Wicomico County, MD Basic Definitions and Interpretations

For the purpose of this chapter, certain words in the singular number shall include the plural number, and words in the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise. Words used or defined in one tense or form shall include other tenses or forms.

The word "shall" is mandatory. The word "may" is permissive. The word "lot" includes the word "plot"; the word "used" shall be deemed also to include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "placed" or "moved." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building."

The masculine gender shall include the feminine. The feminine gender shall include the masculine.

Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

(5)

The word "county" shall mean Wicomico County, Maryland.

(6)

Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

(7)

When a term used in this chapter is defined elsewhere in the County Code but not in this chapter, the term shall have the meaning specified in that section of the Code.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABUT

Having property lines in common, e.g., two lots are abutting if they share a common property line and touch.

ACCESSORY APARTMENT

Not more than one apartment unit as an accessory use within an owner-occupied single-family residence or an accessory building on the same lot, on a minimum lot of 20,000 square feet, provided that:

The apartment shall be no larger than 50% of the square footage of the residence.

All parking for the apartment is appropriately located as specified by the Board of Appeals.

AGRICULTURE or AGRICULTURAL

No accessory apartment may be constructed on any property which has exercised the option of renting of guest rooms under the provisions of this chapter.

ACCESSORY USE

See "use, accessory."

ACTIVE RECREATION

Recreation uses, areas and activities oriented toward potential competition and involving special sporting equipment. Playgrounds, sports fields and courts, swimming pools and golf courses are examples of active recreation uses.

ADJACENT

Having property lines near each other, either touching or directly across a road or right-of-way from one another.

ADMINISTRATOR, ZONING

The administrative officer or his or her agent responsible for the administration and enforcement of this chapter.

The raising of agricultural products including livestock, poultry, dairy products, farm crops, fruit, vegetables, timber, cultivated plants and nursery stock whether for gain or otherwise. Agriculture shall include the farming or culturing of aquatic plants or animals, or both, in natural or artificial water bodies or impoundments. Agriculture includes horticultural chemical, or general farming, truck gardens, cultivation of field crops, and, in general, all uses commonly classified as agricultural, and the related buildings, structures and appurtenances necessary to carry out the aforementioned activities

AGRICULTURAL PRODUCTS

Cultivated or raised plant, animal, or marine life that has been harvested. This does not include processed products.

AIRFIELD

Any unpaved area of land utilized for the landing or taking off of aircraft and which does not have fuel or commercial repair and maintenance services.

AIRPORT

Any area of land operated for general aviation purposes designated and set aside for the landing and taking off of aircraft. An airport may include runways, terminal buildings, hangars and related facilities located on the airport premises.

AIRPORT APPROACH ZONE

The area so designated on an officially approved airport plan for the use of aircraft approaching an airport runway for landing purposes. Those heights established in the Salisbury-Ocean City: Wicomico Regional Airport Master Plan in conformance with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace, and the Annotated Code of Maryland, Title 11, Department of Transportation, Subtitle 03, Maryland Aviation Administration, Chapter 05, Obstruction to Air Navigation, and as illustrated by profile drawings contained in the above-referenced Airport Master Plan.

AIRPORT HAZARD

Any structure or tree or use of land which obstructs or otherwise presents a danger to the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

AIRPORT TURNING ZONE

A circular area, with a radius established in accordance with federal aviation regulations from the airport reference point, utilized for aircraft circling above an airport.

AMUSEMENT PARK

A commercially operated park with various devices for entertainment, including but not limited to rides and/or games.

APARTMENT

A part of a building, containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a dwelling by one or more individuals.

APARTMENT BUILDING

A single residential structure designed and constructed to contain three or more separate dwelling units, regardless of the internal arrangement of such units or the ownership thereof.

ARCHITECT

A professional architect licensed with the State of Maryland.

AUCTION HOUSE

Establishment for the public sale of property to the highest bidder.

AWNING

A structure partially attached or entirely supported by a wall, and which canvas, cloth, plastic, or other material cover is used as a protective cover for a door, entrance, window, walkway, or service area.

BED-AND-BREAKFAST

A building other than a hotel, motel, or restaurant where lodging is offered to the traveling public for temporary occupancy not exceeding 30 days at any one visit and where the breakfast meal is provided as a part of the room rental charge. All such operations shall have a resident family living on the premises and shall be approved for such use by the Wicomico County Health Department and Fire Marshal.

BORROW PIT

Any place or premises where dirt, sand, gravel or other material is removed below the grade of surrounding land or is removed from the site for any purpose other than that necessary and incidental to site grading or building construction, excluding farm ponds.

BOULEVARD

A major road with a planted median in the center of two travel lanes, with parkways on both outside edges.

BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the development tract to adjacent properties and vice versa.

BUILDING

A structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. The word "building" shall be construed as if followed by the words "or part or parts thereof and all items therein."

ACCESSORY BUILDINGA building detached from and subordinate to a main building on the same lot, or an adjacent lot under the same ownership, and used for purposes customarily incidental to the use of the main building or to any agricultural use.

COMMUNITY IMPACT STATEMENT

MAIN BUILDING/PRINCIPAL BUILDINGA building in which is conducted the principal use or uses of the lot on which it is situated.

BUILDING LINE

The border, established by statute, local law or ordinance, beyond which the exterior surface of a building on any side shall not extend, except that steps or ramps for normal egress may project beyond the building line. Steps shall not include decks, porches or similar structures.

BUILDING PERMIT

Authorization by the county for the recipient to construct a specific structure or structures.

BULK REGULATIONS

Controls that establish the maximum size, height, volume, area, setbacks, and shape of buildings and structures on a lot and the physical relationship of the building's exterior walls or their location to lot lines, other buildings and structures, or other walls of the same building; and all open spaces required in connection with a building, other structure, or tract of land.

