This article is intended to clarify the meaning of specific terms used throughout the Town of Bel Air Development Regulations. The meaning and construction of words and phrases defined in this article apply throughout the Development Regulations, except where the context clearly indicates a different meaning or construction. Any word or term not defined in this article shall have the ordinarily accepted definition as set forth in the most recent edition of Webster's International Dictionary of the English Language.
The following definitions shall be used in the interpretation and construction of the Development Regulations:
ABANDON
The relinquishment of the right to use or cessation of the use of property for a period of one year or more.
ABUTTING
To physically touch, border upon or share a common property line.
ACCESS
A means of vehicular or pedestrian approach, entry to or exit from a property.
ACCESSORY STRUCTURE
A subordinate structure detached from, but located on the same lot as, a principal building, the use of which is incidental to that of the principal structure.
[Amended 4-3-2017 by Ord. No. 780-17]
ACCESSORY USE
A use that is customarily incidental and subordinate to the principal use of the land or of a building on the same lot.
ADDITION
Any construction that increases the size of a building.
ADJACENT
To be situated near, but not necessarily touching, a common property line (i.e., separated by a street, alley or highway).
ADJOINING PROPERTY
As applied to development review, land which shares a common property line, property that would be adjoining but for an intervening easement or road and property that would be adjoining but for intervening property owned by the applicant or an entity controlled by the applicant.
[Added 10-21-2019 by Ord. No. 794-19]
ADULT ENTERTAINMENT CENTER
An entity or establishment that, as its principal business purpose, offers for sale, rental, exhibition or viewing any printed, recorded, digitally analogued or otherwise viewable matter, any kind of sexual paraphernalia or any kind of live performance, entertainment or exhibition that depicts, describes or relates to sexual conduct, sexual excitement or sadomasochistic abuse. For purposes of this definition, "sexual conduct" means human masturbation, sexual intercourse, or the touching of or contact with genitals, pubic areas or buttocks of a human, or the breasts of a female, whether alone or between members of the same or opposite sex, or between humans and others; "sexual excitement" means the condition of human genitals, or the breasts of a female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity; and "sadomasochistic abuse" means flagellation or torture by or upon a human who is nude or clad in undergarments or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained. "Adult entertainment center" includes an adult bookstore.
[Amended 4-3-2017 by Ord. No. 780-17]
AFORESTATION
The removal of an existing forest in accordance with an approved forest conservation plan according to procedures set forth in the Maryland Forest Conservation Technical Manual.
[Added 7-17-2023 by Ord. No. 813-23]
AFFORDABLE HOUSING
A sales price or rent within the means of a low- or moderate-income household, as defined by state or federal legislation.
[Amended 7-17-2023 by Ord. No. 813-23]
AFFORESTATION
The establishment of a forest on an area from which forest cover has been absent for a long period of time in accordance with an approved forest conservation plan or landscape plan; planting of open areas which are not presently in forest cover in accordance with an approved forest conservation plan or landscape plan; or establishment of a forest in accordance with an approved forest conservation plan or approved landscape plan according to procedures set forth in the Maryland Forest Conservation Technical Manual.
[Amended 7-17-2023 by Ord. No. 813-23]
AGRICULTURAL PRODUCT PROCESSING
Use that serves to support agricultural production such as timber processing, milling, canning and wool or textile processing.
[Added 4-3-2017 by Ord. No. 780-17]
AISLE
That portion of a parking area reserved for ingress and egress of vehicles to/from parking spaces; not to include any portion of street rights-of-way.
ALLEY
A public or private way, other than a street, affording secondary means of access to the side or rear of abutting properties as defined in § 165-118D.
[Amended 7-17-2023 by Ord. No. 813-23]
ALTER
To change the exterior appearance or supporting members of a structure, such as bearing walls, columns or beams, or to modify the area frontage or depth of a lot, landscaped open space or parking area.
AMUSEMENT CENTER
An establishment or arcade offering five or more amusement devices, including but not limited to coin-operated electronic games, shooting galleries, table games, computer games, pool/billiards, movie theater and similar amusement diversions, within an enclosed building.
[Amended 4-3-2017 by Ord. No. 780-17]
ANIMAL, DOMESTIC
Any animal that has been bred and/or raised to live in or about the habitation of humans and is dependent on people for food and shelter.
[Amended 7-17-2023 by Ord. No. 813-23]
ANIMAL, FARM
Any animal customarily raised in an agricultural setting, including but not limited to pheasants, cows, livestock, chinchillas, horses, goats, sheep, pigs and other similar animals and fowl.
[Amended 7-17-2023 by Ord. No. 813-23]
APARTMENT BUILDING
A structure containing three or more dwelling units with a common entrance or access. (See "dwelling, multifamily.")
[Amended 4-3-2017 by Ord. No. 780-17]
APPROVING AUTHORITY
The agency, board, commission, group or other legally designated individual or agency that has been charged with the review and approval of plans and applications.
[Amended 7-17-2023 by Ord. No. 813-23]
APPURTENANCES
The visible, functional or ornamental objects accessory to the environmental setting of a structure. These include paving, trees, landscaping, waterways, etc.[1]
ARCHITECTURAL FEATURE
Ornamentation or decorative features attached to or protruding from an exterior wall.
ASSISTED LIVING FACILITY
A facility that provides supervision, monitoring or assistance with the activities of daily living for elderly or disabled persons in a residential setting.
AVERAGE DAILY TRAFFIC
Average number of cars per day that pass over a given point.
AWNING
A roof-like cover, often of fabric, metal or glass, designed and intended for protection from the weather or as a decorative embellishment and which projects from a wall or roof of a structure over a window, walk, door or the like.
BANQUET FACILITY
A building or establishment maintained in whole or in part as rental space for the purpose of private events where access by the general public is restricted.
[Added 4-3-2017 by Ord. No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
BAR
A portion of an establishment where the sale or dispensing of liquor by the drink for on-site consumption is undertaken and considered separate from dining, dancing and banquet areas.
[Amended 4-3-2017 by Ord. No. 780-17]
BASE FLOOD ELEVATION
The elevation at which a flood has a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
A portion of a building located partly or entirely underground but having no more than 1/2 of its floor-to-ceiling height above the average grade of the adjoining ground.
[Amended 4-3-2017 by Ord. No. 780-17]
BED-AND-BREAKFAST
A dwelling containing no more than nine beds, where lodging is offered to the traveling public for temporary occupancy of 30 days or less, and where breakfast is provided as part of the room rental charges.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
BERM
An earthen mound formed to obstruct undesirable views or noise as a buffer.
