For the purposes of this chapter, certain terms
or words used herein shall be interpreted as follows:
A.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
B.
The present tense includes the future tense.
C.
The singular number includes the plural; the plural
number includes the singular.
D.
The word "shall" is mandatory; the word "may" is permissive.
E.
The words "used" or "occupied" include the words "intended,"
"designed" or "arranged to be used or occupied."
F.
The word "lot" includes the words "plot" or "parcel."
For the purposes of this chapter, the following
definitions apply. Terms identified with the initials "CA" apply county-wide
and, where applicable to lands in the critical area, may not be modified
without the approval of the Maryland Chesapeake Bay Critical Area
Commission.[1] Terms identified with the initials "FP" apply only within
the Floodplain District.
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining or otherwise
improving or rearranging a facility, or during normal periods of vacation
or seasonal closure.
A structure which is located on the same lot as the principal
structure and is not attached by any common wall or by a common roof
to the main structure.
A use which is clearly incidental to and customarily found
in connection with the principal use, is subordinate to and serves
the principal use and is located on the same lot as the principal
use.
A cabaret that features go-go dancers, exotic dancers, strippers
or male or female impersonators or similar entertainers.
An establishment that as its principal business purpose offers
entertainment, trades in or exhibits materials of an adult sexual
nature, such as books, magazines, movies, videos or otherwise viewable
matter, and that excludes minors by reason of age.
A development rights and responsibilities agreement.
[Added 9-28-2004 by Bill No. 2004-18]
The use of land for all methods of production and management
of livestock, crops, vegetation, forests and soil. This includes,
but is not limited to, the related activities of tillage, fertilization,
pest control, harvesting and marketing, and further includes the activities
of feeding, housing and maintaining animals such as cattle, dairy
cows, sheep, goats, hogs, horses and poultry and handling their by-products.
A privately or publicly owned area and facility for the commercial
operation of general aviation and commercial aircraft. One operation
is defined as a takeoff and landing. Commercial operation specifically
includes the selling of fuel, repairs of aircraft, instruction and
teaching of student pilots, scheduled airline operations, charter
operations, sight-seeing flights for hire and sales or rental of new
and used aircraft.
The Cambridge-Dorchester Airport.
For the existing extended runway, the airport approach surface
extends from 200 feet beyond each end of the prepared hard surface
of the present extended airport runway, starting at a width of 500
feet and at the elevation of the end of the runway and expanding outward
uniformly by a width of 300 feet for each horizontal distance of 1,000
feet, the center line being the continuation of the center line of
the runway. Such surfaces slope upward one foot vertically for each
34 feet horizontally to a height of 150 feet above the airport elevation.
For the proposed runway shown on the Airport Layout Plan contained
in the Master Plan, Cambridge Dorchester Airport, dated February 1990,
the airport approach surface extends from 200 feet beyond each end
of the planned hard surface of the proposed runway, starting at a
width of 1,000 feet and at the elevation of the end of the runway
and expanding outward uniformly to a width of 16,000 feet at a distance
of 50,200 feet from the edge of the proposed runway. Such surfaces
slope upward one foot vertically for each 50 feet horizontally from
the runway and to a height of 150 feet above the airport elevation.
Surface extending outward and upward from the periphery (outer
edge) of the horizontal surface at a slope of one foot vertically
to 20 feet horizontally for a horizontal distance of 4,000 feet and
to a height of 350 feet above the airport elevation.
The highest point of the airport's usable landing area measured
in feet above mean sea level.
For both the existing airport runway and the proposed runway,
the airport horizontal surface is bounded by arcs of 10,000 feet,
radii from points 200 feet from the end of the prepared hard surface
of each airport runway and along the continuation of the runway center
line and by tangents connecting the adjacent arcs. The horizontal
surface is at a height of 150 feet above the airport elevation.
Areas on the ground beneath airport approach, horizontal,
transitional and conical surfaces.
For the existing extended airport runway, the airport transitional
surface extends outward and upward at ninety-degree angles to the
airport runway center lines and center-line extensions, sloping upward
one foot vertically for each seven feet horizontally, from the sides
of the approach surfaces and from lines drawn parallel to the runway
center lines and 250 feet from the center lines which connect with
the start of the approach surfaces at the opposite ends of the runway.
Such surfaces slope upward to a height of 150 feet above the airport
elevation. For the proposed runway, the airport transitional surface
extends outward and upward at ninety-degree angles to the airport
runway center lines and center-line extensions, sloping upward one
foot vertically for each seven feet horizontally, from the sides of
the approach surfaces and from lines drawn parallel to the runway
center lines and 250 feet from the center lines which connect with
the start of the approach surfaces at opposite ends of the runway.
Such surfaces slope upward to a height of 150 feet above the airport
elevation.
A privately owned area for the private operation of general
aviation aircraft.
A public or private right-of-way primarily designed to serve
as a secondary access to the side or rear of those properties whose
principal access is on some other street.