BURIAL SITE

A natural or prepared physical location, whether originally located below, on, or above the surface of the ground, into which human remains or associated funerary objects are deposited as a part of a death ceremony of a culture, religion, or group.

CALIPER

The diameter of landscape plantings measured six inches above the ground.

CAMPGROUNDS

Any area or tract of land on which accommodations for temporary and not year-round occupancy is located or may be placed, including cabins, tents, recreational vehicles and campers which are primarily used for recreational purposes.

CAR WASH

A building, premises or portions thereof where automobiles and other vehicles are washed either by the patron or others and done either by hand or using machinery and mechanical devices specifically designed for this purpose.

CEMETERY

A parcel of land used for burials or graves, burial plots, mausoleums, vaults, or columbariums, subject to any necessary approval of the Wicomico County Health Department.

CLUSTER DEVELOPMENT

A planned residential tract, subdivision or area where individual lots and/or buildings are arranged in clusters or groups, where access is gained entirely by internal streets, with open areas between such lots or building groups, which areas are either publicly or privately owned and maintained in a park-like appearance.

COMMERCIAL

A type of activity where goods or services are sold or traded with the expectation of profit or gain.

COMMERCIAL VEHICLE

A vehicle used for the transportation of persons or goods primarily for gain.

COMMON AREA

That area set aside for private open space, including stormwater retention lakes, ponds, or recreation areas for the owners of lots in a subdivision, which land is conveyed in trust for the benefit, use and enjoyment of the lot owners.

Includes the following:

A market analysis related to the type of uses proposed, e.g., office, retail, lodging, housing, and industrial uses. This study shall include an estimate of the existing supply and reasonable forecasts of future demand for the kind of uses proposed. It shall be used to determine the extent of existing facilities of a type similar to that proposed and shall be used to estimate when development may be needed in the community.

An impact study related to the quantity and type of public facilities and services needed for the proposed development. This study should include an estimate of the adequacy of the public facilities needed to serve the proposed development, an estimate of the tax revenues accruing to the community from the proposed development, and an estimate of the cost of public improvements and services required to serve the development. Estimates should include the cost of those improvements needed immediately to serve the development and those that may be needed in the future. The impact study related to services and improvements should include, where applicable, but not be limited to, public services and improvements such as schools, transportation facilities and services, utilities, including sewerage, water mains and storm drains, police and fire protection, refuse collections and disposal, recreation facilities, etc. Where additional public facilities are needed to adequately serve the development, the Wicomico County Capital Improvements Program should be researched for planned future improvements. Methods should be proposed for creating needed public facilities not otherwise provided for.

An environmental assessment. (See definition below.)

COMMUNITY SEWER AND/OR WATER SYSTEM

A traffic impact study that conforms to the Maryland State Highway Administration's Traffic Impact Study methodology.

Any public, semipublic or private system designed to provide sewer and/or water service to more than one lot and which is approved by the Wicomico County Health Department and/or the Maryland Department of the Environment.

COMPOSTING FACILITY

Any place, land area, building or structure where mechanical, chemical or natural processing or degrading of organic material or matter, not originating on the site, takes place. This definition shall not include the direct on-farmland application of treated sludge as approved by the State of Maryland.

COMPREHENSIVE PLAN

The Wicomico County Comprehensive Plan adopted by the Wicomico County Council which sets forth the official planning and land use policies of Wicomico County.

CONDOMINIUM

A building or group of buildings in which residential, commercial or industrial units are owned individually while the structure, common areas and facilities are owned jointly by all the owners on a proportional basis.

CONFERENCE CENTER

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

CONSERVATION EASEMENT

A nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.

CONSTRUCTION

The erection of a new building, or structure upon a site.

CONTIGUOUS

A land mass, lot, or parcel of property that is cohesive and without interruption by nonintegrated or fragmented property lines. Contiguous parcels may consist of two or more lots or parcels of land which abut each other.

CONTRACTOR'S YARD

The use of any space, whether inside or outside a building, for the storage or keeping of construction equipment, supplies, machinery or vehicles, or parts thereof, which are for use by a construction or landscape contractor.

CONVENIENCE/MINI-MARKET

A commercial retail sales which combines the sale of beverages, dairy and baked goods, snack foods, staple grocery items and which may also be accompanied by the sale of motor vehicle fuel and accessory substances for automobiles.

COUNCIL, COUNTY

The County Council of Wicomico County, Maryland.

COUNTRY INN

A building containing not more than 15 individual rooms or suites of rooms for the purpose of providing overnight lodging facilities not to exceed 30 consecutive days to the general public for compensation which also offers dining facilities for guests.

CREMATORIUM

An establishment containing a furnace for the purpose of reducing the dead to ashes.

CRITICAL AREA, CHESAPEAKE BAY

All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland, and Chapter 125 of the Code of Wicomico County, as amended.

DAY CARE

ELDERLYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given for a part of a twenty-four-hour day to not more than 15 elderly or disabled persons, located outside of the home of the elderly or disabled person and where compensation is paid for the care. "Elderly" are considered those people who are 62 years of age or over.

FAMILYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given, for a part of a twenty-four-hour day, to not more than eight children, located outside of the home of the legal guardian and where compensation is paid for the care.

CENTERAn agency, institution or establishment licensed/registered by the appropriate state agency, that for part of a twenty-four-hour day, on a regular basis, offers or provides child care to nine or more children who do not have the same parentage.

DEMOLITION

The razing or destruction, whether wholly or in part, of a building, structure, site or object. Demolition includes the removal of a building, structure or object from its site, the removal or destruction of the facade or surface, or the alteration to such an extent that repair is not feasible, or is so costly so as to be prohibitive, rendering the property unfit for use.