BEST MANAGEMENT PRACTICES
A combination of conservation measures, structures or management practices that reduces or avoids adverse impacts of development on adjoining sites, land, water or waterways and controls soil loss and reduces water quality degradation caused by nutrients, animal waste, toxins and sediment.
BLOCK
A tract of land bounded by a combination of streets and/or public parks, cemeteries, rights-of-way, waterways, or boundaries of the Town or any other barrier to the continuity of development.
BOARDINGHOUSE
A dwelling unit, other than in a hotel, motel, group home, halfway house, apartment building or facility for foster care in which lodging and meals are provided in a communal setting for compensation to minimum of four and not exceeding nine adult persons not related to the owner by blood, marriage or adoption with a minimum occupancy exceeding 30 days.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
BODY-PIERCING SERVICE
A skin-penetrating adornment procedure which involves piercing or entering the skin or the mucous membrane of an individual for the purpose of inserting pigmented patterns, jewelry or other forms of body decoration. "Body piercing" includes skin-penetrating body adornment procedures and tattooing, but does not include piercing of an earlobe using a properly disinfected ear-piercing gun and single-use, sterile studs and clutches.
BUFFER
A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. See "screening."
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter, storage, or enclosure of any person, animal, process, equipment, or goods and materials of any kind or nature. Where divided by party walls, each portion shall be deemed a separate building.
A. 
BUILDING AREA (ENVELOPE) The area of a lot remaining for buildings and structures after the minimum yard, open space, floodway and other development constraints have been excluded.
[Amended 7-17-2023 by Ord. No. 813-23]
B. 
BUILDING COVERAGETotal square footage of a lot covered by a building.
[Amended 7-17-2023 by Ord. No. 813-23]
165-104.I.tif
Figure 165-104.I
C. 
BUILDING FRONTAGEThat portion of a structure extending along a street.
D. 
BUILDING FRONTAGE, MULTIPLEThat portion of a structure extending along two or more streets.
E. 
BUILDING FRONTAGE, PRIMARYThat portion of a structure extending along a street and containing the major entrance(s) to the structure.
F. 
BUILDING, HEIGHT OFThe vertical distance to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the average point with grade as measured along the perimeter of the structure.
[Amended 7-17-2023 by Ord. No. 813-23]
165-104.II.tif
Figure 165-104.II
G. 
BUILDING LINEA building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a structure cannot extend.
H. 
BUILDING, PRINCIPALThe primary building on a lot, or a building that contains a principal use.
BUILDING OFFICIAL
The administrative official charged with enforcement of the Building Code as described in Chapter 145, Building Construction, of the Bel Air Town Code.
BUSINESS INCUBATOR
A facility dedicated to the startup and growth of small businesses, accomplished through management and facility support systems. For purposes of this definition, "management support systems" includes access to professional advice, information on small business regulations, management, advertising, promotion, marketing, sales, inventory, employees, labor relations and financial counseling. "Facility support systems" includes clerical and reception staff, cleaning and building security and access to copy and facsimile machines, computers, faxes and other electronic equipment.
BUSINESS SERVICE
Services rendered to a business establishment or individual on a fee or contract basis, including, but not limited to, actuarial, advertising, credit reporting, janitorial, secretarial/stenographer services, computer and data-processing services, photofinishing, broker services, window cleaning, blueprinting and photocopying, tag and title services, telephone sales and other similar general office services.
BUSINESS SERVICE, GROUP
A business service establishment consisting of five or more full-time equivalent employees.
BUSINESS SUPPORT SERVICE
Establishments or places of business engaged in the provision of services used by office, professional and service establishments. Typical uses include blueprint/photocopying, janitorial services, photo finishing, window cleaning, protective services and other similar services.
CALIPER
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter. (See also "DBH.")
165-104.III.tif
Figure 165-104.III
CANNABIS BUSINESS
A business licensed or registered by the Maryland Cannabis Administration to operate in the cannabis industry. This definition includes dispensary, grower and processor as defined by the State of Maryland.
[Added 7-17-2023 by Ord. No. 813-23]
CANOPY
A fixed roof-like structure, other than an awning, which projects from a wall of a building and extends along all or a majority of the wall's length to provide shelter over an entryway or walkway.
CAR WASH/AUTO DETAILING SERVICE
An area of land or a structure with machine- or hand-operated facilities used principally for the cleaning, polishing, washing or hand washing of motor vehicles.
CATERING
A service providing meals and/or refreshments for public or private entertainment for a fee.
CLUSTER MAILBOX
A grouping of mailboxes at a central location to serve several units within a development.
COMMERCIAL EQUIPMENT OR TRAILER
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord. No. 780-17]
COMMERCIAL VEHICLE
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord. No. 780-17]
COMMUNICATIONS ANTENNA
Any device used to collect or radiate electromagnetic waves including directional and omnidirectional antenna, whip, dish or panel not exceeding six feet in height attached to a tower, pole or structure.
[Added 4-3-2017 by Ord. No. 780-17]
COMMUNICATIONS TOWER
Tower, pole structure or platform that holds antenna or antennas, used for cellular communications or similar uses exceeding 35 feet in height.
[Amended 4-3-2017 by Ord. No. 780-17]
COMMUNITY
The citizens of the Town of Bel Air.
COMMUNITY CENTER
A building used for public, cultural, educational, recreational, or civic purposes, usually owned and operated by a public or nonprofit group or agency.
[Amended 4-3-2017 by Ord. No. 780-17]
COMMUNITY SHELTER
A group housing facility intended to provide temporary board, lodging and personal services to homeless persons and those requiring protection from physical or psychological harm.
[Amended 4-3-2017 by Ord. No. 780-17]
COMPATIBILITY
The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Elements affecting compatibility include density; floor area ratio; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or radiation.
COMPREHENSIVE PLAN
The currently adopted version of the Town of Bel Air Comprehensive Plan.
CONCEPT PLAN
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONSTRUCTION/SALES/OFFICE TRAILER
Any temporary structure to conduct business, trade, or occupation, or for use as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
[Amended 7-17-2023 by Ord. No. 813-23]
CONSTRUCTION SUPPLY SERVICES
The performance of work by, or furnishing of supplies to, members of building trades, including building contractors; carpentry and wood flooring services; electrical services; energy systems services and products; general contracting; masonry, stonework, tile setting and plastering services; plumbing, heating and air-conditioning services; roofing and sheet metal services; and other such services.
CONTIGUOUS
Next to, abutting or touching and having a boundary or portion thereof which is common or coterminous.[2]
CONVENIENCE GOODS
A retail store generally containing less than 5,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the "7-11" and "Royal Farm Store" chains.