A device used to collect or radiate electromagnetic waves,
including both directional antennas, such as panels and microwave
dishes, and omnidirectional antennas, such as whips and satellite
dishes.
A special flood hazard area, shown on the Flood Insurance
Rate Map as an A Zone, which is inundated by the one-hundred-year
flood, as determined by approximate methods. No base flood elevations
are shown.
The farming or culturing of aquatic plants and/or animals
in natural or man-made water bodies or buildings, but excluding shedding
operations as herein defined.
A story where the floor is more than 12 inches but not more
than half of its story height below the average level of the adjoining
ground. A basement may be used as a separate dwelling and shall be
counted as a story for the purpose of height regulations. See also
"cellar."
An enclosed area which is below grade on all four sides.
The elevation above mean sea level (NGVD) at which a flood
having a one-percent chance of being equaled or excelled in any given
year is expected to rise.
A dwelling occupied by the owner or operator that contains
not more than 10 guest rooms, excluding resident quarters offering
overnight lodging accommodations and breakfast for transient guests
only.
The Board of Zoning Appeals of Dorchester County, Maryland.
Also referred to as the "Board of Appeals."
A dwelling or part thereof where meals and/or lodgings are
provided, for compensation, for persons not transient.
A single-story structure limited to the storage of boats
and/or boat equipment, constructed over the water.
An excavated area where material has been dug for use as
fill at another location.
Any structure which is designed, built or occupied as a shelter
for persons, animals or property. The term "building" shall include
tents, lunch wagons, roadside stands, manufactured homes and recreational
trailers and vehicles and shall also include any part thereof.
A line beyond which the foundation wall, any enclosed or
covered porch, vestibule or other structure of a building or part
thereof shall not project, except that steps leading to the first
floor for normal egress may project beyond the building line. For
purposes of this chapter, the building line shall be the same as the
innermost edge of the required yards. On a waterfront lot, the front
building line is on the road or land side of the building.
Lumber, hardware, hand tools, paint, prefabricated doors,
windows, frames, roofing and roofing supplies and other materials
directly associated with building construction.
A small, single-story structure located adjacent to a road
and used exclusively for persons seeking protection from the elements
while waiting for public transportation or school bus transportation.
[Added 6-13-2000 by Ord. No. 274]
A for-profit campground or recreational vehicle park or mix
of both, accessible by vehicular traffic where sites are substantially
developed with two or more utilities, i.e., sewer, water or electricity,
etc., are provided, and refuse disposal and rest rooms are available.
A campground where no facilities or permanent structures
are provided for the comfort or convenience of campers except for
rudimentary facilities.
A story having more than 1/2 of its height below the average
level of the adjoining ground. A cellar shall not be used as a separate
dwelling and need not be counted as a story for the purpose of height
regulations. See also "basement."
Buildings used for religious services or worship by a group
of people associated with a recognized, established faith.
A predominantly 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 of the tract.
The Code of Maryland Regulations.
A combination on one lot of two or more principal nonresidential
uses separately listed in the Table of Permitted Uses by Zoning District.[2] Combination uses must meet the minimum lot size and bulk
regulation requirements for a single principal use only, but must
meet the parking requirements for all uses combined.
Any activity conducted with the intent of realizing a profit
from the sale of goods or services.
Any vehicle or trailer designed and used for carrying equipment,
freight, merchandise, passengers or property in the furtherance of
any commercial enterprise, including school buses.
A structure designed and intended to support antennas. This
term includes lattice-type structures, either guyed or self-supporting,
and monopoles, which are self-supporting pole-type structures, tapering
from base to top and supporting a fixture designed to hold one or
more antennas.
The Dorchester County Comprehensive Plan, adopted September
24, 1996, by the County Commissioners, and any amendments thereto.
A major reclassification covering an entire geographic region
of the county.
All agricultural products, including without limitation,
vegetables, fruits, herbs, flowers, nuts, honey, eggs, meats, milk,
pumpkins, aquaculture-produced oysters, shrimp and fish, christmas
trees, bedding and potted plants, garden-related products, and other
similar or related products. "Consumer agricultural products" also
includes value-added products such as, without limitation, floral
arrangements, wreaths, ciders, jams, jellies, juices, oils, pickles,
relishes, sauces, vinegars, ice cream, cheeses, baked goods, and other
foods or merchandise made from consumer agricultural products.
[Added 7-15-2014 by Bill
No. 2014-8]
A collection point where residents deposit household waste
and/or recyclable materials for subsequent transfer to a solid waste
acceptance facility.
Buildings which are fabricated or assembled in the greater
part at the site where such buildings are to be located, not including
manufactured homes, modular structures, recreational trailers and
vehicles or buildings which are designed to be portable.[3]
The County Council of Dorchester County, Maryland, formerly
the County Commissioners of Dorchester County, Maryland. All references
to the term "County Commissioners" in this chapter shall mean County
Council.
