The following rules shall apply to
this chapter:
A.Â
The words "shall" and "will" are mandatory.
B.Â
Unless the context otherwise specifies,
words used in the present tense shall include the future; words used
in the singular number include the plural; and words in the plural
number include the singular.
C.Â
The word "building" or "structure" includes
the other and any part thereof.
D.Â
The word "person" includes an individual,
a corporation, a partnership, a limited-liability company, an incorporated
association, or any other similar entity.
E.Â
The phrase "used for" includes "arranged
for," "designed for," "intended for," "maintained for," or "occupied
for."
F.Â
Unless the context clearly indicates the
contrary, where a regulation involves two or more items, conditions,
provisions, or events connected by the conjunction "and," "or," or
"either/or," the conjunction shall be interpreted as follows:
(1)Â
"And" indicates that all the connected
items, conditions, provisions, or events shall apply.
(2)Â
"Or" indicates that the connected items,
conditions, provisions, or events may apply separately or in combination.
(3)Â
"Either/or" indicates that the connected
items, conditions, provisions, or events shall apply separately but
not in combination.
G.Â
The word "includes" shall not limit a term
to the specified examples, but is intended to extend its meaning to
all other instances or circumstances of like kind or character.
H.Â
Words and terms not defined herein shall
be interpreted in accordance with their normal dictionary meaning.
As used in this chapter, the following
terms shall have the meanings indicated:
The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A separate complete housekeeping unit that is clearly subordinate
to the principal single-family unit or a commercial structure, but
can be isolated from it, and which does not exceed 30% of the first
floor square footage of the principal structure.
A structure that is detached from the principal structure,
located on the same lot and clearly incidental and subordinate to
a principal structure, or if there is no principal structure on the
lot, a structure that is customarily incidental and subordinate to
a principal structure.
[Added 3-3-2022 by Ord. No. 728, effective 3-13-2022]
Any structural addition to the manufactured home, which includes
awnings, cabanas, carports, porches, and similar appurtenant structures.
A structure or use that:
Is clearly incidental to and customarily
found in connection with a principal building or use;
Is subordinate to and serves a principal
building or a principal use;
Is subordinate in area, extent, or
purpose to the principal building or principal use served;
Contributes to the comfort, convenience,
or necessity of occupants, business, or industry in the principal
building or principal use served; and
Is located on the same lot as the
principal building or use served.
A commonly referred to measure of area which equals 43,560
square feet.
An amount of land, regardless of area, described by metes
and bounds which is not a numbered lot on any recorded subdivision.
An active adult community is comprised of people 55 years
of age or older, which provide maintenance-free living, close proximity
to desirable attractions, and a range of on-site activities and amenities.
Active adult communities may include single-family homes, condominiums,
townhomes, or multifamily dwellings. Such communities may offer designated
dining areas and clubhouses.
Any business, industry, trade, occupation, vocation, profession,
or other use conducted or carried on either within a building or covered
area, or outdoors on any tract or parcel of land. For zoning purposes,
an activity shall be considered separately from any building or structure
in which such activity may be conducted.
Newly constructed area that increases the size of a structure.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Shall have the meaning set forth in § 30-1 of the Denton Town Code.
An establishment that offers social, recreational and health-related
services to individuals in a protective setting who cannot be left
alone during the day because of health care and social need, confusion
or disability.
Shall have the meaning set forth in § 30-1 of the Denton Town Code.
Any business, operation, or activity,
a significant amount of which consists of:
The conduct, promotion, delivery,
provision, or performance of adult entertainment or material, including,
but not limited to, that occurring in, at, or in connection with a
cabaret, lounge, nightclub, modeling studio, bar restaurant, club
or lodge, or other establishment; or
The sale, provision, rental, or promotion
of adult entertainment or material, in any format, form, or medium,
including, but not limited to, books, magazines, videos, DVDs, CDs,
sexual devices, movies, photographs, and/or coin-operated or pay-per-view
viewing devices, including, but not limited to, the operation of an
adult book or video store or viewing booth.
For the purposes of this definition, the term "significant" shall have the meaning set forth in § 30-1 of the Denton Town Code.
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
that are not presently in forest cover.
A nonpossessory interest in land which restricts the conversion
of use of the land, preventing nonagricultural uses.
All methods of production and management of livestock, crops,
vegetation, orchards, groves, nurseries, and soil. This includes,
but is not limited to, the related activities of tillage, fertilization,
pest control, harvesting, and marketing. It also includes, but is
not limited to, the activities of keeping or raising for sale of large
or small animals, reptiles, fish, or birds, and feeding, housing,
and maintaining of animals such as cattle, dairy cows, sheep, goats,
hogs, horses, and poultry and handling their by-products.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A public or private right-of-way primarily designated to
serve as secondary access to the side or rear of those properties
whose principal frontage is on some other public way.
Any change in the total floor area, use adaptability or external
appearance of an existing structure.
Any repeal, modification or addition to a regulation; any
new regulation; any change in the number, shape, boundary or area
of a zone; or any repeal or abolition of any map, part thereof or
addition thereto.
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
Those streams that are tributary to the Chesapeake Bay and
Atlantic Coastal bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Equipment designed to transmit or receive electronic signals.
A part of a building, containing cooking facilities, consisting
of a room or group of rooms intended, designed, and used as a residence
by an individual or a single family.
A building arranged for or containing apartments and individual
guest rooms, with or without housekeeping facilities, and which furnishes
services ordinarily provided by hotels, such as maid, bellboy, desk,
and laundry service, and may include a dining room with internal entrance
and primarily for use of tenants of the building, but shall not include
public banquet halls, ballrooms, or meeting rooms.
Same as "dwelling, multifamily."
The farming or culturing of finfish, shellfish, other aquatic
plants or animals, or both, in lakes, streams, inlets, estuaries,
and other natural or artificial water bodies or impoundments. Activities
include the hatching, cultivating, planting, feeding, raising, and
harvesting of aquatic plants and animals and the maintenance and construction
of necessary equipment, buildings, and growing areas. Cultivation
methods include, but are not limited to, seed or larvae development
and grow-out facilities, fish pens, shellfish rafts, racks and longlines,
seaweed floats and the culture of clams and oysters on tidelands and
subtidal areas. For the purpose of this definition, related activities
such as wholesale and retail sales, processing and product storage
facilities are not considered aquacultural practices.
An expert in the cultivation and care of trees hired by the
Town of Denton.
All the area within a development plan or plat, including
area intended for residential use, local access streets or alleys,
off-street parking spaces, open spaces, recreation areas, or floodplains.
Remaining area, after deducting from gross area any area
associated with a one-hundred-year nontidal floodplain, steep slopes,
certain forest stands, FIDs habitat, tidal and nontidal wetlands,
stream buffers, threatened or endangered species habitat, hydric soils
where septic systems are necessary, Critical Area buffer or any other
environmental constraint, important historic or archaeological site
or structure, preexisting or required easement of any kind, or any
public access as identified in the Comprehensive Plan transportation
chapter.
A residential or facility-based provider that provides housing
and supportive services, supervision, personalized assistance, health-related
services, or a combination of these services to meet the needs of
residents who are unable to perform, or who need assistance in performing,
the activities of daily living or instrumental activities of daily
living in a way that promotes optimum dignity and independence for
the residents [COMAR 10.07.14.02B(11)].
An establishment where goods are received for public sale
to the highest bidder.
Unmanaged land having little or no vegetation.
The flood having a one-percent chance of being equaled or
exceeded in any given year. Also known as the "one-hundred-year flood."
That portion of a building between the floor and ceiling
which is wholly or partly below grade and having more than 1/2 of
its height below grade.
A private owner-occupied home in which bedrooms are rented
to tourists or travelers and in which breakfast is provided and included
in the room rate.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxic substances, and sediment.
Agricultural BMPs include, but are not limited to, strip cropping,
terracing, contour stripping, grass waterways, animal waste structures,
ponds, minimal tillage, grass and naturally vegetated filter strips,
and proper nutrient application measures.
Large, freestanding, rectangular, generally single-floor,
flat-roof structure built on a concrete slab with floor space several
times greater than traditional retailers (generally more than 50,000
square feet and sometimes approaching 200,000 square feet) and providing
a large amount of merchandise. Examples include Walmart, Target, Best
Buy, or Barnes & Noble.
Any area that endangers the public health, safety or welfare,
or an area that is detrimental to the public health, safety, or welfare,
because commercial, industrial, or residential structures or improvements
are dilapidated, deteriorated, or because such structures or improvements
violate the minimum health and safety standards as determined by the
Director of Planning and Codes, Building Official, or designee.
Any individual commercial, industrial, or residential structure,
improvement, or lot that is an endangerment to the public health,
safety, or welfare because the structure, improvement, or lot is dilapidated,
deteriorated, or violates the minimum health and safety standards.
The Board of Appeals of the Town of Denton which is authorized
to grant special exceptions and variances, and to hear appeals from
administrative decisions as provided in this chapter.
A building other than a hotel or apartment hotel where, for
compensation and by prearrangement for definite periods, meals or
lodging are provided for three or more persons but not exceeding 20
persons.
A school at which meals and overnight lodging are provided
on site.
A transfer to a member of the owner's immediate family of
a portion of the owner's property for the purpose of establishing
a residence for that family member.
A structure extensively open, except for a roof and supporting
columns, which connects a residence and an accessory building on the
same lot.
A restaurant and/or bar that possesses a State of Maryland
Class 6 pub-brewery license or a Class 7 microbrewery license.
[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013; amended 3-3-2022 by Ord. No. 728, effective 3-13-2022[1]]
An area that based on conditions
present at the time of development, is immediately landward from mean
high water of tidal waters, the edge of each bank of a tributary stream,
or the landward boundary of a tidal wetland; and
Exists or may be established in natural
vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial
environment from human disturbance.