[Amended 7-17-2023 by Ord. No. 813-23]
CORPORATE OFFICE
A business which offers general office space and attendant support services for those businesses located within the center.[3]
[Amended 4-3-2017 by Ord. No. 780-17]
COURT
An open, unoccupied and unobstructed space on the same lot with and bounded on two or more sides by the walls of a building. "Outer court" is a court having at least one side thereof opening onto a street, alley, yard, or other permanent open space.
COUNTRY CLUB, CIVIC ORGANIZATION
A private club or social organization established for some common objective, including fellowships, societies, lodges, brotherhoods, fraternal orders, sisterhoods and sororities, and recreation structures and areas operated by such associations for the benefit of the membership.
[Added 7-17-2023 by Ord. No. 813-23]
CREMATORIUM
A building fitted with the proper appliances for the purposes of cremation of human remains.
CRITICAL ROOT ZONE (CRZ)
The area around the trunk of a tree where the bulk of the root system is located. This area is measured as a circle around the tree trunk one foot in radius for each one inch in tree diameter at breast height (DBH).
[Amended 4-3-2017 by Ord. No. 780-17]
CROSSWALK
A roadway or street passageway through a block at ground level or overhead, designed exclusively for pedestrians.
DAY-CARE CENTER, FAMILY
A person, agency or institution licensed by the state to provide day care for no more than eight unrelated individuals in a residence for a portion or all of a day and on a regular schedule more often than once a week.
DAY-CARE CENTER, GROUP
A person, agency or institution licensed by the state to provide group care in a residence for between nine and 12 adults or children who do not all have the same parentage, or care of 13 or more adults or children in facilities other than a private home setting, for a portion or all of a day and on a regular schedule more often than once a week.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk measured at 4.5 feet from grade level. Where the trunk splits into two or more trunks below the 4.5 foot from grade level, then each trunk is measured individually at 4.5 feet from grade level.
[Amended 7-17-2023 by Ord. No. 813-23]
DECK
An open, above-grade platform or structure immediately adjacent or attached to the principal structure. The structure may be covered with a roof or similar covering and/or screened.
DEMOLITION
The deliberate removal or destruction of the frame or foundation of any portion of a building or structure, including willful neglect on the maintenance and repair of a structure.
DENSITY
The number of dwelling units permitted per acre.
DEVELOPMENT
The construction, reconstruction after demolition of more than 50% of an existing structure, conversion, relocation or enlargement of any structure; the division of a parcel of land into two or more parcels; and any use or extension of the use of land.
[Amended 4-3-2017 by Ord. No. 780-17]
DEVELOPMENT REGULATIONS
A document outlining the Town of Bel Air Zoning, Signage and Subdivision Regulations.
DEVELOPMENT STANDARDS
Regulations and requirements addressing specific needs and concerns for provision of facilities, protection of environmental and other resources, and fulfillment of goals of the Town of Bel Air Comprehensive Plan. These are in addition to specific regulations for individual zoning districts.
DISTRICT, ZONING
A portion of the incorporated territory of the Town of Bel Air within which certain uniform zoning regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORY
A building on or near a school campus designed to accommodate students actively attending the school.
[Added 4-3-2017 by Ord. No. 780-17]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means.
DRIPLINE
Vertical line extending from the outermost tree canopy to the ground.
DRIVE-THROUGH FACILITIES
An establishment that, by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.
DRIVEWAY
An accessway for cars leading from a street or alley to a garage, house, group of houses, or business.
DUST-FREE MATERIAL
A durable surface which is paved with bituminous concrete, portland cement, bituminous tar and chip or similar material acceptable to the Director of Public Works.
DWELLING
A structure or portion thereof that is used exclusively for human habitation, but not including a tent, cabin, trailer, recreational vehicle, or a room in a hotel.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
DWELLING, ACCESSORYAn independent dwelling which is occupied for a period exceeding 30 days located on the same lot and accessory to a primary residential dwelling. An accessory dwelling is typically located on a single-family detached lot.
[Added 7-17-2023 by Ord. No. 813-23[4]]
B. 
DWELLING, MULTIFAMILYThree or more dwelling units with common access constructed on a permanent foundation, designed for three or more families and located on a single lot or parcel.
C. 
DWELLING, SEMIDETACHEDA building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof and which are on separate lots.
D. 
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
E. 
DWELLING, TOWNHOUSEA single-family attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside.
F. 
DWELLING, TWO-FAMILYA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling or floor extending from exterior wall to exterior wall, except for common stairwells exterior to both dwelling units; does not include semidetached dwellings.
DWELLING UNIT (HOUSEKEEPING UNIT)
One or more rooms physically arranged so as to create an independent housekeeping establishment consisting of a separate kitchen or cooking facility and provisions for living, sleeping, eating and sanitation.
EASEMENT
A right of use over the property of another.
ELECTRIC SUBSTATION
A substation whose purpose is to transform voltage to a level so this power can be consumed in the general vicinity of the substation.
ELECTRONIC EQUIPMENT SUPPLY/SERVICE
A facility that stocks and supplies electronics and associated equipment for distribution or installation.
[Added 4-3-2017 by Ord. No. 780-17]
ENVIRONMENTALLY SENSITIVE AREA
An area with one or more of the following environmental characteristics:
A. 
Steep slopes;
B. 
Floodplains;
C. 
Soils classified as having high-water tables;
D. 
Soils classified as highly erodible, subject to erosion, or highly acidic;
E. 
Land formerly used for landfill operations or hazardous industrial use;
F. 
Stream corridors;
G. 
Mature stands of native vegetation;
H. 
Wetlands and wetland transition areas; and
I. 
Habitats of endangered species.
FAMILY
[Amended 7-16-2012 by Ord. No. 753-12; 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
A. 
Any number of persons related by blood, marriage or adoption;
B. 
Up to three adult persons maintaining a common household together with any adult dependents (as defined by the United States Internal Revenue Code) or minor children, including foster children, of such persons;
FAMILY, EXTENDED
Persons related by blood, marriage, or adoption including immediate family and extended to include aunt/uncle, grandmother/grandfather or cousins.
[Added 7-17-2023 by Ord. No. 813-23]
FAMILY, IMMEDIATE
Persons related by blood, marriage or adoption limited to mother/father, sister/brother or son/daughter.
[Added 7-17-2023 by Ord. No. 813-23]
FEASIBLE
Capable of being accomplished in a successful manner after a reasonable period of time, taking into account economic, environmental, social and technological factors.
FEED/GRAIN MILL
A building equipped to process agricultural products such as grain into flour, meal or feed products.