DENSITY

The number of dwelling units that may be constructed per acre or per square foot of a zoned lot area.

DEPARTMENT

The Wicomico County Department of Planning, Zoning and Community Development.

DEVELOPMENT PLAN

See § 225-13D.

DISABLED

A person(s) determined to have physical or mental impairments which:

Are expected to be of long continued and indefinite duration;

Substantially impede the individual's major life activities;

Have been medically demonstrated through acceptable techniques; and

(d)

Are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

Such term does not include current, illegal use of or addiction to a controlled substance but does include individuals who are currently participating in a supervised drug rehabilitation program, coupled with nonuse.

Reasonable accommodations for the handicapped shall be offered when housing is:

Reasonable;

Necessary; and

Will afford an equal opportunity to the use and enjoyment of housing.

DOMESTIC ANIMAL

An animal that is tame or domesticated and that is not normally found in the wild state. Hybrids of animals normally found in the wild state are not included within the meaning of domestic animals.

DRIVEWAY

A travel lane that connects a building with the street and may or may not be used as all or a portion of the parking area.

DWELLING

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

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

DWELLING, DETACHEDA building containing one dwelling unit on one lot and physically separated from any other dwelling.

DWELLING, MULTIFAMILYA building containing three or more dwelling units with shared or individual entrances and/or other essential facilities and services. This term shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy.

DWELLING, TOWNHOUSESee "townhouse."

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

ENDANGERED SPECIES

Any species of fish, wildlife, or plants that have been designated as such 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 is determined to be in jeopardy. This includes any species determined to be "endangered" species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.

ENGINEER

A professional engineer licensed in the State of Maryland.

ENVIRONMENTAL ASSESSMENT

A coherent statement describing how the proposed development activity will impact the existing natural features of the site. At a minimum the environmental assessment shall include:

A description of the natural, cultural, historic and archeological features and characteristics of a proposed development site;

A discussion of the proposed development project and the changes that will occur to the features and characteristics listed in Subsection (1) above as the result of proposed development activities on the site;

An assessment of the anticipated environmental impacts and consequences of the proposed development; and

FARM LABOR ACCOMMODATIONS, SEASONAL

A discussion of any proposed mitigation measures to be taken to minimize undesirable impacts to the environment.

FAMILY

Means either (a) one person, or two unrelated persons and the children of either of them, or (b) two or more persons related by blood or marriage, or (c) a group of not more than four persons not necessarily related by blood or marriage. In any case the group must be living together as a single housekeeping unit. In all cases, foster children placed by an agency licensed to operate in Maryland housed on the premises are considered as members of the family. (Note: See also § 225-46, Neighborhood Preservation Overlay District.)

FAMILY BURIAL GROUND

A private, noncommercial cemetery.

FARM

A parcel of land of five acres or more on which bona fide agricultural and related uses are conducted as specified in the definition of "agriculture."

FARMERS' MARKETS

A facility for the growers and producers of agricultural products to display and sell their produce directly to the consumers.

Separate living quarters to be used for temporary, seasonal accommodation of workers employed by the owner or operator of a farm, provided such seasonal employees perform their duties on such farm or farms owned or rented by the farm owner or operator, and in which lodging with or without meals is supplied or intended to be supplied to such employees.

FARM POND

Any excavation of land for the purpose of creating a body of water for agricultural purposes, provided the excavated area does not exceed one acre or the excavated material is not removed from the site.

FARM-RELATED BUSINESS

Activities and services carried on for financial gain and directed at meeting the needs of those engaged in area farming and providing materials and services needed for farming. Examples include but are not limited to facilities for the manufacturing, processing, warehousing, sales, distribution, storage, repair and service of agricultural products, equipment, vehicles or supplies; blacksmith shop and harness making; butcher shop; grain mills; processing of locally produced agricultural products; veterinary offices; and feed supply, seed and fertilizer distribution.

FEEDLOT

Any tract of land or structure, pen, or corral, wherein cattle, swine, sheep or goats are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

FENCE

Constructed barrier erected to enclose, screen, or separate lots, parcels or any part thereof.

FISHERIES

The industry or occupation devoted to the catching, processing or selling of fish, shellfish, or other aquatic animals; a fishing business; a hatchery for fish.

FLOOR AREA

The total number of square feet area in a building, excluding uninhabitable areas primarily for storage, uncovered porches, but including the total floor area of accessory buildings on the same lot.

COMMERCIAL FLOOR AREAThe total number of square feet area in a building used for commercial purposes.

GROSS FLOOR AREA (GFA)The aggregate area of all floors, including the area of the outside walls, and measured to the exterior of such walls.

FOREST

In the Critical Area a "forest" is defined as a biological community dominated by trees and other woody plants. This also includes forests that have been cut but not cleared.

Elsewhere a "forest" is defined as a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

Forest does not include orchards but does include:

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; and

INFECTIOUS WASTE FACILITY

Forest areas that have been cut but not cleared.

FORESTRY

The management, harvesting and use of a forest or woodland for timber.

FORTUNE-TELLING

See Chapter 151 of the Wicomico County Code.

FUNERAL HOME

A building or part thereof used for human funeral services, including chapels, embalming, autopsies, storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles.

GAME PRESERVE

A reservation where animals are protected for purposes of sport.

GARAGE, REPAIR

A building, establishment, or part thereof, where the following activities may occur: general repair, engine rebuilding, reconditioning of motor vehicles, collision repair, painting, general maintenance, and where no more than two vehicles shall be stored on the premises.

GOLF COURSE

An area publicly or privately owned on which the game of golf is played, containing at least nine holes, together with such necessary and usual accessory uses as a clubhouse, driving range, caretakers' dwellings, dining and refreshment facilities.

