Small-scale SES include rooftop solar
systems of any size.
Useless, unwanted, or discarded material with insufficient
liquid content to be free flowing.
Any area where solid waste or refuse materials are disposed
of, including sanitary landfills, rubble fills and the like.
A use or activity requiring approval by the Board of Appeals
and not considered appropriate without standards and conditions to
ensure that the use is suitable on a particular site.
Those fish and wildlife species 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-03 and 4-2A-03, Annotated Code of
Maryland.
Dirt or rock that has been removed from its original location,
specifically materials that have been dredged from the bottoms of
waterways or removed in the process of surface mining.
Rejected materials piled or deposited during surface mining
or dredging.
A structure covered by the right to farm legislation and
used for the shelter or care of horses or similar animals. A stable
may include an indoor riding area or other amenities directly associated
with the care of horses or similar animals.
Slopes of 15% or greater incline and with a change in elevation
of at least five feet.
A natural body of running water flowing continuously or intermittently
in a channel. "Stream" does not include elements of a drainage system,
such as engineered swales, culverts, ditches, retention facilities
or storm sewer systems.
A stream in which surface water is absent during a part of
the year that has been identified by site inspection.
A stream containing surface water throughout an average rainfall
year that has been identified by site inspection.
A perennial or intermittent stream within the Critical Area.
Anything that is built or constructed and requires a fixed
location on the ground, including a building, temporary building,
private bridge, utility or mechanical equipment appurtenant to a building,
a pad intended to support utility or mechanical equipment, or an edifice
of any kind or any piece of work artificially built or composed of
parts. The following are not structures for purposes of these regulations:
A fence or wall used as a fence four feet or less in height
or any open fence. Fences must comply with required setbacks as specified
in § 190-12.3.B.
Ornamental entrance features.
Mailboxes.
Freestanding signs accessory to a use on the same lot (sign
permit requirements apply).
Light standards or poles.
Lines, cables, or other transmission or distribution facilities
of a public utility.
Driveways, sidewalks, culverts of 36 inches or less, and fills
or berms.
The process of dividing land into two or more lots or parcels.
The division of a lot or parcel into two or more lots or
parcels.
This term includes all of the following types of subdivisions
located in Tiers I, II which are served by public sewerage or III:
A subdivision of four or more lots.
Subdivision(s) that result(s) in the cumulative creation of
four or more lots from the original parcel.
A subdivision that creates or modifies a public or private road,
except modifications to bring an existing right-of-way into compliance
with road standards.
A subdivision that meets all of the following conditions:
This term includes sketch plans, preliminary plats, final
plats and revision plats.
This term includes all of the following types of subdivisions
located in Tier II which are not served by public sewerage and in
Tier IV:
A subdivision of four or more new parcels or lots, but no more
than seven new parcels or lots.
Subdivision(s) that result(s) in the cumulative creation of
four or more lots, but not more than a total of seven new parcels
or lots from the original parcel.
A subdivision that creates or modifies a public or private road
which creates less than eight new lots.
Plant life that grows where water is six feet deep or less.
This underwater community provides food and habitat to major fish
species and is a source of food to waterfowl and aquatic mammals.
Repair, reconstruction, replacement or improvement of a primary
structure with a proposed total footprint that is at least 50% greater
than that of the existing primary structure.
A letter of credit, cash escrow, bond or similar device provided
by an applicant to secure the applicant's commitment to install a
required improvement or perform a required action related to approval
of a development application; also known as a "guaranty."
Committee made up of government departments and agencies
having review and approval authority over aspects of an application
for development activities.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
A forest practice used to accelerate tree growth of quality
trees in the shortest interval of time.
Any species of fish, wildlife, or plants designated as such
by regulation by the Secretary of the Department of Natural Resources
which 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.
A mapped land designation as prescribed by the Sustainable
Growth and Agricultural Preservation Act of 2012 (Maryland Senate
Bill 236), as currently amended, and shown on maps adopted by the
Talbot County Council.
The existing configuration of the earth's surface, including
the relative relief, elevation and position of land features.
The distance of a wind turbine tower measured from ground
level (natural grade) to the tip of blade extended at its highest
point.
A wireless communication antenna structure designed to disguise
its function and architecturally integrated into a building form compatible
with existing surroundings and permitted land uses. Example forms
include bell towers, steeples, silos and other building forms that
would conceivably be located or deemed appropriate at the site.
A structure consisting of vertical and horizontal supports
and metal crossed strips or bars to support antennas and connecting
appurtenances.
A structure consisting of a single freestanding pole to support
antennas and connecting appurtenances.
Occupancy of a hotel or motel unit, inn, bed-and-breakfast,
for short-term periods, not less than one night nor more than four
months.
[Amended 8-11-2020 by Bill No. 1446]
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.
Anything built, installed, or established to provide a means
of transport from one place to another.
Trees that when mature reach a height of at least 35 feet.
Trees that when mature reach a height of 12 to 35 feet.
That area which is enclosed within a structure that is not
provided with a heating or cooling system.
A finding necessary for approval of a variance in the Critical
Area. An unwarranted hardship exists if without a variance an applicant
would be denied reasonable and significant use of the entire parcel
or lot for which the variance is requested.
An area bounded by the mean high-water line of a subject
property, two side property line extensions, referred to as "lateral
lines," and a line connecting their channelward ends, referred to
as the "harbor line."
A certificate issued by the Planning Director authorizing
certain uses, such as temporary uses, bed-and-breakfast establishments,
produce stands, and roadside vendors. The structure authorized under
the use certificate may also require a zoning certificate or a building
permit.
The main use of a structure or site.
Any activity or use which provides and offers such services
as water, sewage disposal, sewage treatment, electricity, gas, or
communication.