Buffer includes an area of:
An area officially mapped by the Town and approved by the
Critical Area Commission as a BMA, where it has been sufficiently
demonstrated that the existing pattern of residential, industrial,
commercial, institutional, or recreational development prevents the
buffer from fulfilling its water quality and habitat functions, and
where development in accordance with specific BMA provisions can be
permitted in the buffer without a variance.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A plan, designed and intended to describe methods and means
used to protect and enhance the buffer to provide multiple benefits,
that is necessary when a development activity will affect a portion
of the buffer, alter buffer vegetation, or require the establishment
of a portion of the buffer in vegetation. Includes a major buffer
management plan, a minor buffer management plan, and a simplified
buffer management plan.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
An area within a Buffer Management Area that is at least
25 feet wide, located between a development activity and tidal waters,
tidal wetlands, or a tributary stream, that is planted with vegetation
consisting of native canopy trees, understory trees, shrubs, and perennial
herbaceous plants in order to provide water quality and habitat benefits.
This area is to be managed and maintained in a manner that optimizes
these benefits.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The width of that part of a lot not included within the side
setbacks herein required.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or property of any kind.
A building surrounded by unimproved space on the same lot.
The area formed by the front, side, and rear building restriction
or setback lines of a lot within which the principal buildings must
be located.
The vertical distance from the highest point of a structure,
excepting chimney, antenna, or satellite dish on a building, to the
average ground level of the grade where the walls or other structural
elements intersect the ground.
The governmental official of the Town of Denton charged with
administering the Town's Building Code and issuing building permits,
or his or her designee.
A line, beyond which the foundation wall and/or any porch,
vestibule, or other portion of a building shall not project, unless
otherwise provided for in this chapter.
Any building which is not an accessory building.
A formal approval of building plans issued by the Building
Official as meeting the applicable zoning and code requirements and
authorizing construction or reconfiguration of a specific structure
on a site in accordance with the approved drawings and specifications.
The primary building on a lot or a building that houses a
principal use.
The diameter of a tree measured at two inches above the root
collar.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A roof-like structure of a permanent nature which may be
freestanding or projected from a wall of a building or its supports.
A tree that, when mature, commonly reaches a height of at
least 35 feet.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Whenever this chapter requires that some agency certify the
existence of some fact or circumstance to the Town, the Town may require
that such certification be made in any manner that provides reasonable
assurance of the accuracy of the certification. By way of illustration,
and without limiting the foregoing, the Town may accept certification
by telephone from some agency when the circumstances warrant it, or
the Town may require that the certification be in the form of a letter
or other document.
An institutional facility housing more than nine orphaned,
abandoned, dependent, abused, or neglected children.
An agency, institution, or establishment that provides nonparental
care for children for part of a twenty-four-hour day, not in the child's
own home, in a group setting such as a child-care center, preschool,
child development center, nursery school, before-school and after-school
program, school-age child-care, or early learning center, by whatever
name known, under private, nonprofit, proprietary, public, or religious
auspices except as otherwise provided for in law or regulation, and
is regulated by the requirements of Title 13A Maryland State Department
of Education Child Care Centers under the Code of Maryland Regulations
(COMAR).
[Amended 4-2-2015 by Ord. No. 667]
A residence other than the child's home used by the owner
or tenant to provide paid care, on a regular basis, for one or more
children who are not related to the owner or tenant, on a regular
basis and which is regulated by the requirements of Title 13A Maryland
State Department of Education under the Code of Maryland Regulations
(COMAR).
[Amended 4-2-2015 by Ord. No. 667]
That portion of the vehicle accommodation area used for access
to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles)
comprise the circulation area.
The removal of the entire stand of trees in one cutting with
tree reproduction obtained by natural seeding from adjacent stands
or from trees that were cut from advanced regeneration or stump sprouts,
or from planting of seeds or seedlings by man.
An office building or a group of offices for one or more
physicians, surgeons, dentists, or other health or dental care practitioners
engaged in the treatment of physically ill or injured patients, patients
in need of routine dental or orthodontic care, or patients in need
of outpatient mental health care, but not including rooms for overnight
patients.
[Amended 5-4-2015 by Ord. No. 669]
An office building or a group of offices for one or more
physicians, psychologists, social workers, or substance abuse counselors
engaged in the treatment of chronic substance abuse that may include
the dispensing of prescribed substitutes for illegal controlled dangerous
substances.
[Added 5-4-2015 by Ord. No. 669]
Buildings and facilities owned or operated by a corporation,
limited-liability company, association, person, or persons for social,
educational, or recreational purposes, but not primarily for profit
which accrues to any individual and not primarily to render a service
which is customarily carried on by a business.
A residential development in which dwelling units are concentrated
in a selected area or selected areas of the development tract so as
to provide more natural habitat or other open space uses on the remainder.
A facility in which unprocessed, green coffee may be sorted,
roasted and processed, or packaged for use and consumption.
[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
Herons, egrets, terns, and glossy ibis. For the purposes
of nesting, these birds congregate (that is "colonize") in relatively
few areas, at which time the regional populations of these species
are highly susceptible to local disturbances.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A use consisting of a combination on one lot of two or more principal uses separately listed in the Official Table of Use Regulations, Article X, § 128-60. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)
A type of activity where goods or services are sold or traded
with the expectation of profit or gain.
A group of retail and other commercial establishments that
are planned, developed, owned, and managed as a single property. The
two main configurations are malls and open-air strip centers.
[Added 10-4-2012 by Ord. No. 649, effective 10-14-2012]
The Planning Commission of the Town of Denton.
Any open space, private road or other land, structure or
improvement which is designed or reserved for the common use or benefit
of the owners of two or more lots. "Common area" does not include
any public road or other land, structure or improvement owned by the
Town or the State of Maryland or any other governmental agency.
A parcel or parcels of land, an area of water, or a combination
of land and water, including floodplain and wetland areas, within
a development site, designed and intended for the use and enjoyment
of residents of the development and, where designated, the community
at large. The area of parking facilities serving the activities in
the common open space may be included in the required area computations.
Common open space shall not include:
The land area of lots allocated for
single-family detached dwellings, single-family semidetached dwellings,
and duplex dwellings, including front yards, side yards, and rear
yards, whether or not the dwellings are sold or rented.
The land area of lots allocated for
apartment and townhouse dwelling construction, including front yards,
side yards, rear yards, interior yards, and off-street parking facilities,
whether or not the dwellings are sold or rented.
The land area of lots allocated for
total commercial use, including front yards, side yards, rear yards,
and parking facilities, whether or not the commercial facilities are
sold or rented.
The land area of lots allocated for
public and semipublic uses, community clubs and community facilities,
including open space for playgrounds and athletic fields which are
a part of the principal use (e.g., a school or church site); and front
yards, side yards, rear yards, and other open space around the buildings;
and parking facilities, whether or not the public or semipublic use
sites are sold or rented.
Street rights-of-way, parkways, driveways,
off-street parking, and service areas, except the landscaped central
median of boulevards.
Rights-of-way easement areas, such
as electric transmission lines, whether above or below ground, or
propane or natural gas lines.
Stormwater management facilities.
Boat-docking facilities associated with subdivisions and
other similar residential areas, condominiums, and apartments. Private
piers are excluded from this definition.
A compilation of policy statements, goals, standards, maps
and pertinent data relative to the past, present and future trends
of the local jurisdiction, including, but not limited to, its population,
housing, economics, social patterns, land uses, water resources and
their use, transportation facilities and public facilities, prepared
by or for the planning board, agency or office adopted by the Planning
Commission and Town Council.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A form of ownership consisting of an undivided interest in
common with other owners in a portion of a parcel of real property,
together with separate interest in space in a building, such as a
townhouse, apartment, or office, established pursuant to Maryland
law. A condominium may include, in addition, a separate interest in
other portions of such real property.
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.
A combination of any legal parcels of land or recorded, legally
buildable lots into fewer parcels or lots.
Any institution, however named, whether conducted for charity
or for profit, which is advertised, announced, or maintained for the
express or implied purpose of caring for two or more nonrelated persons
admitted thereto for the purpose of nursing care given because of
prolonged illness or defect or during the recovery from injury or
disease, and includes any and all of the procedures commonly employed
in waiting on the sick, such as administration of medicine, preparation
of special diets, giving of bedside care, application of dressing
and bandages, and the carrying out of treatments prescribed by a duly
licensed practitioner of medicine.
An area of services offered to persons living within a particular
development, e.g., a coin-operated laundry, to be confined inside
of a building within a particular development, limited to an area
not to exceed 1% of the total gross floor space within said building,
and for the sole use of the particular development.
A one-story retail store containing less than 2,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages, and other household supplies to customers who purchase
only a relatively few items (in contrast to a "supermarket"). It is
designed to attract and depends upon a large volume of stop-and-go
traffic. Illustrative examples of convenience stores are those operated
by the Fast Fare, 7-11 and Pantry chains.
A small house where female chickens are kept safe and secure
with perches and nesting boxes.
[Added 5-2-2019 by Ord. No. 698]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A written undertaking by an owner which is required by this
chapter or imposed by the Planning Commission in accordance with authorization
contained in this chapter.
A person who owns legal or equitable title to any land which
is affected in any manner by a covenant and includes a person who
holds any mortgage, deed of trust or other lien or encumbrance on
any such land.
The percentage of the lot covered by buildings and structures.
The establishment of a vegetative cover to protect soils
from erosion and to restrict pollutants and sediments from entering
the waterways. Cover crops can be dense, planted crops of grasses
or legumes, or crop residues such as corn, wheat, or soybean stubble
which maximize infiltration and prevent runoff from reaching erosive
velocities.
All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
They include:
All waters of and lands under the
Chesapeake Bay and Atlantic Coastal Bays and their tributaries to
the head of tide as indicated on state wetland maps;
All state and private wetlands designated
under Title 16 of the Environment Article, Annotated Code of Maryland;
All land and water areas within 1,000
feet beyond the landward boundaries of state or private wetlands and
the heads of tides designated under Title 16 of the Environment Article,
Annotated Code of Maryland; and
Modification to these areas through
inclusions or exclusions proposed by local jurisdictions and approved
by the Commission as specified in § 8-1807 of the Natural
Resources Article, Annotated Code of Maryland.
Official maps delineating Critical
Areas within the Town of Denton are available for inspection at the
Denton Town office.
Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays, the body created as per § 8-1803 of the Annotated
Code of Maryland[2] and appointed by the governor whose responsibility includes
adoption of regulations and criteria for implementation of the State
of Maryland's Critical Area policies.
The transfer of property from private to public ownership
as may be required to provide for the public health, safety, or welfare.