[Added 4-3-2017 by Ord. No. 780-17]
FENESTRATION
The arrangement of windows and architectural details on a building.
FIFTY-FIVE-AND-OVER HOUSING
A residential structure or group of residential structures with four or more dwelling units, each of which is intended for, and occupied by, at least one individual 55 years of age or older.
FINAL DECISION
The last unappealable decision.
FITNESS CENTER
A facility, including health clubs and athletic clubs, that is equipped for the conduct of sports, exercise, leisure-time activities or other customary recreational activities.
FLAG
Fabric or other flexible material, usually rectangular and of distinctive design used as a symbol, such as for a nation, state, locality, organization, or political cause.
[Added 7-17-2023 by Ord. No. 813-23]
FLOODPLAIN
Any floodplain referenced in a floodplain ordinance for the purpose of applying floodplain regulations. (See "one-hundred-year floodplain.")
FLOODWAY
The channel of a stream or watercourse and the adjacent land areas that must be reserved to discharge the one-percent-probability flood without cumulatively increasing the water surface elevation more than a designated height, generally one foot.
FLOOR AREA, GROSS
The sum of all horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
[Amended 4-3-2017 by Ord. No. 780-17]
FLOOR AREA, NET
The total of all floor areas of a building, excluding vestibules, elevator shafts, janitorial closets, mechanical/electrical rooms, interior vehicular parking and loading. Multi-tenant buildings also exclude stairwells, common hallways, common restrooms and common reception areas.
[Amended 4-3-2017 by Ord. No. 780-17]
FOOTCANDLE
A standard measurement of illumination over a surface area of one square foot.
FOREST CONSERVATION PLAN (FCP)
A plan approved pursuant to the Natural Resources Article of the Annotated Code of Maryland, and Chapter 216, Forest Conservation, of the Bel Air Town Code.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
FOREST STAND DELINEATION (FSD)
The methodology for evaluating and documenting for approval the existing vegetation on a site proposed for development, as provided in the Forest Conservation Technical Manual, which must be updated during any subsequent development review process on the site occurring more than five years from the date of prior approval for the FSD.
[Amended 7-17-2023 by Ord. No. 813-23]
FORTUNE TELLING
A person or group of persons who engage in the practice or profess to practice the business or act of prophecy, intuitive counseling, cartomancy, divination, clairaudience, necromancy, astrology, phrenology, life reading, fortune-telling, clairvoyance, crystal gazing, palmistry, numerology, or reading of tarot or similar cards for any form of compensation.
[Added 5-2-2011 by Ord. No. 741-11]
FRONTAGE
Any/all sides of a lot abutting on a street.
FRONTAGE, PRIMARY
The side of a structure that provides the main access for the use or tenant space.
FUEL STORAGE FACILITY
Any premises or units where gasoline, propane, natural gas or other petroleum products are stored in bulk for the purpose of sale or distribution.
FULL-TIME EQUIVALENT EMPLOYEE
The number of persons necessary for forty-hour-a-week coverage is equal to one full-time employee.
GARAGE, PRIVATE
An accessory building or portion of a main building designed, arranged, or used primarily for the housing or storage of private motor vehicles.
GARAGE, PUBLIC
A building or portion thereof, other than an automobile salesroom, used or held out for the housing or storage of six or more motor vehicles, where service or repair facilities, if any, are incidental to the principal use of storage. A public garage may be a principal or accessory use.
GENERAL MERCHANDISE
Any use over 5,000 square feet characterized by the sale of bulky items and/or outside display/storage of merchandise or equipment, such as lumber and building materials, farm and garden supplies, marine equipment sales and service and stone monument sales.
[Amended 7-17-2023 by Ord. No. 813-23]
GOOD CAUSE SHOWN
A substantial and compelling reason or reasons to be used as a basis to permit modification to a provision of the Development Regulations or to grant an extension of a prior approval.
GREEN BUILDING/GREEN DESIGN
Building design that yields environmental benefits, such as savings in energy, building materials, water consumption or reduced waste generation.
GREENHOUSE AND NURSERY, COMMERCIAL
A building used for the cultivation and sale of plants grown on the premises or as nursery stock and for accessory items directly related to plant care and maintenance, such as pots, soil, mulch, fertilizers, insecticides, rakes or shovels.
[Amended 4-3-2017 by Ord. No. 780-17]
GROUND COVER
A low-growing perennial plant with a mature height of six inches to 18 inches.
GROUP HOME, LARGE
A nonprofit residential facility other than a halfway house, or a community shelter in which more than nine but not more than 16 unrelated persons with developmental disabilities, mental disorders or those in recovery from addiction as defined in the State of Maryland Code, Health-General Article, live together and maintain a common household.
[Amended 9-16-2019 by Ord. No. 792-19]
GROUP HOME, SMALL
A nonprofit residential facility other than a halfway house, or a community shelter in which more than three but not more than nine unrelated persons with developmental disabilities, mental disorders or those in recovery for addiction as defined in the State of Maryland Code, Health-General Article, live together and maintain a common household.
[Added 9-16-2019 by Ord. No. 792-19]
GROWING SEASON
The period of consecutive frost-free days as stated in the current soil survey for this county published by the National Cooperative Soil Survey Program, 16 U.S.C. Chapter 3B, generally the period from April through November.
[Amended 4-3-2017 by Ord. No. 780-17]
HABITABLE SPACE
Actual living space of the principal use and structure, not including basements (even if improved), porches, decks, garage areas or other accessory uses or structures.
[Amended 7-17-2023 by Ord. No. 813-23]
HALFWAY HOUSE
A dwelling unit or part thereof in which lodging, meals and some combination of personal care, social or counseling services, or transportation are provided in exchange for compensation to three or more persons in the custody of the state or federal correctional or juvenile justice systems.[5]
HELIPAD
Area designed to accommodate touchdown and liftoff of helicopters for the purpose of picking up or discharging passengers, patients or cargo.
[Added 4-3-2017 by Ord. No. 780-17]
HIGHWAY
Any thoroughfare, freeway, or arterial carrying traffic, including any thoroughfare having a Maryland primary highway number or a United States highway number.
HISTORIC DISTRICT
A group of properties officially designated by the Board of Town Commissioners as an historic area within predetermined boundaries having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
HISTORIC SITE
An individual property officially designated by the Board of Town Commissioners as having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
HISTORIC STRUCTURE
A structure of historical, architectural, archeological, or cultural significance which is eligible for designation on the National or State Register of Historic Places, as a Harford County landmark or as a Bel Air historic site or district.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit. A home occupation may include a for-profit home business or home office for a resident who may work for another employer or contract or consult with another company or individual. A home occupation does not include goods, wares or merchandise offered, displayed or kept for sale within the dwelling unit. For purposes of this chapter, "home occupation" shall include the following:
A. 