GOLF DRIVING RANGE

A limited area on which golf players do not walk, but onto which they practice from a central driving tee.

GREENHOUSE

An enclosed building, permanent or portable, which is used for growing small plants.

GREENWAY

An area of unbroken open space managed primarily for conservation purposes such as protection of sensitive natural features, farmland, scenic views, and other unique features. A greenway may be left in a natural state or include trails or pathways. Components of greenways may include parks, wildlife areas, forest and historic sites, including human burial sites.

GROUP HOME

A facility providing housing and/or medical or social assistance in a single-family dwelling for not more than eight persons, including support personnel, for persons who need specialized housing, treatment, assistance or counseling service because of a mental or physical disability which impairs and substantially limits one or more of the individual's major life activities.

GROUP HOME, YOUTH

the administration, program, and physical plan involved in rendering residential services on a twenty-four-hour basis to youths under 21 years old. These homes include community-based family-type dwellings which house between five and 12 youths separately or with an affiliated corporation to provide a neighborhood experience.

GUEST ROOM

A room or rooms, within an owner-occupied residence, rented to a nonfamily resident, without kitchen facilities but with access to sanitary facilities within the same structure.

HAZARDOUS WASTE FACILITY

Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of hazardous material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place.

HISTORIC SITE

An area in which historic events occurred, or having special public value because of notable features relating to the culture or heritage of the county, of such significance to warrant conservation and preservation.

HISTORIC STRUCTURE

A structure listed individually on the National Register of Historic Places, the Maryland Inventory of Historic Properties, or a local inventory of historic places certified by the Maryland Historic Trust or the Secretary of the Interior.

HOME OCCUPATION

See "home-based business" under Part 8.

HOSPITAL

An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, central services facilities, and staff offices that are an integral part of the facilities.

HOTEL

A building offering transient housing accommodation, for lodging with or without boarding for the public for compensation, and in which access to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may contain restaurants, taverns, clubrooms, public banquet halls, ballrooms and meeting rooms.

HUNTING CAMP

A building or structure used on a temporary basis during the hunting or fishing season and not designed in such a manner that the structure can be used on a year-round basis. A hunting camp shall not include any other establishment or use as may be defined elsewhere in this chapter.

INDUSTRIAL USE

Any activity conducted in connection with the manufacture, assembly, disassembly, fabrication, resource recovery, storage or processing of materials or products, all or any part of which is marketed off the premises or marketed to other than the ultimate consumer.

Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of infectious material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place.

JUNKYARD

See "salvage yard."

KENNEL, COMMERCIAL

A place where dogs and other domesticated animals, excluding livestock, are bred and raised and are sold or kept for sale or boarded for a fee. This definition shall not include veterinary establishments.

LANDOWNER

Any person, family, partnership, corporation, or any other entity who possesses a legal or equitable interest in property.

LIQUOR

Includes all alcoholic beverages as defined in Article 2B of the Annotated Code of Maryland, with the exception of beer and wine, as defined in the same article.

LIVESTOCK MARKET

A commercial establishment wherein livestock are collected for sale or auctioning.

LOADING SPACE

Any off-street space available for the loading or unloading of goods.

LOT

Land occupied or to be occupied by a building and any building accessory thereto or by a building group and any buildings accessory thereto, together with the open spaces appurtenant to such building or group, and having its principal frontage on a public street or road or any private street or road approved by the Wicomico County Department of Public Works. A parcel of land shall be deemed to be a lot in accordance with this definition regardless of whether or not the boundaries thereof coincide with the boundaries of lots or parcels as shown on any map of record.

CORNER LOTA lot at the junction of and abutting on two or more intersecting streets, or a lot bounded on and abutting to more than one side by the same street.

INTERIOR LOTA lot which abuts on only one street.

THROUGH LOTA lot, other than a corner lot, which fronts upon two parallel public or private roads or which fronts upon two public or private roads which do not intersect at the boundary of the lot and which has no rear lot line.

LOT AREA

The total horizontal area included within lot lines.

LOT FRONTAGE

That portion of a lot abutting to any public street or road. Frontage is measured along and abutting to the street line thereof or, if said line is curved, along the chord of the arc.

LOT LINE

A line of record bounding a lot which divides one lot from another lot or from any road right-of-way or from any other public space.

FRONT LOT LINEThat boundary for a lot which is along a street. In the case of a corner or through lot, both boundaries along a public way shall be considered "front lot lines."

REAR LOT LINEThe lot line opposite and most distant from the front lot line.

In the case of triangular or otherwise irregularly shaped lots, a line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

In a corner lot, the rear lot line shall be as established on the recorded subdivision plat describing the property. In the event that no rear lot line is denoted on the recorded subdivision plat, the rear lot line shall be determined by the Zoning Administrator.

There shall be no rear lot line for through lots.

SIDE LOT LINEAny lot line other than a front or rear lot line.

LOT WIDTH

The width of a lot along a line parallel to the frontage thereof and lying a distance therefrom equal to the required setback on said lot required by this chapter or of a greater setback line if established.

MANUFACTURE

The mechanical, physical or chemical transformation of materials, substances, or components into new products.

MANUFACTURED HOME

A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under U.S.C. Title 42, Chapter 70; and except that such term shall not include any self-propelled recreational vehicle.

MANUFACTURED HOME, DOUBLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and which, once constructed on-site, is 24 body feet in width or more and 40 body feet or more in length.

MOTOR VEHICLE FILLING STATION

MANUFACTURED HOME, SINGLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a double-wide manufactured home and is up to 24 feet in width and 40 feet long.

MANUFACTURED HOME PAD

The area occupied by a manufactured home and its accessory uses and structures in a manufactured home park.