A private legal restriction and/or covenant on the use of
land, contained within a deed of property or otherwise formally recorded
in the Land Records of Caroline County, Maryland. These restrictions
or covenants are designed to control the use of specific property,
and enforcement of these is through private civil action. Deed restrictions
are not enforced by the Town of Denton, unless it is the Town of Denton,
Maryland, that records said deed restrictions.
The number of principal dwelling units allowed per acre of
net area of a development.
Department of Planning and Codes Administration
Any residential, commercial or industrial structure which
is no longer being used for a place of habitation, business, or industry
and which is in such poor condition as to cause blight upon the neighborhood
in which any such structure is located.
Areas one acre or more in size that predominantly contain
trees and natural vegetation and that also include residential, commercial,
or industrial structures and uses.
A person who undertakes development activity as defined in
the Critical Area Program; or a person who undertakes development
activity that requires a zoning permit, conditional use permit, sign
permit, site plan, or subdivision approval.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Developed portion of a parcel or tract of land that encompasses
all lots, structures, required buffers exclusive of the tidewater
buffer if it is at least 300 feet deep, impervious surfaces, utilities,
stormwater management measures, on-site sewage disposal measures,
any areas subject to human use as active recreation areas, and any
additional acreage needed to meet the development requirements of
the Denton Critical Area Program.
Any construction, modification, extension or expansion of
buildings or structures; placement of fill or dumping; storage of
materials; land excavation; land clearing; land improvement; or any
combination thereof, including the subdivision of land or action that
results in construction, modification, extension or expansion of buildings
or structures; placement of fill or dumping; storage of materials;
land excavation; land clearing; land improvement; or any combination
thereof, including the subdivision of land. Excavation or clearing
in buffers is not permissible, even if a grading permit is not required.
A nonconforming situation that occurs when the height, size,
or minimum floor space of a structure or the relationship between
an existing building or buildings and other buildings or lot lines
does not conform to the regulations applicable to the district in
which the property is located.
The Director of Planning and Codes Administration, who is
also the zoning administrative officer, or an authorized representative
designated by the Town Council to carry out duties as specified in
this chapter.
A residence within a single dwelling unit for at least six
but not more than nine persons who are physically or mentally disabled,
together with not more than two persons providing care or assistance
to such persons, all living together as a single housekeeping unit.
Persons residing in such homes, including the aged and disabled, principally
need residential care rather than medical treatment.
People possessing physical or mental impairments which are
expected to be of long-continued and indefinite duration, substantially
impede the ability to live independently, and are of such a nature
that the ability to live independently could be improved by more suitable
housing conditions.
Any section of the Town of Denton within which the zoning
regulations are uniform.
An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. "Disturbance" does
not include gardening or maintaining an existing grass lawn.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Forested areas where the occurrence of interior dwelling
birds, during the breeding season, has been demonstrated as a result
of on-site surveys using standard biological survey techniques.
A place of business being operated for the retail sale of
food and other goods, services, or entertainment. It is designed to
allow its patrons to be served or accommodated while remaining in
their automobiles or allows the consumption of any food or beverage
obtained from a carry-out window in automobiles or elsewhere on the
premises.
That portion of the vehicle accommodation area that consists
of a travel lane bounded on either side by an area that is not part
of the vehicle accommodation area.
A two-family residential use in which the dwelling units
share a common wall (including, without limitation, the wall of an
attached garage or porch) and in which each dwelling unit has living
space on the ground floor and a separate ground floor entrance.[3]
A dwelling or dwelling unit which is joined to another dwelling
or dwelling unit at one or more sides by a party wall or walls.
A structure containing three or more dwelling units on a
single parcel or on contiguous parcels under the same ownership.
A building designed for or occupied exclusively by one family.
A building containing two dwelling units. Examples are a
detached dwelling containing two dwelling units or a duplex.
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 may include an in-law or accessory
apartment.
[Amended 3-3-2022 by Ord. No. 728, effective 3-13-2022]
A parabolic dish antenna or other device or equipment of
whatever nature or kind, including its structural supports, the primary
use of which is to send and/or receive television, radio, microwave,
or other electronic signals from space satellites.
A more or less self-contained biological community, together
with the physical environment in which the community's organisms occur.
People who are 66 years of age or over or families where
either the husband or wife is 66 years of age or older.
Fire, rescue, ambulance, police or CERT (Community Emergency
Response Team) services, including related structures and activities.
An area inside a fence where chickens are kept and allowed
to walk around, including stationary or moveable enclosures known
as "chicken tractors."
[Added 5-2-2019 by Ord. No. 698]
Any species of fish, wildlife, or plants which 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 are
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.
An expert in civil engineering hired by the Town of Denton.
A comprehensive report that describes the natural features
and characteristics of a proposed development site, the changes that
will occur as the result of proposed development activities on the
site, the anticipated environmental impacts and consequences of the
proposed development, and mitigation measures to be taken to minimize
undesirable impacts to the environment.
Features, natural resources, or land characteristics that
are susceptible to improvements and may require protections, preservation
and conservation measures or the application of creative development
techniques to prevent degradation of the environment, or may require
limited development, or in certain instances may preclude development.
Any structural or nonstructural practice or measure that
protects soil particles from detaching by rain or wind and trapping
any soil particles after having been detached and moved by rain or
wind.
Facilities such as wires, lines, cables or pipes, located
in public ways or in easements, provided for the purpose of 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, telecommunications or similar
services to adjacent customers. They do not include any cross-county
electric transmission lines, including microwave, or any aboveground
pipeline.
The planting or regeneration of native vegetation throughout
the buffer.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
All increases in stormwater resulting from:
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
An increase in the imperviousness
or lot coverage of the site, including all additions, to buildings,
roads, and parking lots;
Changes in permeability caused by
compaction during construction or modifications in contours, including
the filling or drainage of small depression areas;
Alteration of drainageways, or regrading
of slopes;
Destruction of forest; or
Installation of collection systems
to intercept street flows or to replace swales or other drainageways.
An individual; two or more persons related by blood, marriage,
civil union, or adoption living together in a dwelling unit, and (unless
the dwelling contains an accessory dwelling unit) may also include
not more than two unrelated persons; or a group of not more than four
persons who need not be related by blood, marriage, or adoption living
together in a dwelling unit. A family may include five or fewer foster
children placed in a family foster home licensed by the state.
A parcel of land not less than 20 acres in size used for
agriculture as defined in this subsection.
For the purpose of this chapter, shall include, but not be
limited to: cows, horses, mules, donkeys, goats, sheep, hogs, llamas,
chickens, turkeys, ducks, geese and pigeons, or similar fowl or hooved
animals.
[Added 5-2-2019 by Ord. No. 698]
An outdoor commercial establishment sponsored, organized,
and/or operated under the auspices of a unit of government wherein
agricultural products are sold by one or more operators.
Any tract of land or structure, pen or corral wherein cattle,
sheep, goats and swine are maintained in close quarters for the purpose
of fattening such livestock for final shipment to market.
A barrier, other than natural vegetation, intended to mark
a boundary or to enclose an area to provide screening or privacy.
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.
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town of
Denton.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Commercial water-dependent fisheries facilities, including
structures for the packing, processing, canning, or freezing of finfish,
crustaceans, mollusks, amphibians and reptiles, and also including
related activities such as wholesale and retail sales, product storage
facilities, crab shedding, off-loading docks, shellfish culture operations,
and shore-based facilities necessary for aquaculture operations.
A parcel or building where commercial water-dependent fishery
facilities are located, including structures for the packing, processing,
canning, or freezing of finfish, crustaceans, mollusks, amphibians
and reptiles, including related activities such as wholesale and retail
sales, product storage facilities, crab shedding, off-loading docks,
shellfish culture operations, and shore-based facilities necessary
for aquaculture operations.
Any cloth, bunting or similar material containing distinctive
colors, patterns or symbols, used as a symbol of patriotism, national,
state or local government, or a religious group.
[Added 6-6-2011 by Ord. No. 631, effective 6-16-2011]
Any land area susceptible to being inundated by water from
any source.
[Amended 8-2-2012 by Ord. No. 644, effective 8-9-2012]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height.
[Amended 8-2-2012 by Ord. No. 644, effective 8-9-2012]
For commercial business and industrial
buildings or buildings containing mixed uses: the sum of the gross
horizontal area of the several floors of a building measured from
the exterior faces of the exterior walls or from the center line of
walls separating two buildings, but not including attic space providing
headroom of less than seven feet; basement space not used for retailing;
uncovered steps or fire escapes; accessory water towers or cooling
towers; accessory off-street parking spaces; and accessory off-street
loading berths.
For residential buildings: the sum
of the gross horizontal areas, with a clear height of more than six
feet, of all floors of a dwelling, exclusive of garages, basements,
and open porches, measured from the exterior faces of the exterior
walls.
For purposes of the Critical Area, the biological community
dominated by trees and other woody plants covering a land area of
one acre or more. This also includes forests that have been cut but
not cleared. For purposes of the forest conservation provisions of
this chapter, a forest is defined as:
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
The protection, manipulation, and utilization of the forest
to provide multiple benefits, such as timber harvesting, wildlife
habitat, etc.
The alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational,
or water quality values.
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
The buffer contains as much diverse, native vegetation as
necessary to support a firm and stable riparian habitat capable of
self-sustaining growth and regeneration.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A public sale conducted by an individual on his or her own
premises for the purpose of selling his or her own personal property.
A garage used primarily for motor-driven vehicle storage
purposes only and having a capacity of not more than four vehicles.
A building, or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, or storing motor-driven vehicles.
A building, or portion thereof, designed or used exclusively
for storage of motor-driven vehicles and where motor-driven vehicles
are not equipped, hired, or sold.
Multifamily housing units that may share a common outside
access. Ownership is not a factor in this type of unit, which may
be either rental or condominium.
Buildings and premises where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail and where, in addition, minor repair work may be performed,
such as ignition service, tire repair or replacement, repair and replacement
of minor parts, such as pumps and filters, brake service, and the
like. "Gas sales" does not include a repair or body shop, but shall
include self-service filling stations and any convenience store accessory
to or associated with such gas sales.
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 club house, caretakers' dwellings,
dining and refreshment facilities, and other such uses, provided that
the operation of such facilities is incidental and subordinate to
the operation of a golf course.
