Definitions. For the purpose of this chapter, certain
terms used herein are defined as follows:
ACCESSORY BUILDING
A subordinate building located on the same lot as the principal
building, and the use of which is customarily associated with and
incidental to the use of the principal building. An accessory building
shall not dominate a principal building in area, extent or purpose.
[Added 8-14-2007 by Ord. No. 179]
ACCESSORY STRUCTURE
A subordinate structure located on the same lot as the principal
use, and the use of which is customarily associated with and incidental
to the principal use.
[Added 8-14-2007 by Ord. No. 179]
ACCESSORY USE
A use of a building, lot or portion thereof which is incidental
and subordinate to the principal use of the main building or lot.
[Amended 8-14-2007 by Ord. No. 179]
AGRICULTURE or AGRICULTURAL PURPOSES
The raising of farm products for use or sale, including animal
or poultry husbandry, and the growing of crops, such as grain, vegetables,
fruit, grass for pasture or sod, trees, shrubs, flowers and similar
products of the soil.
APARTMENT
An area within a structure arranged or designed as one dwelling
unit.
APARTMENT HOUSE
Any building arranged, designed or used for rent or occupancy
or which is cooperatively owned by its occupants, having three or
more dwelling units and with a yard, compound, service or utilities
in common.
BED-AND-BREAKFAST
Any residential dwelling in which rooms are rented to paying
guests on an overnight basis with not more than one meal served daily,
the entire service to be included in one stated price.
BOARD
The Board of Zoning Appeals.
BUILDING
Any structure anchored to a permanent foundation enclosed
within exterior or party walls and a roof for the enclosure, shelter
or protection of persons, animals or chattels.
BUILDING LINE
The line established by law beyond which a building shall
not extend, as determined by front, side and rear yards herein.
CANNABIS
The plant Cannabis sativa L., and any part of the plant,
including all derivatives, extracts, cannabinoids, cannabidiol (CBD),
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9-tetrahydrocannabinol (THC) concentration greater than
0.3% on a dry weight basis and this shall include cannabis products
and edible cannabis products as defined by §§ 1-101
and 36-101 of the Alcoholic Beverages Article of the Maryland Code,
as amended from time to time, and includes marijuana, seeds and seedlings.
[Added 9-12-2023 by Ord. No. 258]
CANNABIS BUSINESS
Any shop, pharmacy, dispensary or other business or establishment
that sells, dispenses, otherwise distributes, stores, grows, extracts
or otherwise processes products containing cannabis for medical or
recreational uses.
[Added 9-12-2023 by Ord. No. 258]
COMMISSION
The Town of Manchester Planning and Zoning Commission.
COMMUNITY SOLAR ENERGY GENERATING SYSTEM (CSEGS)
A solar energy generating system as defined in the Maryland
Public Utilities Article of the Annotated Code of Maryland, § 7-306.2(a)(3),
as amended, and which has been authorized and approved for operation
by the local electric company pursuant to the rules established in
the Code of Maryland Regulations (COMAR) 20.62 by the Maryland Public
Service Commission (PSC).
[Added 7-14-2020 by Ord. No. 244]
CONDITIONAL USES
Uses which are specified for Board of Zoning Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with §
250-104. The term "conditional use" shall constitute the same as "special exception," specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.
CONSTRUCTION STARTED
Construction will be deemed to have begun when all of the
necessary excavation and piers and/or footings of one or more buildings
or structures covered by the permit have been completed.
COUNTRY INN
Any dwelling at least 50 years old, in which rooms are rented
to paying guests on an overnight basis with meals served daily, the
entire service to be included in one stated price. A country inn may
also provide catering and facilities for banquets, weddings, receptions,
reunions, and similar one-time events which are not open to the public
generally.
DAY-CARE CENTER
A facility licensed for the care of more than eight children
or adults away from their own homes, on a daily rather than an overnight
basis.
DWELLING
Any building arranged, designed or used in whole or in part
for residential purposes, but not including a tent, cabin, trailer
or mobile home or a room in a hotel or motel.
(1)
DWELLING, SINGLE-FAMILYA detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, cooking, eating, and sanitation.