Artists not employing industrial fabrication techniques.
B. 
Authors and writers.
C. 
Dressmakers, seamstresses and tailors.
D. 
Model making, weaving, custom woodworking and other home crafts not involving industrial fabrication techniques.
E. 
Music and dance teachers having classes of fewer than four pupils at any one time.
F. 
Offices of a person practicing a trade/profession from a residence.
G. 
Repairs of bicycles (but no other vehicles), cameras, clocks, jewelry and small appliances not involving industrial fabrication techniques.
H. 
Tutoring or instruction of fewer than four pupils at any one time.
[Added 4-3-2017 by Ord. No. 780-17[6]; amended 7-17-2023 by Ord. No. 813-23]
I. 
Other uses as may be found by the reviewing authority to be consistent with the purpose of the district in which the use is located.
[Amended 4-3-2017 by Ord. No. 780-17]
HOSPITAL
An institution providing inpatient health care services and medical or surgical care, including general hospitals and specialized medical institutions.
HOTEL
A building in which lodging and/or boarding is provided for compensation and in which access to and from all rooms is made through an inside lobby or office.
HOUSE OF WORSHIP
A building, structure or group of buildings or structures that, by design and construction, are primarily intended for conducting organized religious services and associated accessory uses.
ILLUMINATION, DIRECT
Lighting that travels directly from its source to the viewers eye.
ILLUMINATION, INDIRECT
Lighting cast upon an opaque surface from a concealed source.
IMPACT FEES
Costs imposed on new development to fund public facility improvements required by new development and to ease fiscal burdens on localities.
IMPERVIOUS SURFACE
Any surface through which rainfall cannot pass or be effectively absorbed (roads, bridges, paved parking lots, sidewalks, etc.).
IMPROVEMENT, PUBLIC
Includes but is not limited to the following: a street pavement, with or without curbs and gutters; sidewalks; crosswalks; water and gas mains and other public utilities; sanitary sewers and storm drains, with appurtenant construction; street trees; street signs.
INDUSTRIAL USE
An establishment primarily engaged in manufacturing, construction, communication, transportation, electric, gas or sanitary services, and/or wholesale trade.
INFILL DEVELOPMENT
Construction of any residential, commercial, institutional or industrial structure located in an existing developed area.
INFRASTRUCTURE
Water- and sewer lines, roads, schools and other public facilities needed to support developed areas.
INSTRUCTIONAL SERVICES
A for-profit educational facility offering classes to the public. Such facilities include, but are not limited to, martial arts, drivers education, real estate classes, arts and crafts classes and computer classes.
INTERSECTION
The crossing of two or more roads at grade.
ISLAND
An area within a right-of-way or parking area upon which vehicular traffic may not traverse. The area is to provide for pedestrian safety, separation of vehicles and/or landscaping and is formed by curbing or painted markings.
ITINERANT DEALERS, PEDDLERS AND SOLICITORS
See Town Code Chapter 272.
[Added 4-3-2017 by Ord. No. 780-17]
JUNKYARD
Any area where waste or scrap material, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles, is bought, sold, exchanged, baled, packed, stored, disassembled or handled, but not including areas where such uses are conducted entirely within a completely enclosed building. Not included are pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged machinery and the processing of used, discarded or salvaged materials as part of manufacturing operations.
KENNEL
An establishment, not part of an agricultural use, in which six or more domestic animals, such as cats, dogs and other pets, more than six months old are kept, groomed, bred, boarded or trained.
LANDMARK BUILDINGS
A structure with significant historic, architectural or cultural meaning or importance.
LAND TRUST
A public or private nonprofit organization which holds conservation easements donated for the purpose of open space preservation or forest conservation.
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)
The Green Building Rating System, which is a nationally accepted bench mark for design, construction and operation of high-performance green buildings.
LEASABLE AREA/SPACE
The total floor area designed for owner or tenant occupancy and exclusive use. It is expressed in square feet, measured from the center lines of joint partitions and exteriors of outside walls.
[Amended 4-3-2017 by Ord. No. 780-17]
LEVEL OF SERVICE
A measurement tool designed to calculate the maximum number of vehicles that have a reasonable expectation of passing over a given section of roadway or through an intersection in a given period of time under prevailing roadway and traffic conditions. For purposes of this Part 2, "level of service" is categorized in a series of letter grades, "A" through "F." Level of Service "A" denotes the best traffic conditions while Level of Service "F" indicates gridlock.[7]
LIQUOR STORE
A retail establishment that sells packaged liquor, wine or beer for consumption off premises which possesses the appropriate license from the State of Maryland or more than 50% of all sales are for alcoholic beverages or related items.
[Added 4-3-2017 by Ord. No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
LOCAL LEGISLATIVE BODY
The Board of Town Commissioners for Bel Air.
LOCATION
A lot, premises, building, structure, wall or any place whatsoever upon which development of any type regulated by the Development Regulations is proposed or exists.
LOT
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon.
[Amended 7-17-2023 by Ord. No. 813-23]
A. 
LOT AREAThe total horizontal area located within the property lines.
165-104.IV.tif
Figure 165-104.IV
B. 
LOT, CORNERA lot situated at the intersection of two or more streets or upon two parts of the same street forming an interior angle of 135° or less.
C. 
LOT DEPTHThe average horizontal distance between the front lot line and the rear lot line or other parallel lot line of a lot, measured within the lot boundaries.
D. 
LOT, DOUBLE FRONTAGEA lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
E. 
LOT FRONTAGEThat portion of a lot extending along a public or private street.
F. 
LOT, INTERIORAny lot other than a corner lot.
G. 
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street or waterway or any other public space. When a lot line is curved, all dimensions related to said lot line shall be based on the chord of the arc.
H. 
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way. On a through lot, both lines adjacent to the street shall be deemed front lot lines. On a corner lot, all lot lines which are also a street right-of-way line shall be considered front lot lines.
I. 
LOT, MULTI-FRONTEDA lot having frontage on three or more streets, as distinguished from a corner lot, a double frontage lot or a through lot.
J. 
LOT LINE, REARExcept in the case of corner lots or multi-fronted lots, the line opposite and most distant from the front lot line.
K. 
LOT LINE, SIDEAny lot line connected to a front or rear lot line.
L. 
LOT LINE, STREET OR ALLEYAny lot line separating the lot from a street or alley.
M. 
LOT, PANHANDLEA lot with the appearance of a frying pan or flagstaff in which the handle is most often used as the point of access to a road.