For buildings having a wall or walls
adjoining one street only, the elevation of the sidewalk at the center
of the wall adjoining the street.
For buildings having a wall or walls
adjoining more than one street, the average elevation of the sidewalk
at the centers of all walls adjoining the streets.
For buildings having no wall adjoining
the street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building.
Any wall parallel to or within 10°
of being parallel to, and not more than 15 feet from, a street line
is to be considered as adjoining the street. Sidewalk grades shall
be established by the Town Engineer.
Describes the status accorded certain properties and development
uses that are of record prior to the date of adoption of this chapter
or must comply with provisions of this chapter.
A parcel of land that was created or a lot created through
the subdivision process and recorded as a legally buildable lot prior
to December 1, 1985.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A grand opening or grand reopening is defined as the period
when a business first opens or undergoes major remodeling or new ownership.
A grand opening or reopening shall not last more than 14 days.
Store established primarily for the sale of food items; could
also stock personal care and household cleaning products (smaller
in size than a supermarket).
A residence within a single dwelling unit for at least four
but not more than eight people who are physically or mentally disabled,
together with not more than two persons providing care or assistance
to such persons, all living together as a single housekeeping unit.
Persons residing in such homes, including the aged and disabled, principally
need residential care rather than medical treatment.
A home for not more than eight people who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial
or criminal conduct, together with not more than two people providing
supervision and other services to such persons, all of whom live together
as a single housekeeping unit.
A residence used to provide assisted community living for
persons (including battered or abused individuals with children) with
mental, emotional, familial or social difficulties in a homelike environment.
A large private group home admits at least nine but not more than
16 individuals total; a small private group home admits at least four
but not more than eight individuals total.
The number of acres of land in the Critical Area that the
Town of Denton may use, or the county may allocate to municipal jurisdictions
to use, to create new Intensely Developed Areas and new Limited Development
Areas. The growth allocation acreage is 5% of the total Resource Conservation
Area acreage in Denton at the time the Critical Area Commission approved
Denton's original Critical Area Program, not including tidal wetlands,
plus additional acres included from the county's calculated amount
(5%) of Resource Conservation Area that existed when the Critical
Area Commission approved Caroline County's original Critical Area
Program (that the Town may request and the County may allocate).
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities or separate utility meters, and not rented or otherwise
used as a separate dwelling.
The buffer, nontidal wetlands, threatened and endangered
species, plant and wildlife habitats, anadromous fish propagation
waters and species in need of conservation that are designated for
protection by the Secretary of Natural Resources or under Natural
Resources Article, § 8-1806, Annotated Code of Maryland,
or by regulations adopted under that authority.
A plan that provides for the protection and conservation
of the species and habitats identified as Habitat Protection Areas
in the Critical Area. The plan shall be specific to the site or area
where the species or its habitat is located and shall address all
aspects of a proposed development activity that may affect the continued
presence of the species. These include, but are not limited to, cutting,
clearing, alterations of natural hydrology, and increases in lot coverage.
In developing the plan, an applicant shall coordinate with the Department
of Natural Resources to ensure that the plan is adequate to provide
for long-term conservation and can be effectively implemented on the
specific site.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A tree with a structural defect, such as a crack, canker,
weak branch union, decay, dead wood, root damage, or root disease,
that decreases the structural integrity of the tree and which, because
of its location, is likely to fall and cause personal injury or property
damage, including acceleration of soil erosion; or based on its location
in the landscape, a healthy tree that, with continued normal growth,
will damage an existing permanent structure or significantly increase
the likelihood of soil erosion. "Hazardous tree" does not include
a tree for which the likelihood of personal injury, property damage,
or soil erosion can reasonably be eliminated or significantly diminished
with routine and proper arboricultural practices, such as regular
watering, application of fertilizer or mulch, and pruning; or by relocation
of property that is likely to be damaged.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The vertical distance from the average finished grade to
the highest point of the coping of a flat roof; the deckline of a
mansard roof; to the mean height level between eaves and ridge for
gable, hip, and gambrel roofs.
Soils with a slope greater than 15% or soils with a K value
greater than 0.35 and slopes greater than 5%. "K value" means the
soil erodibility factor in the Universal Soil Loss Equation. It is
a quantitative value that is experimentally determined.
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in the sense that their location is common knowledge
and because these areas have been used regularly during recent times.
A home occupation is an activity carried out for financial
gain by the occupant in a residential dwelling and is subordinate
to the residential use of the property.
A building or group of buildings, having room facilities
for one or more overnight patients, used for providing services for
the inpatient medical or surgical care of sick or injured humans,
and which may include related facilities such as laboratories, outpatient
department, training facilities, central service facilities, and staff
offices; provided, however, that such related facility must be incidental
and subordinate to the main use and must be an integral part of the
hospital operation.
A building in which lodging or boarding and lodging are provided
for more than 20 persons, primarily transient, and offered to the
public for compensation and in which ingress and egress to and from
all rooms is made through an inside lobby or office supervised by
a person in charge at all hours. As such, it is open to the public
as opposed to a boardinghouse, a lodging house, or an apartment house
which are herein separately defined. A hotel may include restaurants,
taverns, club rooms, banquet halls, ballrooms, and meeting rooms.
Soils that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition
or growth, or both, of plants on those soils.
Those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as
growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content (plants typically
found in water habitats).
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The science of growing plants in solution or moist inert
material containing the necessary minerals instead of soil frequently
within a controlled environment.
Direct artificial lighting or indirect artificial lighting
designed to reflect light from light sources erected for the purposes
of providing light to the sign or other structure.
Spouse or civil union partner, father, mother, son, daughter,
grandfather, grandmother, grandson, or granddaughter.
Any constructed surface that prevents or retards the penetration
of water into the soil.
A group of industrial or similar establishments that are
planned, developed, owned, and managed as a single property.
[Added 10-4-2012 by Ord. No. 649, effective 10-14-2012]
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed, and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design and orientation, and open
spaces and screening.
The development of vacant, abandoned, passed over, or underutilized
land areas of Denton that are already largely developed.
[Added 5-4-2023 by Ord. No. 742, effective 5-14-2023]
The replacement of a structure with another structure that
is smaller than or identical to the original structure in footprint
area, width, length, and use.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Areas of at least 20 adjacent acres or the entire upland
portion of the Critical Area within the boundary of a municipality,
whichever is less, where residential, commercial, institutional, and/or
industrial developed land uses predominate, and where relatively little
natural habitat occurs. These areas shall have had at least one of
the following features as of December 1, 1985:
Housing density equal to or greater
than four dwelling units per acre;
Industrial, institutional, or commercial
uses are concentrated in the area; or
Public sewer and water collection
and distribution systems are currently serving the area, and housing
density is greater than three dwelling units per acre.
A facility maintained for the purpose of providing accommodations
for not more than seven occupants needing medical care and supervision
at a lower level than that provided in a nursing care institution
but at a higher level than that provided in institutions for the disabled
or infirm.
An institutional facility maintained for the purpose of providing
accommodations for more than seven persons needing medical care and
supervision at a lower level than that provided in a nursing care
institution but at a higher level than that provided in institutions
for the disabled or infirm.
A 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 and shall be
identified in the field and accurately drawn on all development plans.
A species that is non-native or alien to the ecosystem under
consideration, whose introduction causes or is likely to cause economic
or environmental harm or harm to human health.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
A commercial operation that provides food, shelter and care
of animals for purposes not primarily related to medical care (A kennel
may or may not be run by or associated with a veterinarian.), or engages
in the breeding of animals for sale, or any place where more than
two adult animals (over six months) are kept for a boarding or other
fee, or any place where more than five adult animals are kept for
any purpose.
The soils erodibility factor in the Universal Soil Loss Equation.
It is a quantitative value that is experimentally determined.
The raising of fish or shellfish in any natural or man-made,
enclosed or impounded, water body.
Any activity that removes the vegetative ground cover.
The limit of a site feature that is furthest away from a
tidal water, tidal wetland, or a tributary stream.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A shrub that, when mature, reaches a height of at least six
feet.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
All physical improvements to a property that existed before
Critical Area Commission approval of a local program, or were properly
permitted in accordance with the provisions of the local program in
effect at the time of construction.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Areas which are currently developed in low- or moderate-intensity
uses which contain areas of natural plant and animal habitats, and
in which the quality of runoff has not been substantially altered
or impaired. These areas shall have had at least one of the following
features as of December 1, 1985:
Housing density ranging from one
dwelling unit per five acres up to four dwelling units per acre;
Areas not dominated by agriculture,
wetland, forest, barren land, surface water, or open space;
Areas having public sewer or public
water, or both;
Areas meeting the definition of "intensely
developed areas" above, less than 20 acres in size.
The area of a development or redevelopment activity that
includes temporary disturbance and permanent disturbance.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A business that sells alcoholic beverages for consumption
off-premises. For the purposes of this chapter, the term "liquor store"
does not include grocery stores, supermarkets, or convenience stores
in which beer and/or wine is offered for sale as a minor part of an
overall larger inventory of goods. It shall also not include a restaurant
that is otherwise operating in accordance with its approved liquor
license and all other provisions of this chapter.
Any booth, cubicle, stall or room of less than 600 square
feet of floor space or area to which patrons may gain admittance,
wherein the following are regularly featured:
A suite of stabilization and erosion control measures that
preserve the natural shoreline and are designed to minimize shoreline
erosion, maintain coastal process, and provide aquatic habitat. Measures
must include marsh plantings and may include the use of sills, sand
containment structures, breakwaters, or other natural components.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of 12 feet by 35 feet and a vertical clearance of at least
14 feet.
Development of a minor scale, which causes environmental
or economic consequences that are largely confined to the immediate
area of the parcel of land on which it is located; does not substantially
affect the Critical Area Program of the Town of Denton; and is not
considered to be major development as defined in this program.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Same as "boardinghouse."
A plot or parcel of land having at least the minimum area
required by this chapter for a plat or parcel of land in the district
in which such lot is situated and having its principal frontage on
a public road or private road.
