For the purpose of this chapter, certain terms
or words used herein shall be interpreted as follows:
A.Â
Word usage. Words used in the present tense include
the future; all words in the singular include the plural and all words
in the plural include the singular; the word "shall" is mandatory
and not directory.
B.Â
ACCESSORY USE
ACCESSORY DWELLING UNIT
AGRICULTURE
ALLEY
AMEND or AMENDMENT
ANIMAL KENNEL
APARTMENT
APARTMENT BUILDING
ASSISTED LIVING FACILITY
ATTIC
AUTOMOTIVE USE
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BOARD
BUILDING
BUILDING, HEIGHT OF
BUILDING SETBACK LINE
CIVIC USE
COMMISSION
COMPREHENSIVE PLAN
CONDITIONAL USE
COUNTY
DECK
DEVELOPMENT
DISTRICT
DWELLING
(1)Â
(2)Â
(3)Â
DWELLING UNIT
EDUCATIONAL INSTITUTION
FACADE
FAMILY
FLOODPLAIN
FRONTAGE
HOME DAY CARE
HOME OCCUPATION
INDUSTRIAL PARK
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, FRONT OF
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
MASTER DEVELOPMENT AGREEMENT
MASTER DEVELOPMENT PLAN
MEDICAL SERVICES
MINI-STORAGE
MOBILE HOME
NONCONFORMING USE
OPEN SPACE
OUTBUILDING
PROFESSIONAL OFFICE
ROAD
SHORT-TERM RENTAL
SIGN
STORY
STREET
STRUCTURAL ALTERATION
STRUCTURE
TOWNHOUSE
USE
USE, ACCESSORY
VARIANCE
YARD
YARD, FRONT
YARD, REAR
ZONING ADMINISTRATOR
ZONING CERTIFICATE
ZONING MAP
Terms defined.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A dwelling unit which is customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building. "Accessory dwelling units" shall be
counted as outbuildings.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
fish culture and animal and poultry husbandry, provided that the above
uses shall not include the raising of animals for use in medical or
other tests or experiments.
[Amended 10-2-2013 by Ord. No. 07-03-13[1]]
A right-of-way which provides secondary service access for
vehicles to the side or rear of abutting properties.
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.
Any building or buildings, including residences, used, designed
or arranged for the breeding or care of more than three dogs, cats,
pets, fowl or other domestic animals, but not to include those animals
raised for agricultural purposes, or kept only on a temporary basis.
"Animal kennel" shall not include commercial animal boarding facilities.
An area within a two-family or multifamily dwelling arranged
or designed as one dwelling unit.
Any building having or designed to have three or more apartments.
A residential facility that provides housing and supportive
services, supervision, personalized assistance, health-related services,
or a combination thereof that meets the needs of individuals 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 individuals,
or as may hereinafter be defined by the state. "Assisted living program"
does not include:
[Added 10-2-2013 by Ord. No. 07-03-13]
The storage area within the pitch of a roof.
The selling, servicing, and/or repairing of motorized wheeled
vehicles. "Automotive use" does not include parking or storing of
vehicles or parts thereof.
That portion of a building which is partly or completely
below grade, having at least 50% of its floor-to-ceiling height below
finished grade.
[Amended 10-2-2013 by Ord. No. 07-03-13]
Any private, owner-occupied residential dwelling at least
50 years old in which a maximum of four rooms are rented to paying
guests on an overnight basis with at least one meal served daily;
the period for consecutive overnight lodging for guests does not exceed
21 days; at least one full bathroom is provided; and one on-site parking
space per guest room is available.
A freestanding sign larger than 35 square feet in gross area,
or a wall sign covering more than 10% of the area to which it is affixed.[2]
The New Windsor Board of Zoning Appeals.[3]
An enclosed structure, anchored to a permanent foundation
and having exterior or party walls and a roof designed for the support,
shelter or enclosure of persons, animals, chattels or property of
any kind.[4]
The vertical distance measured from the level of the approved
street grade opposite the middle of the front of the building to the
highest point of the coping of a flat roof, to the deck line of a
mansard roof and to the mean height level between eaves and ridges
of a gable, hip or gambrel roof.
A line beyond which the foundation wall and/or any enclosed
porch, vestibule or other enclosed portion of a building shall not
project as determined by the yard requirements.
Public and/or nonprofit uses that generally are accessible
to all citizens. "Civic uses" include such structures as libraries,
post offices, religious buildings, recreational facilities, museums,
performing arts centers, or municipal offices and public safety operations.
The New Windsor Planning Commission.