N. 
LOT SIZE REQUIREMENTSRestrictions on the dimensions of a lot, to include a specified zoning district size, lot area and lot width, all established to limit the minimum size and dimension of a lot in a given zoning district.
O. 
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot.
P. 
LOT WIDTHThe width of the lot measured at right angles to its center line at the front building line.
MANUFACTURING, PRIMARY
Establishments engaged in the initial processing or treatment of raw materials or manufacturing of products that require additional processing, fabrication or assembly for ultimate use by the consumer. These shall include, but not be limited to, chemical and allied products, fabricated metal products, food and kindred products, lumber and wood products, furniture stripping, machinery production, miscellaneous manufacturing, paper and allied products, petroleum and coal products, rubber and miscellaneous plastics, stone, clay and glass manufacturing and transportation equipment manufacturing.
MANUFACTURING, SECONDARY
Establishments engaged in the manufacture of products for final use or consumption. This usually involves the secondary processing, fabrication or assembly of semifinished products from a primary manufacturing industry. These shall include, but not be limited to, the following: apparel and other textile manufacturing, furniture and fixtures, instruments and related products, leather and leather products, office computing and accounting equipment manufacturing.
MATURE TREE
A tree of any species which measures a minimum of 10 inches in diameter at breast height (DBH) or greater.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing, construction, renovation and restoration projects so that all reasonable opportunities for using building techniques and treatments for reducing the carbon footprint of new development are exhausted.[8]
MEDICAL SERVICES
The provision of medical, dental, surgical, or other health-related services to individuals, including medical outpatient clinics, medical laboratories, therapeutic massage, chiropractic clinics, osteopathic clinics, dental clinics, dental laboratories, hospital supplies, opticians, optometrists, or osteopaths.
[Amended 7-17-2023 by Ord. No. 813-23]
MICROBREWERY/WINERY/DISTILLERY
Facility used for the production of beer, hard cider, wine or other alcoholic beverages where such beverages are brewed, fermented or distilled for consumption on site, sale as packaged goods or distribution wholesale and which possesses the appropriate license from the State of Maryland.
[Added 4-3-2017 by Ord. No. 780-17]
MINI STORAGE
Facility that contains various sizes of individual compartmentalized and controlled access stalls for the storage of customer's goods and wares.
[Added 4-3-2017 by Ord. No. 780-17]
MITIGATION
Process or projects replacing lost or degraded resources, such as wetlands or habitat, at another location.
MIXED-USE CENTER
A building, or group of buildings consisting of two or more uses exceeding 10,000 square feet and developed as an integrated scheme of development containing both commercial and residential floor space, conceived and designed as a single environment in which both commercial and residential amenities are provided.[9]
[Amended 7-17-2023 by Ord. No. 813-23]
MOTOR VEHICLE SALES, SERVICE AND STORAGE
A lot, building, premises or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles, including, but not limited to, filling, repair and service stations, commercial vehicle construction and industrial sales, service and storage facilities from vehicle sales and service facilities, motor vehicle rental and leasing facilities and public garages.
NEIGHBORHOOD
An area of a community with characteristics that distinguish it from other areas and that may include distinct economic characteristics, housing types or boundaries defined by physical barriers, such as roads or natural features; for purposes of annexation and/or zoning review, an area two blocks from the applicable site in all directions.
NONCONFORMING
A. 
NONCONFORMING BUILDING OR STRUCTUREA legally preexisting building or structure that was lawful when constructed and continues to be lawful, even though it no longer conforms to the bulk area and/or setback requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.[10]
B. 
NONCONFORMING USEA legally preexisting use which was lawful when established and continues to be lawful, even though it no longer conforms to the requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.
NONTIDAL WETLANDS
All palustrine aquatic bed, palustrine emergent, palustrine forested and palustrine scrub-shrub wetlands as defined by the United States Fish and Wildlife Service, except tidal wetlands regulated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland. These nontidal wetlands are lands where the water table is usually at or near the surface (i.e., periodically saturated) or areas where the substrate or soil is covered by shallow water at some time during the growing season. They are further characterized by one or both of the following two attributes:
A. 
The land supports predominantly obligate or facultative wet hydrophyte plant species cited in the Department of Natural Resources publication entitled "Vascular Plant Species Occurring in Maryland Wetlands."
B. 
The substitute is predominantly hydric soil.
NURSING HOME
A use providing bed care and inpatient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease or communicable disease.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
ONE-HUNDRED-YEAR FLOODPLAIN
The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater which has a one-percent chance of being equaled or exceeded in any given year.
OPEN SPACE
Any area of land or water set aside, dedicated, designed, 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.
OUTDOOR DINING OR BAR
An outdoor dining area or bar accessory to restaurant or tavern located on the same property.
[Added 4-3-2017 by Ord. No. 780-17]
OUTDOOR PROMOTIONAL EVENTS
Carnivals, craft shows, flea markets and similar events.
OUTDOOR SALES EVENTS
Tent sales, temporary sidewalk sales, Christmas tree sales, flower sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales, yard sales or similar short-term events.
OVERLAY DISTRICT
A specially mapped district which is subject to supplementary regulations or requirements for development.
PARCEL
Any contiguous area, site, or portion of land under common ownership.[11]
PARKING IMPACT STUDY
A documented analysis, prepared by a professional transportation consultant or engineer, delineating the effects of a development on area parking facilities based on the parking needs generated by the proposed use.
PARKING LOT, COMMERCIAL
An off-street parking structure or surface lot used for the daily or long-term storage of motor vehicles, with payment of a fee.
[Amended 4-3-2017 by Ord. No. 780-17; 11-1-2021 by Ord. No. 806-21]
PARKING LOT, SATELLITE
An off-street parking lot solely utilized by an adjacent use via a recorded easement or agreement for required spaces approved under § 165-51C(1).
[Added 11-1-2021 by Ord. No. 806-21]
PARKING, MUNICIPAL
An off-street parking structure or surface lot, other than a private lot, that is available to the general public for use.
[Added 4-3-2017 by Ord. No. 780-17]
PARKING SPACE
An area designated and used for parking space, as specified in Article VII, for normal, handicapped or compact-sized vehicles.[12]
PARKING STRUCTURE
A building or part of a building solely used or designed to be used for the parking and storage of vehicles.
[Added 7-17-2023 by Ord. No. 813-23]
PERFORMANCE STANDARD
A minimum requirement or maximum allowable limit on the effects of a use. Such standards are placed on individual uses in addition to the general zoning requirements.