The total horizontal area within the lot lines of the lot.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
The percentage of a total lot or parcel that is occupied
by a structure, accessory structure, parking area, driveway, walkway
or roadway, or covered with gravel, stone, shell, impermeable decking,
a paver, permeable pavement, or any man-made material. Lot coverage
includes the ground area covered or occupied by a stairway or impermeable
deck. Lot coverage does not include: a fence or wall that is less
than one foot in width that has not been constructed with a footer;
a walkway in the buffer or expanded buffer, including a stairway,
that provides direct access to a community or private pier; a wood
mulch pathway; or a deck with gaps to allow water to pass freely.
The mean horizontal distance between the front and rear lot
lines.
A lot with access provided to the bulk of the lot by means
of a narrow corridor.
A lot other than a corner lot.
The boundary line of a lot.
A parcel of land which has been legally recorded in the land
records of Caroline County.
A lot in which the frontage is at right angles to the general
pattern in the area involved. A reversed frontage lot may also be
a corner lot or an interior lot.
An interior lot having frontage on two streets.
The distance between the side lot lines measured at the required
front yard line.
Development of a scale that may cause statewide, regional,
or interjurisdictional environmental or economic effects in the Critical
Area, or which may cause substantial impacts on the critical area
program of a local jurisdiction. This development includes, but is
not limited to, airports, powerplants, wastewater treatment plants,
highways, regional utility transmission facilities, prisons, hospitals,
public housing projects, public beaches, and intensely developed park
and recreation facilities.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Any site plan which would include the extension of public
water or sewer lines, placement of roads or installation of any stormwater
management device.
Subdivision that involves any of the following: the creation
of more than three lots; the creation of any new public streets; the
extension of a public water or sewer system; or the installation of
drainage improvements through one or more lots to serve one or more
other lots.
A large enclosed collection of independent retail stores
and services, with associated shared parking areas, constructed and
maintained by a management firm as a unit.
Any structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
or for human habitation, with or without a permanent foundation.
A lot, parcel, or tract of land which is being used, designed,
or held out to accommodate parking for manufactured homes for continuing
occupancy, including all accessory buildings, vehicles, and appurtenances
used or intended as equipment for such manufactured home park. A manufactured
home park does not include an automobile or sales lot on which unoccupied
mobile homes may be parked for inspection and sale.
That part of an individual manufactured home lot which has
been reserved for the placement of the manufactured home.
The process of converting raw, unfinished materials or products,
or either of them, into articles or substances of different character,
or for use for different purpose.
A place for docking four or more pleasure boats or providing
services to pleasure boats and the occupants thereof, including minor
servicing and repair to boats while in the water, sale of fuel and
supplies, and provisions of lodging, goods, beverages, and entertainment
as accessory uses. A yacht or boat club shall be considered as a marina.
The average level of high tides at a given location.
A facility in which beer, wine, or other alcoholic beverages
are brewed, fermented, or distilled for distribution and consumption,
and which possesses the appropriate license from the State of Maryland.
Tasting rooms for the consumption of on-site produced beer, wine,
or distilled products are permitted on the premises.
[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
A boundary line adjustment not resulting in a change that
would allow increased development or density rights otherwise regulated
by applicable land use codes.
An action taken to compensate for adverse impacts to the
environment resulting from development, development activity, or a
change in land use or intensity.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Sectional, prefabricated structure that consists of one or
more modules or sections manufactured in a remote facility and delivered
to their intended site and designed to be used with a permanent foundation.
Same as "hotel," except that the building or buildings are
designed primarily to serve tourists traveling by automobile and that
ingress and egress to rooms need not be through a lobby or offices.
A building, structure, or area of land used for the storage
or display for sale of motor vehicles but not used for the storage
of dismantled or wrecked motor vehicles.
A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Components and processes present in or produced by nature,
including but not limited to soil types, geology, slopes, vegetation,
surface water, drainage patterns, aquifers, recharge areas, climate,
floodplains, aquatic life, and wildlife.
Any communities of plants or animals which are considered
to be among the best statewide examples of their kind, and are designated
by regulation by the Secretary of the Department of Natural Resources.
The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Plant communities that develop in the absence of human activities.
A condition where the landforms or biological communities,
or both, have developed by natural processes in the absence of human
interaction.
Permitted through a special exception in those districts
where allowed in the Table of Uses,[4] developments within existing neighborhoods that are limited
to businesses that primarily cater to neighborhood residents, such
as small grocery stores, personal and professional services, dry cleaners,
video shops, cafes, tea rooms, small bakeries, and other uses that
are deemed appropriate by the Planning Commission and Board of Appeals.
Any utility facility needed to provide basic services such
as water, sewer, telephone, and cable television to the individual
users.
For purposes of implementing specific provisions of this
program, new developments (as opposed to redevelopment) means a development
activity that takes place on a property with pre-development imperviousness
(in IDA) or lot coverage (LDA and RCA) of less than 15% as of December
1, 1985.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A lot existing at the effective date of this chapter (and
not created for the purposes of evading the restrictions of this chapter)
that does not meet the minimum area requirement of the district in
which the lot is located.
Any structure, development, or undertaking that is incomplete
at the effective date of this chapter and would be inconsistent with
any regulation applicable to the district in which it is located if
completed as proposed or planned.
Any building or land lawfully occupied by a use at the time
of passage of this chapter, or amendment thereto, which does not conform
to the use regulations of the district in which it is located.
Pollution generated by diffuse land use activities rather
than from an identifiable or discrete facility. It is conveyed to
waterways through natural processes, such as rainfall, storm runoff,
or groundwater seepage rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by end-of-pipe treatment,
but rather by changes in land management practices.
Any organization engaging primarily in civic or community
services, including Lions, Kiwanis, Rotary, Optimists, and organizations
of a similar nature which are not operated for profit (e.g., having
501(c)3 status).
Resources that are not naturally regenerated or renewed.
Those areas regulated under Subtitle 9 of the Environment
Article that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation." The determination of whether an area is a nontidal wetland
shall be made in accordance with the publication known as the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands," published
in 1989 and as may be amended. Nontidal wetlands do not include tidal
wetlands regulated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
[Added 8-4-2022 by Ord. No. 735; effective 8-14-2022]
Nonwater-dependent project means
a temporary or permanent structure that, by reason of its intrinsic
nature, use, or operation, does not require location in, on, or over
State or private wetlands.
Nonwater-dependent project includes:
A dwelling unit on a pier;
A restaurant, a shop, an office,
or any other commercial building or use on a pier;
A temporary or permanent roof or
covering on a pier;
A pier used to support a nonwater-dependent
use; and
A small-scale renewable energy system
on a pier, including:
Nonwater-dependent project does not
include:
A fuel pump or other fuel-dispensing
equipment on a pier;
A sanitary sewage pump or other wastewater
removal equipment on a pier;
An office on a pier for managing
marina operations, including monitoring vessel traffic, registering
vessels, providing docking services, and housing electrical or emergency
equipment related to marina operations; or
A water-dependent facility or activity covered under § 128-36.
A facility maintained for the purpose of providing skilled
nursing care and medical supervision at a lower level than that available
in a hospital to not more than eight persons.
An institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than
that available in a hospital to more than eight persons.
A place devoted primarily to the maintenance and operation
of facilities for the treatment and care of any persons suffering
from illnesses, diseases, deformities, or injuries who do not require
extensive or intensive care such as is normally provided in a general
or other specialized hospital; includes rest homes, convalescent homes,
and homes for the aged. A nursing home does provide medical, nursing,
convalescent or chronic care in addition to room and board.
The certificate issued by the Building Official, or designee, which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use and occupancy of the building as specified in the Town Code. See Chapter 38, Building Construction, Article II, Building Code, and this chapter.
An office for the use of professional people such as doctors,
lawyers, accountants, etc., or general business offices such as insurance
companies, trade associations, manufacturing companies, investment
concerns, banks and trust companies, real estate companies, etc.,
but not including any kind of retail or wholesale store or warehouse,
except as otherwise provided herein.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space designated,
planned, constructed and managed on an integrated and coordinated
basis.
A single-family structure used for professional office purposes
by any member of a recognized profession, such as, but not limited
to, doctors, lawyers, architects, accountants, veterinarians and engineers,
but not including medical or dental clinics or veterinarian clinics.
Professional offices do not include general business offices, such
as the offices of insurance companies, trade associations, manufacturing
companies, investment concerns, banks or real estate companies.
Rooms and/or buildings used for office purposes by not more
than one member of any recognized profession, including doctors, dentists,
lawyers, accountants, engineers, veterinarians, etc., but not including
medical or dental clinics or veterinary clinics, provided that such
use shall be incidental to and subordinate to residential use and
not one involving a commercial enterprise. Such use shall preclude
manufacturing or sale of any hardware product, except those remedial
devices that are prescribed as a direct result of the specific service
rendered on the premises, and those devices cannot be obtained by
the client from any commercial establishment.
Structures or actions that compensate for undesirable impacts.
(See also "BMPs.")
Space provided for vehicular parking not on a street or roadway.
Tidal waters of the state that do not contain tidal wetlands
and/or submerged aquatic vegetation.
Land and water areas retained in an essentially undeveloped
state.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A separate accessory building or structure not physically
connected to the principal building.
The person, partnership, corporation, company, or other legal
entity holding current legal title to a lot, tract, or parcel of land.
The extension of the main walls of a building above the roof.
A portion of the vehicle accommodation area consisting of
lanes providing access to parking spaces.
A structure, or an off-street area for parking or loading
and unloading, whether required or permitted by this chapter, including
driveways, accessways, aisles, and maneuvering areas, but not including
any public or private street right-of-way.
The floor area of a structure as defined herein less storage
and warehouse areas used principally for nonpublic purposes of said
structure. Any basement or cellar space used for retailing shall be
included in the parking floor area for the purpose of calculating
requirements for accessory off-street parking spaces and accessory
off-street loading berths.
An all-weather surfaced area not in a street or alley, exclusive
of driveways, permanently reserved for the temporary storage of one
automobile and connected with a street or alley by an all-weather
surfaced driveway which affords satisfactory ingress and egress for
automobiles. At a minimum, each parking space shall measure nine feet
by 18 feet.
The act of offering for sale and simultaneous delivery goods,
wares or merchandise, including, but not limited to, magazines, books,
periodicals, foodstuffs and personal property of every nature, from
house to house or from place to place or on the public streets or
in any other public or private place, including offering any of the
above-mentioned items for sale and simultaneous delivery from any
type of wagon, vehicle, boat or other movable structure.