A plan or any portion of the plan which may consist of maps,
data and other descriptive matter, as a guide for the physical development
of the Town or any portion thereof, including any amendments, extensions
or additions thereto adopted by the Commission, indicating the general
locations for major roads, parks or other public open spaces, public
building sites, routes for public utilities, zoning districts or other
similar information.
A use which may be permitted in a district, through the granting
by the Board of Zoning Appeals (BZA) upon a finding by the BZA that
it meets specified conditions. The term "conditional use" shall constitute
the same meaning as "special exception" specified as one of the general
powers of the Board of Zoning Appeals in accordance with Article 66B
of the Annotated Code of Maryland.
Carroll County, Maryland.
Any platform or other assembly, connected or immediately
adjacent to a primary residence or other use, and lacking a permanent
cover or roof. For purposes of this chapter, a raised deck is removed
from the ground level up to one foot; an elevated deck is removed
from the ground level more than one foot.
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure.
A portion of the territory to which this chapter applies,
within which certain uniform regulations and requirements or various
combinations thereof apply under the provisions of this chapter. The
term "R District" shall mean any R-1, R-2, R-3, R-5 or R-10 Districts;
the term "B District" shall mean any VC, EC, LI or NB Districts.
Any building arranged, designed or used, in whole or in part,
for residential purposes, but not including a tent, cabin, trailer,
mobile home or a room in a hotel or motel.
[Amended 10-2-2013 by Ord. No. 07-03-13[5]]
DWELLING, SINGLE FAMILYA detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
DWELLING, TWO FAMILYA building containing not more than two dwelling units arranged one above the other or side by side.
DWELLING, MULTIFAMILYA detached building or a group of attached and semidetached buildings designed for or used exclusively for residential purposes by more than two families or housekeeping units.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
eating, sleeping and sanitation.
[Amended 10-2-2013 by Ord. No. 07-03-13]
Every school or educational or training institution, however
designed, which offers a program of college, professional, preparatory,
high school, junior high school, elementary, kindergarten or nursery
school instruction, or any combination thereof, or any other program
of trade, technical or artistic instruction. No private educational
institution shall be deemed a home occupation.
The wall of a building parallel to a frontage line.
A group of two or more persons related by blood or marriage
or a group of not more than five persons, excluding servants, not
related by blood or marriage living together as a single housekeeping
group in a dwelling unit.
That land being defined by hydrologic studies done by a registered
engineer or hydrologist competent to perform such studies that show
that area which at some point in time could be inundated by water
due to flood conditions brought on by a one-hundred-year storm or
a storm having a 1% chance of occurrence in any given year.
The length of the property line of the lot, lots or tract
of land abutting a public street, road or highway or rural right-of-way.
Care provided for not more than eight children or four adults
in the provider's home on a daily basis rather than an overnight basis.
Any use of a dwelling, conducted solely by a resident, or
use of any accessory building which is incidental or subordinate to
the main use of the principal building for dwelling purposes, provided
that the use utilizes space equal to not more than 500 square feet;
does not generate vehicular parking or nonresidential traffic to a
greater extent than would normally result from residential occupancy;
and involves no evidence from the outside of the dwelling to indicate
that it is being used for anything other than residential purposes,
other than a sign not exceeding one foot by two feet.
[Amended 12-2-2009 by Ord. No. 10-07-09A]
A tract of land suitable for industrial use, subdivided and
developed according to a comprehensive plan for occupancy by a group
of industries or businesses and equipped with streets and necessary
utilities.
A parcel of land occupied or to be occupied by a building
and its accessory buildings, together with such open spaces as required
and having frontage on a public right-of-way, unless where accepted
elsewhere in this chapter.[6]
A lot abutting on two or more streets at their intersection,
where the interior angle of the intersection does not exceed 135°.
The average distance between the front lot line and the rear
lot line.
The side or sides of an interior lot which abut a street
(a corner lot shall be deemed normally to front upon the street on
which it has the least dimension).
The street line running along the front of the lot separating
it from the street.
The lot line or lines generally opposite or parallel to the
front lot line, except in a through lot. If the "rear lot line" is
less than 10 feet long or the lot comes to a point at the area, said
rear lot line is assumed to be a line not less than 10 feet long,
lying wholly within the lot, parallel to the front lot line or, in
the case of a curved front lot line, parallel to the chord of the
arc of said front lot line.
Any lot line other than a front lot line or a rear lot line.
A contract between the developer(s), property owner(s) and
the Town of New Windsor concerning the development of a planned business
center.
[Added 10-5-2011 by Ord. No. 09-07-11A]
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an out-patient basis.
A structure containing multiple, separate, self-contained
storage units that are leased or rented on an individual or collective
basis.