[Added 9-14-2004 by Bill No. 2004-11]
The terminus of a public road or private road designed to
allow the turning around of motor vehicles.
A day nursery, day camp or day-care center for the care of
persons and not involving overnight lodging.
The number of dwelling units per acre within a defined and
measurable area.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
"Development" includes subdivision of land.
The Director of Planning of Dorchester County. See § 155-17 of this chapter.
Any facility, including piers and boat slips but excluding
boathouses, for the mooring, berthing, wet storage or securing of
watercraft for the private noncommercial use of the property owner,
his tenant and their guests.
A manual adopted by the Dorchester County Planning Commission
to guide property owners, land planners engineers and reviewers in
site design.
Any place or establishment merchandising or dispensing prepared
food or drink, which the customer may consume while sitting in an
automobile or other motor vehicle parked on-site or at which the customer
is served through an exterior sales window, counter or serving area.
A road, path, lane or similar way, wholly within a single
lot, designed to provide access between various portions of the lot
and the abutting public road or private road. A driveway shall not
provide the principal access to abutting lots.
APARTMENTA dwelling in a building containing three or more dwelling units separated by both vertical and horizontal party walls.
ACCESSORY APARTMENTA second dwelling unit which is located within an owner-occupied, single-family detached dwelling and which occupies no more than 800 square feet of floor area or 1/3 of the total area of the building, whichever is less. The property owner shall occupy the principal dwelling or the accessory apartment (see also "dwelling, two-family").
SINGLE-FAMILY DETACHEDA detached residential building designed for and occupied by only one family, including modular homes, and manufactured homes meeting the standards for single-family detached dwellings in § 155-50X(1).
SINGLE-FAMILY ATTACHEDOne of a series of two or more dwelling units, separated either by vertical or horizontal party walls, with each unit having its own separate exterior entrance.
TOWNHOUSEOne of a series of three or more attached dwelling units separated by continuous vertical party walls which are without openings from the lowest floor level to the highest point on the roof.
TWO-FAMILYA detached residential building, containing two dwellings attached by a vertical or horizontal party wall.
[Amended 6-13-2000 by Ord. No. 276]
A single unit providing complete, independent living facilities
for at least one person, including permanent provisions for sanitation,
cooking, eating, sleeping and other activities routinely associated
with daily life. Dwelling unit includes a living quarters for a domestic
or other employee or tenant, an in-law or accessory apartment, a guest
house or a caretaker residence. A dwelling unit shall be located in
a structure containing a minimum gross floor area of 600 square feet.
[Amended 5-17-2005 by Bill No. 2005-6]
Persons who are 60 years of age or older, or families where
the husband or wife is 60 years of age or older.
A form supplied by the Federal Emergency Management Agency
(FEMA) to certify as-built elevations of structures above mean sea
level (NGVD).
Fire, rescue, ambulance and police services, including related
structures and activities.
Facilities such as wires, lines, cables or pipes located
in public ways or in easements provided for the purpose or on a customer's
premises. Such essential services do not require a private right-of-way
and may be reasonably necessary for the furnishing of adequate water,
sewer, gas, electric, telecommunication or similar services to adjacent
customers. They do not include any cross-county electric transmission
lines, including microwave, or any aboveground pipeline.
Structures for which construction began prior to the effective
date of the Flood Insurance Rate Maps, which is October 15, 1981.
The Federal Aviation Administration.
[Added 8-11-2009 by Bill No. 2009-8]
An individual or two or more persons related by blood or
marriage or a group of not more than eight persons not related by
blood or marriage living together as a single housekeeping group in
a dwelling unit.
Land which is primarily used for such bona fide agricultural
purposes as crop production; livestock pasturage, care handling etc.;
forestry; and directly related uses.
An agricultural processing facility located on a farm with
a producing vineyard, orchard, or similar growing area, that produces
wine from fruit or fruit juices through fermentation or the refermenting
of still wine into sparkling wine. A farm winery includes crushing,
fermenting and refermenting, bottling, blending, bulk and bottle storage,
aging, shipping, receiving, laboratory equipment and maintenance facilities,
and administrative office functions.
[Added 2-3-2009 by Bill No. 2009-1]
The Federal Emergency Management Agency.
A fixed structure designed to prevent escape or intrusion
or to define property.
A zoning district of undetermined location which may only
be placed on the Zoning Map upon petition of a property owner and
not by government initiative. A floating district may only be applied
to a specific property if stated criteria are satisfied, a finding
of compatibility is made and a site plan is approved for the property.
A finding of mistake in the existing zoning or a substantial change
in the character of the neighborhood is not required to apply a floating
district to a property.
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
waters or rapid unusual accumulation of runoff from any source.
Land typically adjacent to a body of water with ground surface
elevations that are inundated by the base flood.
Any combination of structural and nonstructural additions,
changes or adjustments or structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
A form supplied by FEMA to certify that a building has been
designed and constructed to be structurally dry floodproofed to the
base flood elevation.