A 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 and shall be identified
in the field and accurately drawn on all development plans.
[Added 12-12-2013 by Ord. No.
650, effective 12-19-2013]
A material, enduring change in the
topography, landscape, or structure that occurs as part of a development
or redevelopment activity. Permanent disturbance includes: construction
or installation of any material that will result in lot coverage;
construction of a deck; grading that does not otherwise qualify as
temporary disturbance; and clearing of a tree, forest, or developed
woodland that does not otherwise qualify as temporary disturbance.
Permanent disturbance does not include
a septic system on a lot created before local program approval if
the septic system is located in existing grass or clearing is not
required.
An individual, trustee, executor, other fiduciary, corporation
firm, partnership, limited-liability company, association, organization,
or other entity acting as a unit.
Any animal kept for pleasure rather than utility.
A place where legal drugs and medicines are prepared and
dispensed.
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. "Pier" does not include any structure
on pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
An open, unoccupied space other than a street or alley, permanently
established or dedicated in the principal means of access to property
abutting thereof.
A building or premises where persons regularly assemble for
religious worship, and those accessory activities customarily associated
therewith, and where the buildings and premises are maintained and
controlled by a religious body organized to sustain public worship.
A development constructed on a tract of at least five acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either duplexes, townhouses, or multifamily residences, or all of the above, all developed in accordance with Article XIII, Density and Dimensional Regulations.
A subdivision of varied land uses, residential structural
types and densities developed so as to integrate all the features
into a harmonious whole.
The Denton Planning Commission.
"Plant habitat" means a community of plants commonly identified
by the composition of its vegetation and its physiographic characteristics.
"Wildlife habitat" means those plant communities and physiographic
features that provide food, water and cover, nesting and foraging
or feeding conditions necessary to maintain populations of animals
in the Critical Area.
A parcel of land which may include one or more platted lots
occupied or intended for occupancy by a use permitted in this chapter,
including one main building, together with its accessory buildings,
the yard areas and parking spaces required by this chapter and having
its principal frontage upon a street or upon an officially approved
place.
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
A lot, together with all buildings and structures thereon.
A highway designated as a state primary highway or United
States highway by the Maryland Department of Transportation.
The primary or predominant structure on any lot or parcel.
For residential parcels or lots, the principal structure is the primary
dwelling.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The cutting and removal of trees for personal use.
A privately owned pier that is no more than six feet wide.
Includes:
Land not considered state wetland
bordering on or lying beneath tidal waters, which is subject to regular
or periodic tidal action and supports aquatic growth;
Tidal wetlands transferred by the
state by a valid lease, patent, or grant confirmed by Article 5 of
the Maryland Declaration of Rights are considered "private tidal wetlands"
to the extent of the interest transferred; and
Tidal waters created by the excavation
of upland unless conveyed to the state.
Any change or proposed change to an adopted program that
is not determined by the Chairman of the Critical Area Commission
to be a program refinement.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Any change or proposed change to an adopted program that
the Chairman of the Critical Area Commission determines will result
in a use of land or water in the Chesapeake Bay Critical Area or Atlantic
Coastal Bays Critical Area in a manner consistent with the adopted
program, or that will not significantly affect the use of land or
water in the Critical Area. Program refinement may include:
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A change to an adopted program that
results from state law;
A change to an adopted program that
affects local processes and procedures;
A change to a local ordinance or
code that clarifies an existing provision; and
A minor change to an element of an
adopted program that is clearly consistent with the provisions of
State Critical Area law[5] and all the criteria of the Commission.
The approval of development, other than development by the
state or local government, in the Chesapeake Bay Critical Area by
the appropriate local approval authority. The term includes approval
of subdivision plats and site plans; inclusion of areas within floating
zones; issuance of variances, special exceptions, and conditional
use permits; and issuance of zoning permits. The term does not include
building permits.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The lines bounding a zoning lot, as defined herein.
A person holding title to a property or two or more persons
holding title to a property under any form of joint ownership.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013; amended 3-3-2022 by Ord. No. 728, effective 3-13-2022]
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).
A water or sewerage system owned and operated by a municipality
or county or an authority or owned and operated by the governing body
and permitted by the State of Maryland, and subject to special regulations.
Shore-dependent recreation facilities or activities provided
by public agencies that are available to the general public.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Any sidewalk, pedestrian path, street, alley, highway, or
other public thoroughfare.
An agreement between the developer and the Town setting forth
the improvements which the developer will be responsible for and the
conditions for the construction and acceptance of such improvements
by the Town.
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including water bodies.
The changing of the zoning classification which applies to
a particular area of land.
A change of the arrangement of the existing lot or parcel
lines of any legal parcel of land or recorded, legally buildable lots.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields. Examples include playgrounds, playing fields
and team participation such as baseball, soccer, lacrosse, and basketball.
Outdoor lighting of playing fields may be permitted.
A place designated and equipped for the conduct of sports,
leisure-time activities, and other customary and usual recreational
activities.
Generally an undeveloped space or environmentally sensitive
area that requires minimal development. Activities involve relatively
inactive or less energetic activities, such as walking and picnicking.
Examples include walking/biking paths and trails and picnic areas.
Outdoor lighting is prohibited except for safety requirements.
A motorized or towable vehicle that combines transportation
and temporary living quarters for travel, recreation and camping.
RVs do not include manufactured 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 are 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 trailers, folding camping trailers
and the truck campers. A motorized RV is 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 motor homes (Class A), van
campers (Class B), motor homes (Class C) and conversion vehicles.
The act or process of redeveloping land, buildings, and structures
in any zoning district. Redevelopment includes rehabilitation, the
removal of blighted buildings, structures, and vegetation; and the
replacement or remodeling or reuse of existing buildings and structures
to accommodate new development.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013; 4-7-2016 by Ord. No. 677, effective 4-14-2016]
The process of developing land which is or has been developed.
For purposes of implementing specific provisions of this program,
"redevelopment" (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
[Added 4-7-2016 by Ord. No. 677, effective 4-14-2016]
The establishment of a forest through artificial reproduction
or natural regeneration.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references, and symbols, contained or referred to
in this chapter.
A resource that can renew or replace itself and, therefore,
with proper management, can be harvested indefinitely.
A multifamily residence located above the principal commercial
use.
A residential use consisting of a building containing three
or more dwelling units. For purposes of this definition, a building
includes all dwelling units that are enclosed within that building
or attached to it by a common floor or wall (even the wall of an attached
garage or porch) (e.g., townhouses and apartments).
A multifamily residence containing not more than four dwelling
units and results from the conversion of a single building containing
at least 2,000 square feet of gross floor area that was in existence
on the effective date of this provision and that was originally designed,
constructed and occupied as a single-family residence.
A residential use having the external appearance of a single-family
residence but in which there is located a second dwelling unit that
comprises not more than 25% of the gross floor area of the building
nor more than a total of 750 square feet.
A two-family residence resulting from the conversion of a
single building containing at least 2,000 square feet of gross floor
area that was in existence on the effective date of this provision
and that was originally designed, constructed and occupied as a single-family
residence.
Areas characterized by nature-dominated environments (that
is, wetlands, forests, abandoned fields) and resource-utilization
activities (that is, agriculture, forestry, fisheries activities,
or aquaculture). These areas shall have had at least one of the following
features as of December 1, 1985:
Any and all activities associated with the utilization of
natural resources such as agriculture, forestry, surface mining, aquaculture,
and fisheries activities.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
An establishment that conforms to the definition of a "restaurant,
standard," and is located within the Modified Buffer Area (MBA) of
the Critical Area.
[Added 12-6-2010 by Ord. No. 615, effective 12-16-2010; amended 3-3-2022 by Ord. No. 728, effective 3-13-2022]
RESTAURANT, STANDARDA food-serving establishment whose principal business is the sale of food, and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth or counter inside the establishment. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of its patrons, shall not be considered a restaurant.
RESTAURANT, FAST-FOODAn establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.
RESTAURANT, FAST-FOOD CAFETERIAAny establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth or counter inside the establishment.
RESTAURANT, FAST-FOOD CARRY-OUTAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are no facilities for on-premises consumption of food.
RESTAURANT, DRIVE-IN OR DRIVE-THROUGHAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through window or while parked.
The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Stores selling one kind or various kinds of goods, as distinct
from services, such as, but not limited to, drugstores, grocery stores,
department stores, camera shops, bookstores, and record shops.
A strip of land designated for the use of a road, highway,
driveway, alley or walkway, or for any drainage or public utility
purpose or other similar uses.
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
A public thoroughfare under the jurisdiction of the state,
a county, a municipal corporation, or any other public body. "Road"
does not include a drive aisle or a driveway.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Same as "boardinghouse."
A device or instrument designed or used for the reception
of television or other electronic communications signal broadcast
or relayed from an earth satellite, typically up to 12 feet in diameter,
in the shape of a shallow dish or parabola.
A condition where surface water is present for extended periods,
especially early in the growing season, and when surface water is
absent, the water table is often near the land surface.
For the purpose of determining the number of off-street parking
spaces for certain uses, the number of seats is the number of seating
units installed or indicated, or each 24 linear inches of benches,
pews, or space for loose chairs.
A highway designated as a state secondary highway by the
Maryland Department of Transportation.
The removal of single, scattered, mature trees or other trees
from uneven-aged stands by frequent and periodic cutting operations.
A use owned or operated by a nonprofit, religious or philanthropic
institution and providing education, cultural, recreational, religious,
or similar types of public programs.
An establishment that may function as a meal site, screening
clinic, recreational clinic, recreational center, social service agency
branch office, mental health counseling clinic, older worker employment
agency, volunteer coordinating center and community meeting hall.
Environmental protection areas identified in the Economic Growth, Resource Protection and Planning Act of 1992 (See § 5-7A-01 et seq. of the Annotated Code of Maryland.) for which special standards, designed to protect these areas from the adverse effects of development, have been included in this chapter. (See § 128-149.) These areas include the following:
The minimum required distance between the point where any
structure on a lot meets the ground surface and any lot line or boundary
of a Town or state road right-of-way.
Any number of structural and nonstructural methods or techniques
used to control the erosion of shoreline areas.