PERSON
Any individual, corporation, incorporated association, firm, partnership, sole proprietorship and any other recognized legal entity.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his/her personal goods or apparel, including catering, clothing alteration, formal wear/rental, funeral home/morticians, interior decorating, pet grooming, photo studio, shoe repair and watch/jewelry repair.
PHARMACY
Retail establishment engaged in the preparation and sale of prescription, nonprescription drugs, related health aids, and medical equipment. Convenience goods are considered as accessory retail.
[Added 4-3-2017 by Ord. No. 780-17]
PLANNING COMMISSION
The Town of Bel Air Planning Commission.
PLANT UNIT
A deciduous tree at least two inches in caliper or greater, an evergreen tree at least five feet in height, or a suitable shrub, as approved by the Planning Commission.
PLAT
A map showing the location, boundaries and ownership of individual properties planned and developed as a single project.
PLAT, FINAL
A surveyor's precise drawing that fixes the locations and boundaries of lots and streets.
POULTRY
Domestic fowl raised in confinement as a pet or for meat, eggs or feathers.
[Added 7-17-2023 by Ord. No. 813-23]
PRINTING/PUBLISHING SERVICES
A commercial use that designs, produces, or distributes printed material.
[Added 4-3-2017 by Ord. No. 780-17]
PROFESSIONAL SERVICE, GROUP
Professional service establishment consisting of three or more professionals.
[Amended 4-3-2017 by Ord. No. 780-17]
PROFESSIONAL SERVICES
The service by members of any profession, including but not limited to accountants, architects, lawyers, financial service practitioners, insurance agents, engineers, real estate agents, travel agents or social workers.
[Amended 7-17-2023 by Ord. No. 813-23]
PROJECTION
The distance by which a sign, canopy, marquee, roofline and the like extends over public property or beyond the building line.
PROJECT AREA
Area encompassing all recorded properties and rights-of-way proposed for development or supporting development.
[Added 7-17-2023 by Ord. No. 813-23]
PUBLIC
Open to common use, whether or not government ownership is involved.
PUBLIC ART
A park, plaza, mural, sculpture, fountain, street furniture, bas-relief, painting or similar decorative element which is located in an area where the public is directly or indirectly invited to visit or permitted to congregate.
QUALIFIED PROFESSIONAL
A person regularly engaged in a business for pay or as a means of livelihood for a minimum of three years, whether certified or not.
QUALITY OF LIFE
Aspects of the economic, social and physical environment that make a community a desirable place in which to live or do business.
RATED CAPACITY
Factor used to calculate parking demand for uses specified in Article VII, § 165-51H, of this Part 2.
RECREATIONAL VEHICLE OR TRAILER
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord. No. 780-17]
RECREATION, INDOOR
An establishment providing completely enclosed recreational activities. Accessory uses shall be permitted to include the preparation and service of food and/or the sale of equipment related to enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, laser tag, miniature golf, batting cage and related athletic-oriented games, including arenas/stadiums.
[Amended 4-3-2017 by Ord. No. 780-17]
RECREATION, OUTDOOR
An area free of buildings, except for rest rooms, dressing rooms, equipment storage, maintenance building, open-air pavilions, picnic grounds and similar structures, used primarily for recreational activities.
RECYCLING/REUSE BIN OR CONTAINER
A designated bin or container, of less than 200 square feet, which accepts donations of used goods for recycling, resale or free distribution.
[Added 7-17-2023 by Ord. No. 813-23]
RECYCLING/REUSE CENTER
A designated facility which accepts donations of used goods for recycling, resale or free distribution.
[Amended 4-3-2017 by Ord. No. 780-17]
REDEVELOPMENT
Construction activity in a previously developed area including the demolition, rehabilitation or structural alteration of an existing structure. May also include the reconstruction of a structure after demolition of less than 50% or reconstruction using 100% of the existing foundation.
[Added 4-3-2017 by Ord. No. 780-17]
REFORESTATION
The creation of a biological community dominated by trees and other woody plants containing at least 100 live trees per acre, with at least 50% of those trees having the potential of attaining a two-inch or greater diameter, measured at 4.5 feet above the ground, within seven years; or the establishment of a forest according to procedures set forth in the Maryland Forest Conservation Technical Manual. This includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2,500 square feet or more of area.
RESTAURANT
A commercial establishment where food and beverages are prepared and served for consumption on or off the premises. However, a snack bar or refreshment stand shall not be deemed a restaurant.
REVIEWING AGENCY
Includes any of the primary agencies or individuals involved in the administration of the Town of Bel Air Development Regulations.
RIGHTS-OF-WAY
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, waterline, sanitary or storm sewer or similar uses.
ROAD
See "street."
ROAD FRONTAGE
That portion of a lot abutting a street or highway and situated between lot lines intersecting such street or highway.
ROADWAY
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the roadway is that portion between the edges of the paved or hard surface width.
ROOFLINE
That part of the roof or parapet which covers the major area of the building which is the highest point as viewed in elevation from the front or side. (See "building, height of" illustration.)
ROUTINE MAINTENANCE
Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historical, architectural or archeological significance of a site or structure.
SATELLITE RECEIVING DISH
A device used or designed to receive electromagnetic signals from earth-orbiting satellites and other extraterrestrial sources and is external to or is attached to the exterior of any building. The term "satellite receiving dish" includes satellite earth stations, satellite television antennas, satellite dish antennas or any other devices designed to receive signals from satellites in the manner described above. For the purposes of these regulations, accessory satellite receiving dishes shall not be considered as wireless transmitting and receiving structures, rigid-structure antennae or long-wire antennae.
SCREENING
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls or berms.
SEASONAL MERCHANDISE
Products that are primarily sold during a particular season of the year, e.g., Christmas trees, locally grown produce, holiday flowers, snowballs and similar products.
SETBACK
The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
SHED
A permanent storage facility exceeding 25 square feet and less than 200 square feet constructed as an accessory structure incidental to the use of the principal building, not to include shipping containers or tractor-trailer bodies.
[Amended 4-2-2018 by Ord. No. 783-18]
SHOPPERS' MERCHANDISE
Establishment exceeding 5,000 square feet that offers commodities, including, but not limited to, apparel/accessories, automobile supplies, business equipment, china/glassware, commercial art, communications equipment, computers/calculators, drugstores, fabrics/upholstery, floor coverings, hardware, home appliances, home improvement supplies, home furnishings/furniture, import stores, liquor stores, luggage/leather goods, musical instruments/supplies, paint/wall coverings, party supplies, photographic equipment sales, radios, records and tapes, sporting goods, television/stereo sales and service, variety stores and toy/game stores. Establishments commonly referred to as "catalog showrooms," "department stores," "discount stores," and "supermarkets" shall be regulated as shoppers' merchandise.