The channel of a stream, plus any adjacent floodplain areas,
that must be kept free of encroachment in order that the one-hundred-year
flood can be carried with no increase in water surface elevation.
"Floodways" are shown on the flood boundary and floodway maps.
That portion of the one-hundred-year floodplain adjacent
to the floodway which could be completely obstructed without increasing
the water surface elevation.
A biological community dominated by trees and other woody
plants and covering a land area of one acre or more. This definition
also includes forests that have been cut but not cleared.
The growing and management of timber for cutting and commercial
sale.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
A space or structure for the storage, sale, hire, care or
repair of vehicles. A "private garage" is one intended for and used
only for the storage of private motor vehicles of persons resident
upon the premises.
A facility for drying grain. A "commercial grain dryer" is
one in which the grain dried is primarily grown by sources other than
the owner and/or operator of the facility. A "noncommercial grain
dryer" is one in which the grain dried is primarily grown by the owner
and/or operator of the facility.
Provisions which allow certain preexisting uses to continue
even though they may be inconsistent with a new law. This does not
include development activity requirements for water-dependent facilities
and habitat-protection areas.
A structure designed or intended for the enclosed growing
of shrubs, flowers, vegetables or other plants.
The total floor area of all finished and habitable floors
or portions of floors which are finished and habitable and measured
from outside to outside of exterior walls.
A home for the care of nine or more persons needing counseling,
supervision, training or shelter, but not including a rehabilitation
residence.
Areas important for the protection of threatened and endangered
species listed in COMAR 08.03.08. Such areas shall be determined in
consultation with the Maryland Department of Natural Resources.
A place or structure used for the purpose of reproduction
from the parent stock and the producing of young from their eggs.
The Health Department of Dorchester County, Maryland.
A structure listed individually on the National Register
of Historic Places, or the Maryland Inventory of Historic Properties,
or a local inventory of historic places certified by the Maryland
Historical Trust or the Secretary of the Interior, or preliminarily
determined as meeting the requirements for such listing by the Maryland
Historical Trust or the Secretary of the Interior, or determined as
contributing to the historic significance of an historic district
registered with Secretary of the Interior.
The accessory use of a residential property for a contracting
business that is operated by a person residing on the same lot. Home-based
contractors may include building maintenance, construction, electrical,
excavation, heating/air conditioning, home improvement, landscaping,
painting, paving, plumbing, school bus driver, septic system, well
drilling or similar businesses.
The accessory use of a residential property for business
purposes that are clearly incidental and secondary to the residential
use.
A broadcast-receiving structure up to 10 feet in diameter
that allows the reception of television-radio signals directly from
a satellite.
A facility providing transient lodging accommodations on
a daily rate to the general public and providing additional services
such as restaurants, meeting rooms and recreational facilities. A
hotel/motel does not include a boarding house, bed-and-breakfast,
inn or recreational trailer park.
A building containing not more than 15 guest rooms offering
transient lodging accommodations on a daily or short-term basis to
the general public and which may include related accessory uses. No
bed-and-breakfast home, boarding or lodging house shall be considered
an inn.
Any land or building used for the storage, keeping, collecting,
salvage, sale, exchange, disassembling, wrecking, baling, recycling
or handling of paper, rags, wood, scrap metals or other scrap or discarded
materials, including automobiles or other vehicles and equipment not
in operable condition, but not including pawn shops and buildings
for the sale, purchase or storage of used furniture and household
equipment, land or buildings used for the sale of used cars or other
machinery in operable condition or the processing of used or salvaged
materials as part of manufacturing operations.
Any land or structures used for the sale, rental,
boarding, breeding or training of dogs or cats for profit. The breeding
of up to two litters in a year, whether for profit or not, shall not
be considered breeding.
Any lot smaller than 20 acres where six or more
dogs, not including dogs under six months of age, are kept for any
purpose.
A room or a portion of a room in a structure, designed and
used for the purpose of preparing meals, and containing the necessary
appliances for cooking and cold food storage, normally in a fixed
position, and equipped with a sink and running water.
A commercial or private facility where nonhazardous land
clearing debris is received for disposal on the site. Acceptable debris
is limited to the following: earthen material such as clays, sands,
gravels and silts; topsoil; tree stumps; root mats; brush and limbs;
logs; vegetation; rock and other materials permitted under state regulations.
Space designed for bulk pickups and deliveries by transport
or delivery vehicles and accessible to such vehicles when off-street
parking spaces are filled.
Products and goods produced within the same state or 400
miles of the location at which the final product is marketed.
[Added 7-15-2014 by Bill
No. 2014-8]
A plot or parcel of land having at least the minimum area required by this chapter for a lot in the district in which such lot is situated and having its principal frontage on a public road or private road. Lots must be approved by the Health Department. See also § 155-51 of this chapter.
A lot located at the intersection of two or more public roads
and/or private roads.