ESSENTIAL SERVICES or ESSENTIAL UTILITY EQUIPMENT
Facilities owned or maintained by public utility companies
or public agencies, located in public ways or in easements provided
for the purpose, or on a customer's premises and not requiring a private
right-of-way, and reasonably necessary for the furnishing of adequate
water, sewer, gas, electric, communication or similar services to
adjacent customers, including pumping stations and wastewater treatment
plants, but not including any building, yard, station or facility
requiring a site in excess of 400 square feet, except as hereinbefore
provided, and not including any cross-country pipeline or transmission
line or towers or any line requiring a private right-of-way.
FAMILY
An individual, or two or more persons related by blood or
marriage, or a group of not more than five persons not related by
blood or marriage, living together as a single housekeeping group
in a dwelling unit.
[Amended 6-9-2009 by Ord. No. 195]
FAMILY DAY CARE
Care other than parental care given to not more than eight
children in the provider's residence for less than 24 hours and for
which money is paid. The provider must comply with all state and county
licensing agency regulations and must be licensed by appropriate agencies
prior to operating residence as a family day-care home.
FARM
An area of land used for agricultural purposes, as defined
hereinabove.
FENCE
A vertical structure of posts and non-masonry connected material
used to delineate a boundary or to act as a barrier or means of protection,
confinement or screening. Posts and fences shall be of similar material.
[Added 8-13-2013 by Ord. No. 214]
GARAGE
(1)
GARAGE, RESIDENTIALAn accessory building, portion of a main building or building attached thereto, used for the storage of private motor vehicles, 50% of which may be used for the storage of a commercial vehicle.
(2)
GARAGE, SERVICEA garage, other than a residential garage, where motor vehicles, trailers or other type of equipment are stored, equipped for operation, repaired or kept for remuneration, hire or sale.
HEALTH DEPARTMENT
The Maryland State Department of Health and Mental Hygiene.
[Amended 6-9-2009 by Ord. No. 195]
HEMP
The fiber of the cannabis plant, extracted from the stem,
containing a delta-9-tetrahydrocannabinol (THC) concentration of no
more than 0.3% on a dry weight basis.
[Added 9-12-2023 by Ord. No. 258]
HEMP BUSINESS
Any shop, pharmacy, dispensary or other business or establishment
that sells, dispenses, otherwise distributes, stores, grows, extracts
or otherwise processes products containing hemp for medical or recreational
uses.
[Added 9-12-2023 by Ord. No. 258]
HOME OCCUPATION
Any use of a dwelling, conducted solely by a member or members
of the family residing therein, which is incidental or subordinate
to the main use of the building for dwelling purposes, provided that
the use:
(1)
Utilizes not more than 25% of the floor area
of the dwelling;
(2)
Does not generate vehicular parking or nonresidential
traffic to a greater extent than would normally result from residential
occupancy;
(3)
Has no inventory or stock-in-trade kept for
regular sale to persons coming to the premises; and
(4)
Has no other evidence being visible, audible,
or abnormally odoriferous from the outside of the dwelling to indicate
that it is being used for other than residential purposes, other than
a sign not exceeding 12 inches by 18 inches.
KENNEL
Any building or structure and/or land used, designed or arranged
for housing, boarding, breeding or care of more than three adult dogs
kept or bred for hunting, sale, exhibition or other use for profit.
LOT
A piece or parcel of land occupied or intended to be occupied
by a principal building and its accessory buildings and uses, including
all open spaces required by this chapter, and having frontage on a
street or a minimum of a ten-foot in-fee strip to a publicly maintained
road as defined herein.
[Amended 6-9-2009 by Ord. No. 195]
(1)
LOT, CORNERA lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.
(2)
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.
(3)
(a)
DEPTHThe average horizontal distance between the front lot line and the rear lot line.
(b)
WIDTHThe horizontal distance between side lot lines measured at the midpoints of the side lot lines.
(4)
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
MASTER PLAN
Policies, statements, goals and interrelated plans for private
and public land use, transportation and community facilities, documented
in test and maps, which constitute the guide for the Town's future
development.