A structure, transportable in one or more sections, which
is built on a permanent chassis, with or without a permanent foundation,
which is designed to be used or is being used as a dwelling or is
used for the conduct of a business or for storage.
A use of a building or of land lawfully existing at the time
this chapter and/or previous ordinances or amendments thereto became
effective and which does not conform with the dimensional or use regulations
of the zone in which it is located.
Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment, or
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space. Yards of individual lots are not open
space.
Any nonhabitable structure with walls, roof and entrance
capable of making the structure secure.[8]
Rooms and/or buildings used for office purposes by a member
of any recognized profession, including doctors, dentists, lawyers,
accountants, engineers, veterinarians, etc., but not including medical
or dental clinics or veterinary clinics.
Includes street, highway, avenue, land, marginal access street,
service drive, alley, bridge, viaduct or any segment thereof.
A dwelling unit, or portion thereof, which is rented or leased
to individuals for overnight accommodations for compensation, for
a period of less than 30 days. Motels, hotels, bed-and-breakfasts
and country inns are excluded from this definition.
[Added 7-11-2018 by Ord.
No. 05-02-18]
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between such floor and the ceiling
next above it. A mezzanine floor shall be counted as a "story" if
it covers more than 1/3 of the area of the floor next below it or
if the vertical distance between the floor next below it and the floor
next above it is 20 feet or more.
A public or dedicated way or a public proposed right-of-way,
widening or extension of an existing street or public way shown on
any plan approved by the Commission.
Any change in the structural members of a building, such
as walls, columns, posts, beams or girders.
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, staging, observation towers, radio
and television broadcasting towers, water tanks, trestles, open sheds,
coal bins, shelters, fences, walls, signs, powerline towers, pipelines,
railroad tracks and poles.
One of a group of three or more attached dwelling units divided
from each other by party walls and each having separate front and
rear or front and side entrances from the outside.
The principal purpose for which a lot or the main building
thereon is designed, arranged or intended and for which it is or may
be used, occupied or maintained.
A use of a building, lot or portion thereof which is customarily
incidental and subordinate to the principal use of the main building
or lot.
A modification of density, bulk, area, or other requirements
in this chapter, where such modification will not be contrary to the
public interest and where, owing to conditions peculiar to the property
and not the results of any action taken by the applicant, a literal
enforcement of this chapter would result in unnecessary hardship or
practical difficulty.
Open area on the same lot with a building or group of buildings,
lying between the building or outer building of a group and the nearest
lot or street line and unoccupied and unobstructed from the ground
upward, except as provided in this chapter.
Open area extending across the full width of the lot between
the front lot line or the proposed front street line and nearest line
of the building or any enclosed portion thereof. The depth of such
yard shall be the shortest horizontal distance between the front lot
line or the proposed front street line and nearest line of the building
or any enclosed portion thereof. The depth of such yard shall be the
shortest horizontal distance between the front lot line or proposed
front street line and the nearest point of the building or any enclosed
portion thereof.
Open area extending across the full width of lot between
the rear line of the lot and the nearest line of the building, porch
or projection thereof. The depth of such yard is the shortest horizontal
distance between the rear lot line and the nearest point of the building.
Second story overhang, roof overhang, unenclosed porches or similar
architectural features are excluded from the measurement if they do
not project into the yard area more than six feet. Open carports may
project to within five feet of the side lot line.
An officer of the Town, appointed by the Mayor, who administers
the zoning regulations and acts as secretary to the Board of Appeals.
A written statement issued or approved by the Zoning Administrator,
authorizing buildings, structures or uses consistent with the terms
of this chapter and for the purpose of carrying out and enforcing
its provisions.
The Zoning Map of the Town of New Windsor on file in the
office of the Town Clerk, together with all amendments thereto subsequently
adopted.
[1]
Editor's Note: This ordinance also repealed the former
definition of "agriculture support business," which immediately followed.
[2]
Editor's Note: The former definition of "block," which immediately
followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
[3]
Editor's Note: The former definition of "boardinghouse," which
immediately followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
[4]
Editor's Note: The former definition of "building, accessory,"
which immediately followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
[5]
Editor's Note: This ordinance also repealed the former
definitions of "dwelling, detached," "dwelling, multifamily," "dwelling,
one-family," "dwelling size" and "dwelling, two-family," which immediately
followed.
[6]
Editor's Note: The former definition of "lot area, net," which
immediately followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
[7]
Editor's Note: The former definition of "master plan," which
immediately followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
[8]
Editor's Note: The former definition of "plan," which immediately
followed, was repealed 10-2-2013 by Ord. No. 07-03-13.