Has the meaning stated in Natural Resources Article § 8-1802(a),
Annotated Code of Maryland.
[Added 5-8-2012 by Bill No. 2012-1]
The side or sides of a lot which abut a public road or private
road.
FRONTThe property line running along the front of the lot, separating it from the public road or private road.
REARThe lot line or lines generally opposite or parallel to the front lot line, except that in a through lot, there is no rear lot line. If the rear lot line is less than 10 feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than 10 feet long, lying wholly within the lot, parallel to the front lot line or, in the case of a curved front lot line, parallel to the chord of the arc of said curved front lot line.
SIDEAny lot line other than a front lot line or a rear lot line.
A lot or parcel, recorded prior to September 15, 1963, either
by deed or by subdivision.
A lot, other than a corner lot, with frontage on more than
one public road and/or private road.
The lowest floor of the lowest enclosed area. An unfinished
enclosure constructed of flood-resistant materials used solely for
parking of vehicles, storage or building access in an area other than
a basement is not the lowest floor as long as it is supplied with
water-equalizing vents.
A dwelling unit fabricated in an off-site facility for installation
or assembly at a building site which bears a label certifying that
it complies with the standards of the Manufactured Housing Construction
and Safety Standards Act of 1974, as promulgated by the Department
of Housing and Urban Development (HUD). A recreational trailer or
recreational vehicle is not considered a manufactured home.
Any lot, parcel or tract of land, together with open spaces
required by this chapter, used, designed, maintained or held out to
accommodate three or more manufactured homes, whether or not a charge
is made for use of the park and/or its facilities. A manufactured
home park does not include sales lots on which unoccupied manufactured
homes are parked for inspection or sale.
A facility for the mooring, berthing, storing or securing
of watercraft, including such service and sales operations as are
directly incidental to the mooring, berthing, storing, securing or
operation of watercraft.
A structure for fishing, crabbing, clamming, oystering and
similar activities, including boat chartering, building and maintenance,
commercial and private wharves and similar facilities.
Any method of treating the external parts of the human body,
for compensation, by touching, rubbing, stroking, kneading, tapping
or vibrating with the hand, arm, foot or with any instrument. Massage
does not include stimulation to the point of sexual arousal or ejaculation;
nor does it include manipulation by a masseuse or masseur of the genitals,
pubic areas or buttocks of the human male or female or the breasts
of the female.
Any establishment having a fixed place of business where
massages are performed, devoting more than 5% of the floor space to
massages and whose gross income from massages in any business location
is more than 10% of the gross income from that location.
A facility where recyclable materials are separated, sorted,
processed and packaged for distribution to other facilities where
the materials will be used as raw materials or will otherwise be returned
to the marketplace.
The average height of the sea for all stages of the tide,
referenced to the National Geodetic Vertical Datum (NGVD) of 1929,
formerly referred to as "Sea Level Datum of 1929."
A dwelling unit fabricated in an off-site facility for installation
or assembly at a building site, which was manufactured prior to the
effective date of the Manufactured Housing Construction and Safety
Standards Act of 1974, as promulgated by the Department of Housing
and Urban Development, and which meets the standards of the Maryland
Department of Economic and Community Development in accordance with
the Industrialized Building and Mobile Homes Act of 1971.
A detached residential dwelling unit, not including a manufactured
home, designed for delivery to a site by transportation on the highway
and permanent location on a permanent foundation.
Areas outside of the municipal boundary as of original adoption
of the municipality's critical area program.
[Added 12-7-2004 by Bill No. 2004-28]
Infill growth allocation allotment allocated to the municipality
by the County Council that is used for projects within the municipal
boundary as of original adoption of its critical area program.
[Added 12-7-2004 by Bill No. 2004-28]
New structures and subsequent improvements which are begun
after the effective date of the Flood Insurance Rate Map, which is
October 15, 1981.
Any activity conducted for personal use or enjoyment without
the intent of realizing a profit or recovering costs through the sale
of goods or services.
A lot legally recorded in the Dorchester County Land Records
that does not comply with the yard or area requirements of this chapter.
A situation involving a nonconforming lot, structure or use.
A structure lawfully existing at the time this chapter or
amendments thereto became effective that does not comply with the
height, area, bulk, yard or setback requirements of this chapter for
the zoning district in which it is located.
A use of building, structure or land lawfully existing at
the time this chapter or amendments thereto became effective and which
does not conform to the use regulations of the district in which it
is located.
Any use or structure not intended or designed as a dwelling
or residency for human occupancy or as an accessory to same.
Any wall, dam, wharf embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, culvert, building,
wire, fence, stockpile, refuse, fill, structure or matter in, along,
across or projecting into any channel, watercourse or regulatory flood
hazard area which may impede, retard or change the direction of the
flow of water, either in itself or by catching or collecting debris
carried by such water or that is placed where the flow of water might
carry the same downstream to the damage of life or property.
A place where business or professional duties are conducted.