MARINE TERMINAL

Any water-dependent facility served by adequate collector roads equipped for loading or unloading of equipment, bulk materials or supplies.

MEDICAL CLINIC

A place where medical or dental care is furnished to persons on an out-patient basis by three or more physicians who have common offices in a building which shall also offer laboratory and diagnostic facilities to patients on an out-patient basis and not just in conjunction with normal professional services.

MINERAL EXTRACTION

Any filling, grading, lagooning, dredging, excavation, processing, blasting and storage of any earth products of natural mineral or organic deposit on or from the earth, such as soil, sand, loam, gravel, clay, metals, rock or peat. This definition does not include excavation for purposes of grading for a building lot or roadway, grass sod removal for landscaping, or excavation of material on a lot for use on that same lot.

MIXED-USE

A mix of two or more uses in a single facility that are organized to make a viable project. A mixed-use building shall not be interpreted to mean a shopping center as herein defined.

MOBILE HOME

See "manufactured home."

MODULAR HOME

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

MOTEL

Any building or portion thereof containing sleeping accommodations with 10 or more rooms for persons who are not members of a single family as defined in this section, whether such establishment is designated as a hotel, inn, motel, motor lodge, motor hotel or otherwise.

MOTOR VEHICLE

An automobile, light truck, boat, boat trailer, recreational vehicle, motorcycle and the like.

Any building, structure or area of land used for the retail sale of automobile fuels, oils, and accessories and where repair service, if any, is incidental; and where no more than two motor vehicles shall be stored on the premises. Motor vehicle filling stations may include the sale of propane or kerosene as accessory uses.

MOTOR VEHICLE SALES

Storage and display for sale of more than two motor vehicles or any type of trailer, provided the trailer is unoccupied, other than for private, individual sale, and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicle sales include motor vehicle retail or wholesale sales.

NATURAL FEATURES

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

NATURAL VEGETATION

Plant communities that develop in the absence of human activities.

NEIGHBORHOOD COMMERCIAL

These uses include certain light retail and personal service establishments of a convenience nature that serve residential neighborhoods. Prohibited under this category are uses of an incompatible nature or which serve a regional market likely to create undue traffic, earlier or later hour operations, or other characteristics incompatible with a residential neighborhood.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of this chapter but which fails, by reason of adoption or amendment of this chapter, to conform to the present requirements of the district.

NONCONFORMING SPECIAL EXCEPTION

A use lawfully existing at the time of the adoption or amendment of this chapter by virtue of a special exception granted by the Planning and Zoning Commission or the Board of Appeals but which fails, by reason of such adoption or amendment, to conform to the present regulations of the district in which it is located.

NONCONFORMING USE

A use lawfully existing at the time of adoption or amendment of this chapter but which fails, by reason of such adoption or amendment, to conform to the present regulations of the district in which it is located.

NURSERY, COMMERCIAL

A building or structure, and lands associated therewith, for the growing of young trees or other plants, shrubs, seeds, fertilizers and mulch, together with gardening tools, implements and other ancillary items determined by the Board of Appeals to be directly related to residential gardening, which are sold at retail from such building or lot to the general public.

NURSING CARE FACILITY

A facility maintained for the purpose of providing skilled nursing care and medical supervision at a less intensive level than that available in a hospital.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

OFFICE, MOBILE

A structure that contains one or more office units and that is designed to be transportable, either by traction or under its own power. This definition shall apply regardless of whether or not the wheels or other devices for mobility are actually in place and regardless of alterations or additions to the original structure.

OFF-STREET PARKING

Space provided for vehicular parking, but not including any public or private street right-of-way.

OPEN SPACE

A parcel of land or an area of water, or combination thereof within a designated development tract, to be left undeveloped as part of a development, natural resource preservation, archeologic or historic recreation, to include human burial sites, buffer or other open space provision of this chapter. Open space excludes areas in lots, street rights-of-way, or parking.

OUTDOOR COMMUNITY EVENT

Occasional outdoor festivals or events, including, but not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc., and seasonal business use.

OUTSIDE STORAGE

Any accessory storage of a principal building or structure on the lot in the open air and/or in unenclosed portions of buildings which are open to the air on the sides.

OVERLAY DISTRICT

A district which is placed over the base zoning district and which is intended to supplement the regulations of the parent district to accomplish a special public purpose for which the overlay district is established.

OWNER

See "landowner."

PARAPET or CORNICE

The extension of the main walls of a building above the roof.

PARCEL

A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

PARKING SPACE

An area set aside for the parking of one vehicle.

PEDESTRIANWAY

A publicly or privately owned right-of-way or easement for pedestrian or bicycle use.

PLACE OF ASSEMBLY

A structure or land area designated for the frequent gathering of people for a common reason as for a legislative, religious, educational or social purpose, including, but not limited to, places of religious assembly, auditoriums, convention centers, shopping centers, day-care homes and centers, schools and elderly day-care facilities.

PLANNING COMMISSION

The Wicomico County Planning and Zoning Commission.

PLANNING DIRECTOR

The Wicomico County Director of Planning.

PLAT

A sketch, map or survey of a lot(s), tract or parcel of land, including lot lines, street rights-of-way and easements, with the dimensions of these features inscribed thereon.

PLAT OF RECORD

A complete subdivision plat or site development plan that has received final approval by the Planning Commission, including all required supplementary data which defines property lines, proposed streets and other improvements, development plans and community impact statements and easements; or a plan of private streets to be dedicated to public use and which is to be recorded in the land records of Wicomico County.

POULTRY HOUSE

Any structure, including all related buildings and appurtenances, designed and used for the growing of poultry. This includes, but is not limited to, fans, feed bins, litter storage, manure sheds, incinerators, composters, and cold storage.