Utility facilities and utility transmission facilities owned
or maintained by public utility companies or public agencies located
in public ways or in easements provided for the purposes, or on a
customer's premises and not requiring a private right-of-way, and
reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communications or similar services to adjacent customers;
but not including any building, yard, stations, or aboveground structure
requiring a site of greater than 100 square feet, and not including
any cross-County line on towers or in a private right-of-way.
Any utility facilities owned or maintained by a public utility
company, a gas master meter operator, or a public agency which are
not defined herein as essential utility services or utility transmission
facilities. Nonessential utility services shall include, but not be
limited to, propane storage tanks installed above or below ground.
Any aboveground structures and/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.
Fixed structures that convey or distribute resources, wastes,
or both, including, but not limited to, electric lines, water conduits,
and sewer and gas lines.
See "agriculture."
Permission to construct, alter, or occupy a particular building,
structure or parcel of land in a way which is not in conformance with
the bulk requirements of this chapter, as a form of relief from its
literal interpretations.
Any device in, on or by which any individual or property
is or might be transported or towed on public or private roads, including
but not limited to, an automobile, truck, van, motorcycle, or recreational
vehicle.
An off-street area used by motor vehicles for access, circulation,
parking and loading.
A single or one-direction vehicle movement originating from
or ending at a particular location.
Any enlargement of a building above the ground floor, such
that the enlargement does not alter the building's lot coverage.
A right, permission or authority to develop land in a manner
shown on valid, approved permits and ensured by significant development
activity that implements the approved permits.
A space or area for viewing a display device showing pictures,
films, videotapes, or other images containing adult entertainment
or material.
An area of land, water or other environmental element that
is visible from a fixed vantage point. In context with historic preservation,
viewsheds may be described as areas of particular scenic or historic
value that are deemed worthy of preservation against impacts resulting
from development or other forms of change.
A structure for pedestrian travel over a nontidal wetland.
A raised walkway is a pier-like structure with a walking surface supported
by piles or posts.
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis.
A publicly owned facility for cleaning raw sewage.
Those structures or works associated with industrial, maritime,
recreational, educational or fisheries activities that require location
at or near the shoreline within the Shoreline Development Buffer.
An activity is water-dependent if it cannot exist outside the Shoreline
Development Buffer and is dependent on the water by reason of the
intrinsic nature of its operation. Facilities associated with the
following uses are water-dependent facilities.
Non-water-dependent facilities are all other facilities not
included in the definition of water-dependent facilities.
Shore-dependent recreation facilities or activities provided
by public agencies which are available to the general public.
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.
A map of Talbot County created with the guidance of a telecommunications
professional indicating the known gaps, unserved or underserved areas,
in the existing wireless communication network. The County Council
may periodically update or amend the Guidance Plan.
On-premises sales of goods primarily to customers engaged
in the business of reselling the goods.
A strip of land having vegetation that provides habitat and
a safe passageway for wildlife.
A type of small wind turbine tower incapable of electrical
energy production that harnesses wind power to rotational motion by
means of vanes. The typical use is to pump water or grind, crush,
and press grain.
A commercial facility producing primarily off-site electricity
or a total rated capacity greater than 100 kilowatts.
A wind energy conversion system that is used to generate
electricity; has a total rated capacity of 100 kilowatts (kW) or less;
consisting of a wind turbine, a single-tower, and a base and associated
control or conversion electronics.
Consists of a turbine associated with a small wind turbine
system, a turbine associated with a small wind turbine production
facility, or a windmill, supported by a monopole or lattice. The turbine
includes the blade or foil, generator, and tail.
A type of small wind turbine tower where the axis of rotation
is perpendicular or vertical to the wind stream and the ground.
Areas in Talbot County identified herein where wireless communications
towers would provide optimal value and improve telecommunications
coverage, or where coverage is needed to extend the existing wireless
network. Modeling for the wireless communication priority placement
areas assumes a typical cell tower will provide acceptable coverage
for a radius of approximately two miles from a tower.
A structure or device deployed by, or on behalf of, a government-licensed
or government-permitted entity, to collect or radiate electromagnetic
waves, including directional antennas, microwave dishes and satellite
dishes, and omnidirectional antennas. This term does not include an
antenna operated by an amateur radio operator licensed by the FCC.
A structure having the primary purpose of providing wireless
communications services for telecommunications, television and radio
broadcasting, including but not limited to a ground-mounted or otherwise
supported structure with antenna(s) or other wireless communications
equipment, if any, together with any guy wires and accessory structures.
Wireless communications towers include, but are not limited to, lattice
towers, monopole towers, guyed towers, and stealth or camouflaged
trees and flagpoles. A wireless communications tower does not include
a tower 75 feet or less in height for mounting of an antenna operated
by an amateur radio operator licensed by the FCC.
The system of wireless communications infrastructure used
to establish coverage in a geographic area.
A bona fide private nonprofit club, owned and operated by
the members, providing marina facilities limited to use by members
and their guests.
Open space on the same lot with a building or structure or
group of buildings, lying between the buildings or structures or outer
building of a group and the nearest lot or street line, and unoccupied
and generally unobstructed from the ground upward.
The dividing of a jurisdiction into districts and the establishment
of regulations governing the use, placement, spacing, and size of
lots and buildings.
A specifically delineated area in a jurisdiction within which
regulations uniformly govern the use, placement, spacing, and size
of lots and buildings.
The maps adopted by the County Council that delineate the
boundaries of zoning districts.
[1]
Editor's Note: The definition of "contracting, property maintenance
and landscape, which immediately followed this definition, was repealed 6-11-2019 by Bill No. 1417.
[2]
Editor’s Note: With the permission of the County, the
typographical error “LOT, (PARCEL)” was corrected to read “LOT,
PARCEL.”