Land intended for recreation or conservation of natural resource
purposes and free of residential, business or industrial structures
and uses.
A zoning district established to respond to special features
or conditions of a land area such as physical characteristics, location
or other circumstances. An overlay district supplements or provides
an alternative to the regulations of the underlying zoning district.
A permanently surfaced area of one or more parking spaces,
designed or used for the parking of self-propelled vehicles and available
to the public, whether for a fee or as an accommodation to customers
or clients.
A space adequate for parking an automobile and which is located
in such a way that no parking or maneuvering incidental to parking
shall be on any public street, road, sidewalk or alley and so that
any automobile may be parked or unparked without moving another.
Subject to applicable district and other regulations, such
use or structure may be conducted or erected on any legal lot within
the districts so specified without the prior approval of the County
Commissioners, Planning Commission or Board of Appeals.
A well-planned, larger-scale development which may contain
a variety of residential and nonresidential building types and uses.
The Planning Commission of Dorchester County, Maryland.
The growing and/or selling of trees, shrubs and other plants
and accessory materials and products.
Chicken house, poultry farm or any combination of structures
or areas for the raising, breeding, feeding or processing of 50 or
more chickens, turkeys, pheasants, ducks or similar fowl at any one
time.
A tract of land, including the structures and buildings thereon.
A building or structure in which the principal use of the
lot is conducted.
The primary activity or structure for which a site is used.
A "principal use" may be either a permitted principal use or a special
exception.
Any use or structure not owned and operated by a governmental
or quasi-public organization.
Principal structure(s) or building(s) of 500 square feet
or more used or designated to be used for the display and retail sale
of consumer agricultural products and other authorized goods and value-added
products and the provision of related services and activities directly
to consumers. At least 85% of the annual consumer agricultural products
revenue shall be derived from locally produced consumer agricultural
products.
[Added 7-15-2014 by Bill
No. 2014-8]
A roadside stand or structure of less than 500 square feet,
not including temporary farm wagons, used or designated to be used
for the display or sale of agricultural products.
[Added 7-15-2014 by Bill
No. 2014-8]
Owned and operated by a governmental jurisdiction or agency.
Uses or structures for the public purpose of power transmission
and distribution (but not power generation); fuel transmission and
distribution (but not manufacturing or storage); water treatment and
distribution; sewage collection and treatment; telephone service facilities
(but not utility truck terminal facilities); radio and television
facilities (not including broadcasting studios); and rail or highway
rights-of-way (not including stations or terminals).
Any road, highway or thoroughfare used or available for use
by the general public, whether dedicated or not and whether or not
such way has been accepted for public maintenance. For the purpose
of this chapter, all public and private roads and all navigable waters
of Dorchester County shall be considered "public ways."
Owned and operated by a civic or nonprofit organization for
the use or benefit of the general public.
The changing of the zoning classification which applies to
a particular area of land.
A vehicle built on a chassis, designed to be pulled by another
vehicle and used as a temporary dwelling for travel or recreational
purposes.
A vehicle built on a chassis, designed to be self-propelled
and used as a temporary dwelling for travel or recreational purposes.
A home for court-appointed persons including but not limited
to court-appointed youth.
The complete or partial reconstruction of a structure, using
the same exact location on the site and same exact size of the foundation,
provided that the original structure or its foundation was in existence
within at least one year of the application for the permit to replace.
Any use or structure principally intended or designed for
human occupancy.
A commercial establishment serving food, cooked to order
and served at tables or booths on the premises.
A freestanding store, typically over 70,000 square feet such
as a grocery store, large chain store or single-category store, relying
predominantly on highway traffic for business.
The use of land, buildings, structures and facilities that:
[Added 4-7-2015 by Bill
No. 2015-3]
Is operated by a charitable organization;
Provides opportunities for groups of people to congregate temporarily
on a site for enlightenment, contemplation, counseling, renewal, solitude
or educational, recreational, social, or spiritual purposes;
Provides meals and housing for participants during the period
of the retreat or program only; and
May provide recreational activities, utilizing both indoor and
outdoor facilities, that contribute to the program experience.
COUNTYAny public road not classified as a state road.
INTERNAL ACCESSA road designed to provide access to lots or sites containing more than one use thereby avoiding multiple access drives onto adjacent roadways.
LIMITED ACCESS, MAJOR COLLECTOR, MINOR COLLECTOR AND LOCALThe four road classifications in a system that classifies county roads into one of four roadway classifications based on the function of the road. The road classifications are shown conceptually in the Comprehensive Plan on Figure 5-2, Transportation Improvements and Roadway Classification Plan, and are on a list amended from time to time by the County Commissioners.
PRIVATEA privately owned right-of-way which provides the public a means of access to abutting property. The term shall include "street," "avenue," "drive," "circle," "highway," "lane" or similar term.
PUBLICA publicly owned right-of-way which provides the public a means of access to abutting property. The term shall include "street," "avenue," "drive," "circle," "highway," "lane" or similar term.