[Added 9-6-2016 by Bill No. 2016-11]

PREMISES

A lot or parcel, together with all buildings and structures thereon.

PRINCIPAL STRUCTURE/MAIN STRUCTURE

The main building or buildings housing the principal use on the lot.

PRIVATE CLUB

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

PROJECTING SIGN

A sign which projects beyond the building face more than 18 inches and uses the building as its main source of support.

PUBLIC UTILITY

Facilities and structures owned or maintained by a public agency or a public company for the purpose of and directly necessary for rendering or providing communication, electric, gas, sewer, water or comparable service and, in fact, used in the rendition of such services. For purposes of this definition, wireless telecommunications towers shall not be considered a public utility.

PUBLIC WAY

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

RAILYARD

An area with three or more tracks where rail cars are stored awaiting combination or decombination with other rail cars.

RECREATION

Establishments primarily engaged in the operation of sports, active amusement or recreation services for entertainment.

RECREATION VEHICLE or RV

A motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and camping. RVs do not include mobile homes, off-road vehicles or snowmobiles. RVs are classified into two groups: towables and motorized. Towables are designed to be towed by a motorized vehicle (auto, van, or pickup truck) and of such size and weight as not to require a special highway movement permit. Towables are designed to provide temporary living quarters for recreational camping or travel use and do not require permanent on-site hookup. The towables include conventional travel trailers, fifth-wheel travel trailer, folding camping trailer and the truck camper. Motorized RVs are a recreational camping and travel vehicle built on or as an integral part of a self-propelled motor vehicle chassis. It may provide kitchen, sleeping, and bathroom facilities and be equipped with the ability to store and carry fresh water and sewage. Motorized RVs include motorhome (Class A), van camper (Class B), motorhome (Class C) and conversion vehicles.

RECREATIONAL VEHICLE PARK

A park designed to accommodate recreational vehicles for temporary occupancy of not over 30 days' duration.

RECYCLING FACILITY

A parcel or facility where materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

REHABILITATIVE HOUSING

A facility providing housing facilities and/or rehabilitation in a single-family dwelling for not more than eight persons, including support personnel, for persons who need specialized housing, treatment and/or counseling service because of delinquency or criminal rehabilitation, such as a criminal halfway house, current addiction to or illegal use of a controlled substance, or a type of mental illness that involves behavior that causes a person to be a threat to the physical safety of others. Residents are provided service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements. Treatment and counseling shall be limited to the residents of the dwelling. The residents of a group home shall not include any person who, during the term of dwelling at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such facility.

RESEARCH ESTABLISHMENT

An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development which shall not permit the testing of explosives, toxic chemicals or other hazardous materials.

RESIDENCE

A building containing only dwelling units. The term "residence" or any combination thereof shall not be deemed to include accommodations used for transient occupancy or mobile residences.

RESTAURANT

Any establishment, however designated, including a tearoom, at which food is prepared and sold for consumption on the premises, for carry-out, or for off-site catering. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a restaurant. Restaurants may be furthered defined as follows:

SAND, GRAVEL OR CLAY EXCAVATIONS

RESTAURANT, DRIVE-THRU OR FAST-FOODAny establishment where prepared food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-thru window or while parked.

RETAIL SALES

A building where goods, wares, merchandise, substances, articles or things are offered or kept for sale to the general public or members, including storage of limited quantities of such goods, sufficient only to service such store.

RIGHT-OF-WAY

The property under public ownership or easement normally used for movement of vehicles and/or persons, including, but not restricted to, any pavement area.

ROAD

See "street."

ROAD, SERVICE

A minor street generally parallel to a major arterial street providing access to abutting properties of both the service road and major arterial street but protected from through traffic.

ROADSIDE STAND

Temporary, portable and accessory structures, e.g., a table, for the occasional sale of produce raised on the site where the stand is located.

ROADWAY

See "street."

SALVAGE YARD

Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, abandoned, including the salvaging, storing, wrecking of automobiles and other vehicles, machinery or parts thereof, house wrecking yards, used lumber yards and places for storage of salvaged building or structural steel materials and equipment.

See "borrow pit."

SANITARY LANDFILL

Any place, land area, building or structure where solid waste or refuse or other materials are stored or disposed of by alternating layers of such wastes or materials with dirt or other approved materials and then compacted on a daily basis. All such facilities shall include those as defined by Maryland law or regulation.

SAWMILL

A building, structure or area where timber is cut, sawed or planed, either to finished lumber, or as an intermediary step.

SCHOOL, NURSERY

Any building, however designated, certified by the Maryland Board of Education to provide an educational program for students who are two, three or four years old. In addition, such schools may include classroom instruction for older students at the kindergarten, first and second grade levels when such instruction is provided as part of a program approved by the Maryland State Board of Education.

SCHOOL OF GENERAL INSTRUCTION

A parochial or private school or college or university giving regular instruction at least five days a week, except holidays, for a normal school year of not less than seven months.

SCHOOL OF SPECIAL INSTRUCTION

A school with three or more employees primarily devoted to giving instruction in vocational, professional, commercial, musical, dramatic, artistic, linguistic, scientific, religious or other special subjects.

SCREENING

A barrier of appropriate natural vegetation or appropriate fencing materials intended to provide a physical and/or visual buffer between uses as specified by ordinances and regulations of Wicomico County.

SELF-STORAGE

A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

SENSITIVE AREAS

Environmental protection areas identified in the Economic Growth, Resource Protection and Planning Act of 1992 for which special standards, may be applied to protect these areas from the adverse effects of development. These areas include the following:

Streams and their buffers;

One-hundred-year floodplains;

Habitats of threatened and endangered species;

Steep slopes (15% or more); and

(5)

Any other areas determined by the county.