MEDICAL CENTER
A medical or dental clinic building or group or combination
of such buildings occupied by medical practitioners and providing
health services to people on an outpatient basis.
NONCONFORMING USE
A building, structure, premises or use of land lawfully existing
at the time of the adoption of this chapter or lawfully existing at
such time as this chapter is amended and which does not conform to
the use regulations of the zone in which it is located.
ON-SITE CONSUMPTION ESTABLISHMENT
Any entity licensed pursuant to § 36-401(c)(4)
of the Alcoholic Beverages Article of the Maryland Code and/or that
otherwise allows cannabis to be consumed (smoked, vaped or otherwise
ingested) on premises.
[Added 9-12-2023 by Ord. No. 258]
PLANNED BUSINESS CENTER
Three or more retail stores or service establishments designed
as a unit and primarily served by common accessories, such as signs,
parking lots, arcades and walkways.
SERVICE STATION
Any area of land, including buildings and other structures
thereon, that is used to dispense motor vehicle fuels, oil and accessories
at retail, where minor repair service is incidental and where no storage
or parking space is offered for rent.
SETBACK
The required minimum horizontal distance between a building
line, as defined herein, and the related front, side or rear property
line that establishes the area within which the principal structure
must be erected or placed.
SIGN
A name, identification, description, display, logo, illustration
or device (including wigwag, twirler, pinwheel, pennant and other
similar device) which is affixed, stationed or represented directly
or indirectly upon a building, structure or land and which directs
attention to a product, plane, activity, person, institution or business.
(1)
SIGN, ON-PREMISES BUSINESSA sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
(2)
SIGN, OUTDOOR ADVERTISINGA sign structure (e.g., billboard) which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
STABLE, PRIVATE (HORSE)
An accessory structure designed for the shelter, feeding
and care of no more than two horses or ponies maintained on the property
as pets or for domestic use as distinguished from agricultural or
commercial stables.
STORAGE FACILITY FOR OVERFLOW BUSINESS OR HOUSEHOLD ITEMS
This use must be in a totally enclosed building, and is intended
primarily to support the businesses in the district by providing a
location where they can store inventory or equipment which is surplus
or temporarily not in use. This use shall not be construed to include
larger "mini-storage" facilities.
[Added 8-13-2013 by Ord. No. 214]
STORAGE MODULE
A self-contained storage unit which can only be delivered
to a site in one piece and has no chassis.
[Added 8-13-2013 by Ord. No. 214]
STREET or HIGHWAY or ROAD
Any street existing or which may be approved by the Commission.
The word "street" shall also mean "road," "highway," "boulevard,"
"avenue," "lane" or "court."
STRUCTURE
Anything constructed, the use of which requires a fixed location
on the ground or which is attached to something having such location,
but not including fences, power, gas, water, sewerage or communication
lines or poles, towers or pole structures, sidewalks, driveways or
curbs.
TEMPORARY USE
(1)
Any use which has been authorized under the
provisions of this chapter and which is limited as to the time in
which such use shall legally continue.
(2)
Any vehicle or preassembled structure so constructed
and located, regardless of its foundation, as to permit occupancy
thereof for living or sleeping or the conduct or any business, and
which is so designed that it may be moved or transported on roads
by means of attached wheels or hauled on a separate conveyance or
may be propelled or drawn by its own motor power, including automobile
trailers, truck trailers, trailer coaches, trailer homes, mobile homes,
buses, streetcars and all similar devices.
VARIANCE
A variance is a relaxation of the terms of this chapter where
such variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the results of
the actions of the applicant, a literal enforcement of this chapter
would result in practical difficulty or unreasonable hardship.
YARD
Any open space on the same lot as a principal building(s)
and which lies between such building(s) and the lot line and is open
and unoccupied from the ground up.
(1)
FRONT YARDA yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. (See definition of "lot frontage.")
(2)
REAR YARDA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
(3)
SIDE YARDA yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING CERTIFICATE
A written statement issued by the Zoning Administrator, authorizing
buildings, structures or uses in accordance with the provisions of
this chapter.