STATEAny public road or portion thereof assigned a federal or state route number designation.
The existing or proposed right-of-way line of any road.[4]
A commercial or private facility where nonhazardous rubble
waste material is received for disposal on the site. Acceptable waste
materials are materials acceptable in a land-clearing debris landfill;
demolition debris; construction debris; tires; asbestos waste; household
appliances and white goods; and other material permitted under state
regulations.
The minimum distance that a structure shall be located from property lines or road rights-of-way. See § 155-51 for measurement of setback depths.
The accumulated semiliquid suspension, settled solids or
dried residue of these solids that is deposited from sewage in a wastewater
treatment plant whether or not these solids have undergone treatment.
An activity conducted using a device or structure into which
a crustacean is placed for the purpose of shedding its exoskeleton.
A group of retail stores, service establishments and other
similar uses in one ownership and designed as a unit.
In the case where land abuts tidal waters, the boundary line
between state and private wetlands as defined herein, and in the case
where land abuts regularly flowing nontidal waters, the boundary line
between open water and wetlands or fastlands.
The physical measure along a road that provides unobstructed
vision to or from an intersection between the road and a driveway
or an access road.
Any device designed to inform or attract the attention of
persons.
The area enclosed by the periphery connecting the extreme
points or edges of a sign. The area shall be determined by using the
largest sign area or silhouette visible at any one time from any one
point. This area does not include the main supporting structure, but
does include all other ornamental attachments, inner connecting links,
etc., which are not part of the main supports of the sign. On a two-sided
sign only one face is counted in computing the sign's area, provided
that the faces are located not more than two feet from each other.
A plan that describes and locates existing features and operations
and proposed buildings, structures, paved areas, walkways, grades,
landscaping, screening and operations within a lot proposed for development.
A full site plan shall be prepared and submitted over the certification
of a registered professional engineer, architect, landscape architect
or land surveyor, as appropriate.
A plan that describes and locates the approximate location
of existing features and operations and the approximate location of
buildings, structures, paved areas, walkways, landscaping, screening
and operations within a lot or parcel proposed for development. A
preliminary site plan is not required to be prepared by a professional
engineer, architect, landscape architect or land surveyor.
A wind energy conversion system, less than 100 kW, consisting
of a wind turbine, tower, base and associated control or conversion
electronics.
[Added 8-11-2009 by Bill No. 2009-8]
A structure containing one or more receptive cells or panels
for the purpose of converting solar energy into usable electrical
energy by way of a solar energy system.
[Added 10-18-2011 by Bill No. 2011-7]
Any device or combination of devices or elements which rely
upon direct sunlight as an energy source, including but not limited
to any structure or device which collects sunlight for generating
energy primarily for use off site. Energy generated may be used to
serve on-site power needs.
[Added 10-18-2011 by Bill No. 2011-7]
A combination of structures, machinery or devices used to
reduce or alter the volume, chemical characteristics or physical characteristics
of solid waste. This term includes material recovery facilities, waste
transfer stations and similar uses, but does not include composting
facilities, incinerators, soil remediation facilities or sewage sludge
storage facilities.
A use or structure that would not be appropriate generally
or without restriction throughout a district, but which, if controlled
as to number, area, location or relation to the surrounding land,
could be appropriate within that district. Such uses or structures
may be permitted as "special exception" only if specific provision
for such use or structure is made in the applicable district regulations.
[Amended 9-14-2004 by Bill No. 2004-16]
An area shown on the Flood Insurance Rate Map which is subject
to special (tidal and fluvial) inundation by the one-hundred-year
flood.
Construction shall be considered to have started with the
first placement of permanent construction on the site, such as the
pouring of footings. For a structure without a basement or poured
footings, the start of construction includes the first permanent framing
or assembly of the structure or any part thereof on pilings or foundation
or the affixing of any prefabricated structure on its permanent site.
Slopes of fifteen-percent or greater incline sustained for
eight vertical feet.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a story if it covers more
than 1/3 of the area of the floor next above it or if the vertical
distance between its floor and the floor next above it is 20 feet
or more.
Any change in the structural elements of a building, including
outside walls, columns, porches, etc., that would increase the size
of the structure.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, "structure" includes buildings, manufactured
homes, walls, fences and signs. For the purpose of regulating the
development and placement of structures in the floodplain district
"structure" is a walled and roofed building, including but not limited
to garages, barns and manufactured homes.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
For the enforcement of this chapter, includes any repair,
reconstruction, improvement or successive improvement of a structure,
the cost of which equals or exceeds 50% of the market value (less
land value) of the structure either before the improvement or repair
is started or, if the structure has incurred substantial damage and
been restored, before the damage occurred. Substantial improvement
occurs when the first alteration of any wall, ceiling, floor or other
structural part of the building commences. The minimum repairs needed
to correct previously identified violations of local health, safety
or sanitary codes and alterations to historic structures which do
not preclude their continued designation as historic structures are
not considered "substantial improvements."