SERVICE ESTABLISHMENT

A building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual needs of persons, such as hairdressers or shoe repair, professional health and legal assistance, and repair or service of small appliances or locksmiths, except as otherwise specified in this chapter.

SETBACK

See "building line."

SHOPPING CENTER

A grouping of retail, service or restaurant uses on a single site with common parking facilities:

SHOPPING CENTER, NEIGHBORHOODShopping center serving the surrounding neighborhood ranging in size from 5,000 square feet to 30,000 square feet of gross floor area.

SHOPPING CENTER, COMMUNITYShopping center serving the community at large ranging in size from 30,000 to 300,000 square feet of gross floor area.

SHOPPING CENTER, REGIONALShopping center serving an area of greater population than the county, ranging in size from 300,000 square feet of gross floor area and larger.

SIGN

Any display or device displayed for the purpose of visually bringing the items or services about which the sign pertains to the attention of the public and which is viewable from the outdoors. A sign does not include any flag of and displayed by any government or governmental agency or otherwise displayed for patriotic purposes or any flag or banner of and displayed by any civic, charitable, religious, patriotic, fraternal or similar organization or any badge or insignia of such organizations with a maximum area of 16 square feet. Temporary lighting as part of holiday decorations shall not be deemed to be a sign display.

BANNERAny sign of lightweight fabric or similar material that is mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

COMMERCIAL SIGNAny sign belonging to or controlled by the owner or occupant of a building or premises which is used to identify the building or premises or the products or services sold therein or thereon.

FLASHING SIGNA sign, the illumination of which is not kept stationary or constant in intensity at all times when in use, except that illuminated signs which indicate the temperature, date or similar public service information shall not be considered flashing signs.

SMALL CONTRACTING BUSINESS

FREESTANDING SIGNA pedestal or ground sign.

(5)

INDIRECTLY ILLUMINATED SIGNAn illuminated, nonflashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such sources into any residential district or public street.

(6)

OUTDOOR ADVERTISING STRUCTUREAny poster panel, billboard, painted bulletin or other structure, device, surface or display used for advertising purposes which is not located on the premises of the business advertised.

SITE PLAN

See § 225-13C.

SLUDGE

The waste by-product that has been treated by a process to reduce putrescibility, significantly reduce pathogenic organisms and, except for lime stabilization, reduce the volatile solids content.

SLUDGE APPLICATION

Application is defined as the incorporation or injection into the root zone or soil profile of sewage sludge or wastewater solids.

SLUDGE HANDLING

Any manner in which sewage sludge is handled, utilized, or otherwise managed or stored including incineration, composting, co-land filling, and application.

Those businesses engaged in the construction, alteration or repair of buildings; installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and tiling; installation or maintenance of landscaping; well-drilling; or any other contracting use determined by the Zoning Administrator to be similar to those listed in terms of type, scale and impact.

SOIL REMEDIATION

Any chemical, natural or mechanical process by which any undiluted petroleum-based liquid is removed or diluted from either soil or other material or matter. Soil remediation facilities shall not include any toxic or hazardous liquid or material as defined by Maryland or federal law. This definition shall not include any previously processed asphalt, tar and chip, stone or concrete materials commonly referred to as "millings" or "recycled asphalt products (rap)."

SOIL REMEDIATION FACILITY

Any place, land area, building or structure where soil remediation, as defined in this article, takes place, involving products not originating on the site. Such a facility shall also include any storing, treatment, transferring or processing of undiluted petroleum-based liquids or materials.

SPECIALTY RETAIL STORE

A retail facility selling products of a specialized nature, including food and beverages, art and art supplies, crafts and craft supplies, cameras and photographic supplies, stamps and coins, music and musical instruments, books, and other similar products.

STEEP SLOPES

Any slope with a grade of 15% or more covering a contiguous area of 10,000 square feet or more.

STORAGE TRAILER

A trailer, not designed or intended for human habitation, that is located for the storage of items and materials. Manufactured homes shall not be considered storage trailers.

STORAGE TRAILER FACILITY

An area where more than one storage trailer is located for sale, rent or lease.

STORY

The part of a building comprised between the upper surface of a floor and the upper surface of the floor or roof next above it. A basement shall be considered a story.

STREAM

A natural body of running water flowing continuously or intermittently in a channel. A stream shall not include elements of a drainage system, such as engineered swales, culverts, ditches, retention facilities or storm sewer systems.

INTERMITTENT STREAMA stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or field located. Intermittent streams shall be identified in the field and accurately drawn on all development plans.

PERENNIAL STREAMA stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or may be located by field check.

TRIBUTARY STREAMPerennial and intermittent streams that flow into a larger stream or body of water and located in the Critical Area that are so noted on the most recent U.S.G.S. 7.5 Minute Quadrangle Maps or on more detailed maps or studies at the discretion of the county.

STREET

A public or private thoroughfare, however designated, which affords the principal means of access to abutting property.

STREET, COLLECTORA street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties and is designated as a "collector street" on the county's approved functional classification map or, if not shown on such plans, as designated in the Wicomico County Comprehensive Plan.

STREET, LOCALA street whose principal function is to provide direct access to abutting properties. A local street shall be defined as those roadways not classified as "collector" or "arterial" roadways on the county or state functional classification maps or the Wicomico County Comprehensive Plan. Local streets shall be those roadways built to serve new subdivisions.

STREET, PRIVATENonpublicly owned vehicular accessway serving two or more abutting properties.

STREET, PUBLICA vehicular accessway for public use, owned or maintained by the city, county, state or federal government, or any other such public accessway for vehicles designated by the County Council.