Those structures or measures constructed or installed to
prevent or minimize erosion of the shoreline in the Critical Area.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A sign is any structure or part thereof, or any device attached
to, painted on, or represented on a building, fence, or other structure,
upon which is displayed or included any letter, work, model, banner,
flag, pennant, insignia, decoration, device, or representation used
as, or which is in the nature of, an announcement, direction, advertisement,
or other attention-directing device. A sign shall not include a similar
structure or device located within a building except illuminated boards,
but does not include the flag, pennant, or insignia of any nation
or association of nations, or of any state, city, or other political
unit, or of any political, charitable, educational, philanthropic,
civic, or like campaign, drive, movement, or event.
A sign either on-premises or off-premises, which identifies,
describes, directs attention to, or gives directions for locating
any business or establishment no longer in operation, or advertises
any product no longer being marketed or any sign structure in disrepair.
A freestanding sign usually hinged at the top, or attached
in a manner, and widening at the bottom to form a shape similar to
the letter "A." Such signs are usually designed to be portable and
not considered to be permanent signs.
That area enclosed by the periphery connecting the extreme
points or edges of a sign. The area shall be determined using the
largest sign area or silhouette visible at any one time from any one
point. This area does not include the main supporting sign structure,
but all other ornamental attachments, inner connecting lines, etc.,
which are not part of the main supports of the sign are to be included
in determining sign area. On a two-sided sign, only one face is counted
in computing the sign's area, provided the faces are located not more
than two feet from each other.
Any cloth, bunting, plastic, paper or similar nonrigid material
and captive/tethered balloon or inflatable sign used for advertising
purposes attached to or pinned on or from any structure, staff, pole,
line, framing, or vehicle.
A structure designed, intended or used for advertising a
product, property, business, entertainment, service, amusement, or
the like, and not located where the matter advertised is available
or occurs.
A board or wall area on which bulletins, notices, announcements
or displays are posted.
A sign or portion thereof that displays electronic, nonpictorial
text information in which each alphanumeric character, graphic, or
symbol is defined by a small number of matrix elements using different
combinations of light-emitting diodes (LEDs), fiber optics, light
bulbs or other illumination devices within the display area. Electronic
changeable message board signs include computer-programmable, microprocessor-controlled
electronic displays.
A freestanding, permanent or moveable sign with manually
moveable and interchangeable letters or numbers.
A freestanding sign that has a permanent component advertising
a business and also has a message board component.
A sign erected during the construction of a building or other
type of improvement, customarily listing the name of the owner, architect,
engineer, designer, and/or contractors involved in the construction
of the building or improvement.[7]
A sign or portion of a sign that displays an electronic image
or video, which may or may not include text. This definition includes
television screens, plasma screens, digital screens, flat screens,
LED screens, video boards, and holographic displays.
A sign or portion thereof that displays electronic, static
images, static graphics or static pictures, with or without information,
defined by a small number of matrix elements using different combinations
of light-emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of a fade, repixilation
or dissolve mode. Electronic graphic display signs include computer-programmable,
microprocessor-controlled electronic or digital displays. Electronic
graphic display signs include projected images or messages with these
characteristics onto buildings or other objects.
Any sign or portion of a sign that uses changing lights to
form a sign message or messages in text form wherein the sequence
of messages and the rate of change is electronically programmed and
can be modified by electronic processes.
Any cloth, bunting or similar material containing distinctive
colors, patterns or symbols, indicating the name, trademark or logo
of a business or used as an advertising device.
[Amended 6-6-2011 by Ord. No. 631, effective 6-16-2011]
Any illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any revolving illuminated sign shall be
considered a flashing sign.
Any sign attached parallel to, but within nine inches of,
a wall, which is supported by such wall or building and displays only
one sign surface. This includes those signs painted in or erected
and confined within the limits of an outside wall or building.
A sign that is attached to, erected on or supported by some
structure (such as a pole, mast, frame, or other structure) that is
not itself an integral part of or attached to a building or other
structure having a principal function other than the support of a
sign. A sign that stands without separate supporting elements, such
as a "sandwich sign," is also a freestanding sign.
Areas that erode two feet or more per year.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A roof-like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public
way.
Any cloth, bunting, plastic, paper, or similar material,
whether or not it contains a message of any kind, suspended from a
rope, wire, or string, usually in series, designed to move in the
wind.
A sign constructed of materials engineered or manufactured
to be durable, designed for long-term use, and appropriate for the
conditions where such sign is located. Examples of permanent sign
materials are: exterior-grade wood, such as redwood or cedar, high-density
urethane, Dibond, aluminum, and medium-density overlay (MDO).
A temporary sign designed to attract support for a particular
candidate, political party, or political issue or to express an opinion
on any matter of public interest.
A sign that is not permanently secured to a structure or
the ground.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than nine inches beyond the surface
building or wall.
A sign which reflects an oscillating, sometimes distorted
visual image.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
This definition shall not include the display of merchandise, provided
that such display does not contain any advertising.
A nonelectronic sign that is used in connection with a circumstance,
situation, or event that is designed, intended or expected to take
place or to be completed within a reasonably short or definite period
after the erection of such sign, or is intended to remain on the location
where it is erected or placed for a period of not more than a predetermined
number of days. If a sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded
as temporary.
An electronic or mechanical device which shows time and/or
temperature, but contains no business identification or advertising.
Any sign exceeding 10 square feet in area and mounted on,
painted on, placed on, attached or affixed to a trailer, watercraft,
truck, automobile, or other form of transportable vehicle so parked
or placed so that the sign thereon is discernible from a public street
or right-of-way as a means of communication or exhibiting.
The care and cultivation of forest trees; forestry.
A drawing or plat which describes and locates required improvements of a development tract in accordance with the provisions of Article XXIII of this chapter.
Concept or sketch: an informal pre-submission
of an illustration(s) demonstrating proposed development of a site.
Preliminary: drawing(s) with more
substantive detail than a concept or sketch plan indicating the proposed
layout of the subdivision or site, including the geometric layout
with all proposed streets, lots, and easements drawn to scale.
Final:Â detailed drawing(s) with
all substantive specificity (information about the project, including,
but not limited to, legal data, impact on environs, natural features,
existing development and infrastructure and the site development).
Any area where dwellings predominate that, by reason of dilapidation,
overcrowding, lack of ventilation, light or sanitary facilities, or
any combination of these factors, is detrimental to safety, health,
or morals.
A shrub that, when mature, reaches a height no greater than
six feet.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Land use plans for farms that show farmers how to make the
best possible use of their soil and water resources while protecting
and conserving those resources for the future. It is a document containing
a map and related plans that indicate:
A packaged interconnected assembly of solar cells, also known
as "photovoltaic cells." The solar panel is used as a component in
a larger photovoltaic system. Because a single solar panel can only
produce a limited amount of power, many installations contain several
panels. This is known as a "photovoltaic array." A photovoltaic installation
typically includes an array of solar panels, an inverter, batteries
and interconnection wiring.
Circuses, fairs, carnivals, festivals, or other types of
special events that run for longer than one day but not longer than
two weeks, are intended to or likely to attract substantial crowds,
and are unlike the customary or usual activities generally associated
with the property where the special event is to be located.
Permission given by the Board of Appeals to establish a specific
use that would not be appropriate generally or without restriction
throughout a zoning district but which if controlled as to number,
area, location, or relation to the neighborhood would comply with
the purpose and intent of this chapter. Such uses may be approved
within a zoning district if specific provision for such a special
exception is made in this chapter.
Those fish and wildlife whose continued existence as part
of the state's resources are in question and which may be designated
by regulation by the Secretary of Natural Resources as in need of
conservation pursuant to the requirements of Natural Resources Article, §§ 10-2A-03
and 4-2A-03, Annotated Code of Maryland.
The overburden and reject materials as piled or deposited
during surface mining.
A structure, improvement, or lot that is a blighted property
as defined in this section.
A written plan prepared by the owner or owners of record
of the real property to address spot blight.
Any building or land where horses are kept for breeding,
hire, sale, boarding, riding or show.
Any building or structure, accessory to the principal use
of the premises as a residence, that shelters horses for the exclusive
use of the occupants of the premises.
Any land under the navigable waters of the state below the
mean high tide affected by the regular rise and fall of the tide.
Tidal wetlands of this category which have been transferred by the
state by a valid lease, patent, or grant confirmed by Article 5 of
the Maryland Declaration of Rights are considered "private tidal wetlands"
to the extent of the interest transferred.
Any slope with a grade of 15% or more shall be considered
a steep slope.
The keeping, either indoors (including inside a cargo trailer)
or outdoors, of equipment, vehicles, or supplies used in the conduct
of a trade, business, or profession. Storage does not include the
overnight parking in residential zones of a single vehicle weighing
no more than 2.5 tons gross vehicle weight which, although used primarily
for business, trade, or professional purposes, also provides daily
transportation to and from work.
For quantitative control, a system
of vegetative and structural measures that control the increased volume
and rate of surface runoff caused by man-made changes to the land;
and
For qualitative control, a system
of vegetative, structural, and other measures that reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
A set of drawings or other documents, submitted by a person
as a prerequisite to obtaining a stormwater management approval, which
contain all of the information and specifications pertaining to stormwater
management.
That portion of a building other than a basement, included
between the surface of any floor and the surface of the floor next
above it, or if there be no floor above it, then the space between
such floor and the ceiling next above it.
A space under a sloping roof at the top of the building,
the floor of which is not more than two feet below the plate, shall
be counted as a half story when not more than 60% of said floor area
is used for rooms, baths, or toilets. A half story containing an independent
apartment or living quarters shall be counted as a full story.
A public thoroughfare which affords the principal means of
access to property abutting thereon.
Rural roads consist of those facilities that are outside
of small urban and urbanized areas. They are classified into four
major systems: principal arterials, minor arterial roads, major and
minor collector roads, and local access streets. The road classifications
are shown conceptually in the Comprehensive Plan on Map 7.4.
A street that terminates in a vehicular turnaround.
A dividing line between a lot, trace, or parcel of land and
a contiguous street.
A minor street which is parallel and adjacent to (principal
arterials) parkways, throughways or bypasses, and which provides access
to abutting properties and protection from through traffic.