Growth allocation granted for a specific project as part
of annexation process.
[Added 12-7-2004 by Bill No. 2004-28]
A structure intended for bathing or swimming purposes, located
either indoors or outdoors, aboveground or in the ground, and provided
with controlled recirculation pumps, the water being drawn from the
pool and clarified by filtration and disinfected.
Any structure completely removed within 365 days from issuance
of the permit, unless granted an extension by the Director of Planning.
When referring to a wind turbine, the distance measured from
ground level to the blade extended at its highest point.
[Added 8-11-2009 by Bill No. 2009-8]
A permitted activity as defined in this chapter.
If not covered by Subsection A above, as identified as a permitted activity in this chapter and defined by general custom in Dorchester County.
If not covered by Subsection B above, an activity which, by general custom in Dorchester County, is separate and may be purposefully conducted independent of other activities.
Any activity or use which provides and offers such services
as water, sewerage, sewage treatment, electricity, gas or telecommunication.
Fixed structures that convey or distribute resources or wastes,
such as electric lines, water conduits and sewer lines.
A modification only of density, bulk or area requirements
in this chapter where such modification will not be contrary to the
public interest and where, owing to conditions peculiar to the property
and not the results of any action taken by the applicant, a literal
enforcement of this chapter would result in unnecessary hardship or
practical difficulty.
The area surrounding the communication tower site from all
directions which sustains visual impact from the communication tower.
[Added 4-16-2002 by Ord. No. 304]
A building where wares or goods are stored before being distributed.
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis.
A facility at which waste is received and processed to produce
compost for off-site use.
A facility which accepts nonhazardous solid waste from loaded
collection trucks and consolidates and transfers it to other vehicles
for transportation to solid waste acceptance facilities.
Any device or system, including a lagoon, designed to render
sewage, animal waste or organic or chemical waterborne wastes from
processing, manufacturing or refining operations fit for disposal,
but excluding septic or other systems serving four or fewer single-family
dwelling units and excluding any sewerage shared facility, as defined
in the Annotated Code of Maryland, Health-Environmental Article, § 9-672.
PRIVATE WETLANDSAll lands not considered state wetlands, bordering on or lying beneath tidal waters, which are subject to regular or periodic tidal action and which support aquatic growth. These include wetlands which have been transferred by the state by a valid grant, lease or patent or a grant confirmed by Article 5 of the Declaration of Rights of the Constitution of Maryland to the extent of the interest so transferred.
STATE WETLANDSAll land under the navigable waters of the state below the mean high tide which is affected by the regular rise and fall of the tide. Such wetlands which have been transferred by the state by a valid grant, lease or patent or a grant confirmed by Article 5 of the Declaration of Rights of the Constitution of Maryland shall be considered private wetlands to the extent of the interest so transferred.
NONTIDAL WETLANDSNontidal wetlands included under state law pursuant to COMAR 08.05.04, or as amended.
The parts of the wind system including the blades, generator
and tail.
[Added 8-11-2009 by Bill No. 2009-8]
FRONTAll that land bounded by the front yard setback line, the front lot line and the side lot lines.
REARAll that land bounded by the rear lot line, the rear setback line and the side lot lines.
SIDEAll that land bounded by the front setback line, the rear setback line, the side lot line and the side setback line.
[1]
Editor's Note: The following terms, formerly defined in this section and relating to the Critical Area, were repealed 5-2-2017 by Bill No. 2017-3 (See now Ch. 68, Chesapeake Bay Critical Area.):
Administrative variance - CA (added 5-8-2012 by Bill No. 2012-1);
Afforestation - CA; Buffer - CA (as amended); Buffer exemption area
(BEA) - CA; Buffer management plan - CA; Critical area - CA; Development
area - CA; Development envelope - CA; Developed woodland - CA; Documented
breeding bird area - CA; Fisheries activities - CA; Fish propagation
waters - CA; Habitat protection area - CA; Intensely developed area
- CA; Limited development area - CA; Natural vegetation - CA; Plant
and wildlife habitat - CA; Port - CA; Public water-oriented recreation
- CA; Reforestation - CA; Resource conservation area - CA; Riparian
habitat - CA;Species of concern - CA; Tidewater buffer - CA (as amended);
Transportation facilities - CA; Unwarranted hardship - CA (added 5-17-2005
by Bill No. 2005-6); Water-dependent facility - CA (as amended); Waterfowl
concentration area - CA; Wetland mitigation plan - CA; Water-use industry
- CA;
[2]
Editor's Note: Said table is included as an attachment to this chapter.
[3]
Editor's Note: The definition of “County
Commissioners,” which immediately followed this definition,
was repealed 9-14-2004 by Bill No. 2004-11. See now the definition
of “County Council.”
[4]
Editor's Note: The former definition of "roadside stand,"
which immediately followed this definition, was repealed 7-15-2014
by Bill No. 2014-8. See now "produce stand."