STRUCTURE

Any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground, and including, among other things, display stands; gasoline pumps; mobile dwellings (whether mobile or stationary at the time); outdoor signs; platforms; decks; pools; porches; reviewing stands; sales stands; signs; stadiums; stagings; standpipes; tanks of any kind; tents; towers of any kind, including radio and television towers and sending and receiving units and antennas, but not support wires or anchors; unenclosed porches; and vending machines.

The word "structure" shall be construed as though followed by the words "or part thereof."

For the purposes of this chapter, the term "structure" shall not include awnings, chimneys, lawn furniture, birdbaths, roof-mounted antennas, driveways, sidewalks, exterior lighting fixtures, mailboxes, fire hydrants, fences, temporary structures no larger than 50 square feet in size nor 30 inches in height, survey monuments, tree houses and shelters for school children not over 50 square feet in size, light poles and other decorative lawn poles not over six inches in diameter, roof overhangs of the principal building no greater than four feet and porches, patios, steps, stoops and decks, unenclosed by walls or roof, not over 30 inches high above grade and attached to the principal building.

TELECOMMUNICATIONS FACILITIES

Determination of whether similar minor structures not listed above are governed by the setback provisions of this Code shall be made in writing by the Planning Commission on a case-by-case basis.

STUDIO

An establishment wherein music, photography, dancing, sculpting or other artistic instruction may be given.

SURVEYOR

A professional land surveyor licensed by the State of Maryland.

SWIMMING POOL

An artificial pool of water, either above or below ground, having a depth at any point of more than 30 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming and including all necessary equipment.

A structure, device or apparatus consisting of antennas (including, but not limited to, panels, dishes, and omnidirectionals), mounted hardware, and all related equipment necessary to operate various telecommunications systems, including personal communications services (PCS) and cellular transmitting and receiving sites, as well as monopoles, freestanding towers, guyed towers, and other support and elevational assisting devices. For purposes of this chapter, telecommunications uses shall also include television and radio broadcasting facilities.

TERMINAL

A place where a transfer of goods or people between different modes of transportation takes place; or a terminating point where goods or materials are delivered or transferred to a temporary storage area, either on an open lot or within structures, to be collected and redistributed.

THEATER, INDOOR

A building designed and/or used primarily for the commercial exhibition of motion pictures or live shows to the general public.

THEATER, OUTDOOR

Only those areas, buildings or structures designed and used for the commercial outdoor exhibit of motion pictures or live shows.

TOWNHOUSE

A single-family dwelling forming one of a series of attached single-family dwellings, which may be offered for sale or rental, separated from one another by a party wall without doors, windows or other provisions for human passage or visibility and sound transmission through such party walls, extending from the cellar floor and/or foundations to the highest point of the roof, along the dividing lot line and separated from any other building or structure by space on all other sides.

TOXIC WASTE FACILITY

Any place, land area, building or structure where either the storage of or the mechanical, chemical or natural processing of toxic material or matter, as defined by federal or Maryland law or regulation, not originating on the site, takes place.

TRAILER, UTILITY

A nonmotorized wheeled vehicle designed to be transportable when towed by a motorized vehicle and which has been designed for the storage of tools and/or equipment.

TRAVEL TRAILER

See "recreational vehicle or RV."

TUNNEL VENTILATION FAN(S)

Exhaust fans, 48 inches or greater in diameter, engineered for static-pressure controlled air exhaust, which would exhaust air on one end or middle of a poultry house. Air inlets are located on the opposite end of the tunnel ventilation fan(s). Other sidewall and end-of-house fans are not considered to be tunnel ventilation fans, as they are used only to prevent stagnant air pockets, thus improving animal welfare.

[Added 9-6-2016 by Bill No. 2016-11]

USE

The purpose for which land, buildings or structures are designed, arranged or intended or for which land, buildings or structures are occupied or maintained; and any occupation, activity, or operation conducted in a building or other structure, or on land.

USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building or on an adjacent lot under the same ownership.

USE, PERMITTEDA use specifically listed in the Table of Permitted Uses[1] as a permitted use and which may be lawfully established in a particular district or districts, provided that it conforms with all regulations, requirements and standards of such district. Permitted uses do not include special exception and nonconforming uses.

USE, PRINCIPALThe primary purpose for which a lot or the buildings thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained.

UTILITY OPERATION CENTER

Facilities, structures and any or all uses directly relating to the operation and maintenance of a public utility:

[Added 2-5-2013 by Bill No. 2012-17]

Including, but not limited to:

Operating utility system controls;

Business offices and associated accessory uses;

Indoor and outdoor repair, maintenance and/or storage of motor vehicles and utility construction and maintenance equipment; and associated storage of fuels, lubricants, coolants and fluids and substances, not for sale to the public;

(d)

Indoor and outdoor assembly, repair, maintenance, testing and storage of utility system components, equipment, tools and supplies; and

(e)

Staging area for contractors constructing, repairing, and/or maintaining the utility system.

Excluding all electric generating facilities and electric transmission lines of greater than 69,000 KV.

VARIANCE

A modification of zoning regulations for height, frontage, area or size of structure, or size of yards and open spaces, where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of any action taken by the applicant, a literal enforcement of the regulations would result in unnecessary hardship.

VETERINARY CLINIC

A building or part of a building used for the care, diagnosis, and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, which may or may not have runs provided for the animals as long as all runs are entirely contained within a building.

WAREHOUSE

A building or part of building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for truck or transport terminal or yard.

WAYSIDE STAND

A use of land for the sale of seasonal plants, vegetables, fruits, seafood, wreaths and Christmas trees to the general public.

WHOLESALE SALES

On-premises sales of goods in large quantities primarily for resale by a retailer.

YARD

An open area between a lot line and the line within which no structures shall be located, except as provided in this chapter.

FRONT YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the front lot line.

REAR YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the rear lot line.