Any change in the supporting members of a building, including
but not limited to bearing walls or partitions, columns, beams, girders,
or any substantial change in the roof or in the exterior walls.
Building or construction materials, or a combination of those
materials, that are purposely assembled or joined together on or over
land or water. "Structure" includes a temporary or permanent fixed
or floating pier, piling, deck, walkway, dwelling, building, boathouse,
platform, gazebo, or shelter for the purpose of marine access, navigation,
working, eating, sleeping, or recreating.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The division of a tract of land into two or more lots, building
sites, or other divisions for the purpose of sale or building development
(whether immediate or future).
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
the creation of more than a total of three lots; the creation of any
new public streets; the extension of a public water or sewer system;
or the installation of drainage improvements through one or more lots
to serve one or more other lots.
Any repair, reconstruction, or improvement of a principal
structure, where the proposed footprint equals or exceeds 50% of the
existing principal structure.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A store that is larger in size than, and has a wider selection
of products than, a grocery store. A supermarket typically offers
a wide variety of food and household merchandise organized into departments.
A description and landscape schedule that shows the proposed
species type, quantity, and size of plants to be located within a
buffer if natural regeneration does not meet the required stem density.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A place where people receive permanent decorative tattoos
and/or body piercing from a tattoo artist.
An establishment used primarily for the serving of liquor
by the drink to the general public, and where food or packaged liquors
may be served or sold only as an accessory to the primary use. Also
called a "bar" or "lounge."
A device or equipment used primarily for the receiving of
television, radio programming, or Internet which is a subordinate
use or structure customarily incidental to and located upon the same
lot as the main structure, in either a side or rear yard.
A residence (which may be a mobile home) that is located
on the same lot as a residence made uninhabitable by fire, flood,
or other natural disaster and occupied by the persons displaced by
such disaster; or located on the same lot as a residence that is under
construction and occupied by the persons intending to live in such
permanent residence when the work is completed; or located on a nonresidential
construction site and occupied by persons having construction or security
responsibilities over such construction site. These residences shall
be removed from the site within one month of resolution of the situation
which prompted their need.
A short-term change in the landscape that occurs as part
of a development or redevelopment activity. "Temporary disturbance"
includes: storage of materials that are necessary for the completion
of the development or redevelopment activity; construction of a road
or other pathway that is necessary for access to the site of the development
or redevelopment activity, if the road or pathway is removed immediately
after completion of the development or redevelopment activity and
the area is restored to its previous vegetative condition; and grading
of a development site, if the area is restored to its previous vegetative
condition immediately after completion of the development or redevelopment
activity. "Temporary disturbance" does not include: a septic system
in a forest or developed woodland on a lot created before local program
approval, if clearing is required. "Temporary disturbance" also does
not include a violation.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Any species of fish, wildlife, or plants designated as such
by regulation by the Secretary of the Department of Natural Resources
which appear likely, within the foreseeable future, to become endangered,
including any species of wildlife or plant determined to be threatened
species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531
et seq., as amended.
All state and private wetlands, marshes, submerged aquatic
vegetation, lands, and open water affected by the daily and periodic
rise and fall of the tide within the Chesapeake Bay and its tributaries,
the coastal bays adjacent to Maryland's coastal barrier islands, and
the Atlantic Ocean to a distance of three miles offshore of the low-water
mark.
The existing configuration of the earth's surface, including
the relative relief, elevations, and position of land features.
Same as "motel."
A private, owner-occupied home in which bedrooms are rented
to tourists or travelers.
Any structure whose principal function is to support an antenna
or wind turbine.
One of a group of attached single-family dwellings which
are designed as single structures, with each dwelling unit separated
by fire walls, fire separations, or similar party wall. No more than
eight dwelling units shall be attached.
A single-family dwelling forming one of a series of three
or more attached single-family dwellings separated from one another
by party walls without doors, windows, or other provisions for human
passage or visibility through such walls from basement to roof, and
having roofs which may extend from one such dwelling unit to another.
A lot. (See definition of "lot.") The term "tract" is used
interchangeably with the term "lot," particularly in the context of
subdivisions, where one tract is subdivided into several lots.
A plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary
that separates aquatic and terrestrial areas.
Anything that is built, installed, or established to provide
a means of transport from one place to another.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
For purposes of the Critical Area, a woody perennial plant
having a single, usually elongated main stem generally with few or
no branches on its lower part; a perennial shrub or herb of arborescent
form. For purposes of the forest conservation provisions of this chapter,
a tree is defined as a large, woody plant having one or several self-supporting
stems or trunks and numerous branches that reach a height of at least
20 feet at maturity.
Perennial and intermittent streams in the Critical Area that
are so noted on the most recent U.S. Geological Survey 7.5-minute
topographic quadrangle maps (scale 1:24,000) or on more detailed maps
or studies at the discretion of the Town.
The layer of forest vegetation typically located underneath
the forest canopy.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
A tree that, when mature, reaches a height between 12 and
35 feet.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The landward edge of a tidal wetland or nontidal wetland.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The purpose or activity for which land or any building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
Permission to conduct certain activities within a zoning
district. Such activities are considered conditional uses, which are
permitted within the zone only upon special approval of the Board
of Appeals.
A use which may be lawfully established in a particular district
or districts, provided it conforms to all regulations, requirements,
and standards of such district.
A use listed in the Table of Use Regulations.[8]
See "use, conditional."
All utility facilities other than neighborhood utility facilities.
Utility facilities that are designed to serve the immediately
surrounding neighborhood and that must, for reasons associated with
the purpose of the utility in question, be located in or near the
neighborhood where such facilities are proposed to be located.
Fixed structures that convey or distribute resources, wastes,
or both, including, but not limited to, electric lines, water conduits,
and sewer lines.
A modification only of density, bulk or area requirements
in this chapter where such modifications 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.
Those uses offering a product for sale on a regular basis,
in which said sales are not located within a permanent structure.
Any booth, cubicle, stall, or compartment that is designed,
constructed, or used to hold or seat patrons and is used for presenting
motion pictures or viewing publications by any photographic, electronic,
magnetic, digital, or other means or media (including, but not limited
to, film, video or magnetic tape, laser disc, CD-ROM, books, magazines,
or periodicals) for observation by patrons therein. A viewing booth
shall not mean a theater, movie house, playhouse, or a room or enclosure
or portion thereof that contains more than 600 square feet.
A structure used for the storage and/or the sale of products
at wholesale, and where the sale of a product at retail is incidental.
A facility where sand and gravel is washed during processing.
The raising of fish and shellfish in any natural, open, free-flowing
water body.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash,
in and including any area adjacent thereto which is subject to inundation
by reason of overflow or water.
Those structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the buffer. An activity is water dependent
if it cannot exist outside the buffer and is dependent on the water
by reason of the intrinsic nature of its operation. Such activities
include, but are not limited to, ports, the intake and outfall structures
of power plants, water-use industries, marinas and other boat-docking
structures, public beaches and other public water-oriented recreation
areas, and fisheries activities.
[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Birds which frequent and often swim in water, nest and raise
their young near water, and derive at least part of their food from
aquatic plants and animals.
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
The selling of goods in relatively large quantities and usually
at lower prices than at retail, especially such selling to retailers
for resale to consumers.
A strip of land having vegetation that provides habitat and
a safe passageway for wildlife.
Those plant communities and physiographic features that provide
food, water, cover, and nesting areas, as well as foraging and feeding
conditions necessary to maintain populations of animals in the Critical
Area.
[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
Any live monkey, raccoon, skunk, wolf, squirrel, fox, leopard,
panther, tiger, lion, lynx or any other warm-blooded animal, poisonous
snake or tarantula which can normally be found in the wild state or
any other member of crocodilian, including but not limited to alligators,
crocodiles, caimans, gavials or any other animal so classified by
the State of Maryland. Ferrets, nonpoisonous snakes, rabbits and laboratory
rats which have been bred in captivity, and which have never known
the wild, shall be excluded from this definition.
A device with vanes that are rotated by the wind to generate
electricity, usually similar in appearance to a giant aircraft propeller
and mounted on a tall, slim tower.
An area of contiguous wooded vegetation where trees are at
a density of at least one six-inch-or-greater-caliper tree per 325
square feet of land and where the branches and leaves form a contiguous
canopy.
An open space other than a court, on a lot unoccupied and
unobstructed from the ground upward except as otherwise provided for
in this chapter. See Appendix VI at the end of this chapter.
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the street
line and the main building or any projection thereof, other than the
terraces or uncovered porches. On corner lots, the front yard shall
be considered as parallel to the street upon which the lot has its
least dimension.
A yard extending across the rear of the lot between the side
lot lines and measured between the rear lot line and the rear of the
main building or any projection other than steps, unenclosed porches
or entranceways.
A yard between the main building and the side line of the
lot and extending from the front yard to the rear yard and being the
minimum horizontal distance between the side lot line and side of
the main buildings or any projections thereof.
An area within which certain uses of land and structures
are permitted and certain others are prohibited; yards and other open
spaces are required; minimum lot areas and dimensions and other requirements
are established.
A district which is placed over the existing regular or parent
zoning because of siting of a zoning district or imposes additional
restrictions, e.g., the Critical Area Overlay District.
A written statement issued by the Director of Planning and
Codes authorizing buildings, structures, or uses consistent with the
terms of this chapter, and for the purpose of carrying out and enforcing
its provisions.
[1]
Editor's Note: This ordinance also repealed
the definitions of "Buffer (Critical Area)" and "Buffer Exemption
Area (BEA)," both of which immediately followed this definition.
[2]
Editor's Note: See § 8-1803 of the
Natural Resources Article of the Annotated Code of Maryland.
[3]
Editor's Note: The definition of "dwelling,"
which immediately followed, was repealed 3-3-2022 by Ord. No. 728, effective 3-13-2022.
[4]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[5]
Editor's Note: See § 8-1801 et seq.
of the Natural Resources Article of the Annotated Code of Maryland.
[6]
Editor's Note: The former definition of "shopping
center," which immediately followed this definition, was repealed
10-4-2012 by Ord. No. 649, effective 10-14-2012.
[7]
Editor's Note: The former definition of "sign,
decorative flag," which immediately followed, was repealed 6-6-2011
by Ord. No. 631, effective 6-16-2011. See now the definition of "flag."
[8]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