[Amended 7-17-2023 by Ord. No. 813-23]
SHOPPING CENTER
A group or assemblage of four or more retail trade and service uses exceeding 20,000 square feet in aggregate developed under a uniform plan or scheme of development and serviced by common, integral utilities, access, circulation, and parking facilities.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
SHORT-TERM RENTAL
A residential home unit or an accessory building available for rent on a temporary basis for 30 days or less.
[Added 7-17-2023 by Ord. No. 813-23]
SIDEWALK CAFE AND SALES
A portion of a retail, drink or food establishment located contiguous to the business on a public sidewalk or public open space.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
SIGHT TRIANGLE
The area at the corner of a lot fronting on two streets, which shall remain unobstructed for sight distance purposes, as specified in Article IX of this Part 2.
SIGN
A structure which consists of a device, light, letter, word, model, barrier, logo, insignia, or representation, including any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interest(s) of any person when the same is placed out of doors in view of the general public, but excluding window displays or merchandise and signs which are incidental to the display of merchandise.
A. 
(1) 
For a sign, either freestanding or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself.
(2) 
For a sign consisting of individual letters or symbols attached to or painted on a surface or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters and symbols.
B. 
SIGN, BILLBOARDA sign which directs attention to a business, commodity, service, entertainment, event, or other activity conducted, sold or offered in a location other than the property on which the sign is located.
[Added 7-17-2023 by Ord. No. 813-23[13]]
C. 
SIGN, BANNERA temporary sign displayed on cloth or similar flexible material and designed to be mounted on an open framework or hanging from posts, poles or wall-mounted, used as an advertisement.
[Amended 4-3-2017 by Ord. No. 780-17]
D. 
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
E. 
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
F. 
SIGN, DIRECTORYA self-supporting sign in a fixed location listing the names and/or logos of businesses and located at the entrance to a property on which groupings of business, commercial or industrial uses have been concentrated.
G. 
SIGN, ELECTRONIC MESSAGEAny sign that uses changing lights or LED elements to form images or words wherein the color, brightness, sequence of message and the rate of change is electronically programmed and can be modified by electronic processes.
[Amended 7-17-2023 by Ord. No. 813-23]
H. 
SIGN, FEATHER OR WINDSAILAny temporary ground-mounted freestanding sign made of vinyl, canvas or similar flexible material fabricated as a large pennant for advertisement.
[Amended 7-17-2023 by Ord. No. 813-23]
I. 
SIGN, FREESTANDINGA self-supporting sign in a fixed location and not attached to any building or structure.
J. 
SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed toward the sign.
K. 
SIGN, MARQUEEA sign which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or rearranged manually without altering the face or surface of the sign.
L. 
SIGN, ON-PREMISESSign or other advertising device which advertises or indicates only the person occupying the premises on which it is located, the merchandise for sale, or the activity conducted thereon.[14]
M. 
SIGN, PROJECTINGA permanent sign that is hung at a ninety-degree angle from the face of and affixed to a building or structure and extends 12 inches or beyond the building wall, structure or parts thereof.
N. 
SIGN, SANDWICH BOARDAn A-frame or easel sign used for advertising in front of a specific business.
O. 
SIGN, TEMPORARYA banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be displayed for a limited time period.
[Amended 4-2-2018 by Ord. No. 783-18; 7-17-2023 by Ord. No. 813-23]
P. 
SIGN, VEHICLEAny sign exceeding 10 square feet in area, mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed that the sign thereon is discernible from a public street or right-of-way, and which, by its size, location and manner of display, acts as a means of communication calculated to exhibit advertising of an on-site or off-site business.
Q. 
SIGN, WALL (FLAT)One affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface 12 inches or less at all points.
R. 
SIGN, WINDOWAny outward facing sign placed within two feet on the inside of the window or within a display space inside of a window.
[Added 7-17-2023 by Ord. No. 813-23]
SIGNIFICANT CHANGE
A modification to a structure, natural feature or function that alters the location, size or orientation of a building, stormwater management facility, road, parking area or a feature that is visible from the public right-of-way.
SITE PLAN
A plan, to scale, showing uses and structures proposed for a parcel of land as required by the Town of Bel Air Development Regulations. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features (both natural and man-made), and existing and proposed utility lines.
SMOKING LOUNGE
An establishment which is dedicated in whole or in part to the sale and smoking of tobacco products or other legal substances on its premises; includes establishments such as cigar bars, hookah cafes, tobacco clubs, and vape lounges.
[Added 10-1-2012 by Ord. No. 754-12; amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
SPA
Establishment which provides homeopathic services such as aromatherapy, nontherapeutic massage, waxing, facials, sauna, steam room, nail services and various types of skin treatments.
[Added 7-17-2023 by Ord. No. 813-23]
SPECIAL DEVELOPMENT
A use permitted in a zoning district upon showing that such use in a specified location will comply with all conditions and standards for the location or operation of the use as specified in this Part 2 and authorized by the Planning Commission. (See Article XII, § 165-94.)
SPECIAL EVENTS
Circuses, fairs, carnivals, festivals, outdoor sales events, or other types of temporary outdoor uses that run for a limited time, but not more than six weeks; are intended to or are likely to draw substantial crowds or a steady flow of customers; and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SPECIAL EXCEPTION
A use which is conditionally compatible with other uses in the district in which it is permitted. (See Article XII, § 165-93.)
SPECIALTY FOOD STORE
A retail establishment less than 5,000 square feet which primarily carries limited types of interrelated goods, including a bakery, candy/nut confectionery, dairy food store, delicatessen, product store, health food store, ice cream parlor, meat/fish store and wine and cheese shops.
[Amended 7-17-2023 by Ord. No. 813-23]
SPECIALTY SHOPS
A retail store less than 5,000 square feet which carries limited types of interrelated goods, including but not limited to bookstores, candle shops, cosmetic shops, florist shops, gift shops, hobby and craft supply shops, novelty shops, jewelry shops, key shops, newspaper/magazine shops, pet shops, photographic shops, plant shops, print stores, secondhand merchandise, souvenir shops, stationery shops, tack shops, telephone stores and tobacco shops.
[Amended 7-17-2023 by Ord. No. 813-23]
STABLE, PRIVATE
A structure designed to shelter not more than two animals.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story.
STREET
A public or private right-of-way which provides a public means of access to an abutting property. The term "street" shall include road, avenue, drive, circle, highway or similar term.
A. 
STREET, ARTERIALA street designed to carry large volumes of traffic, normally controlled by traffic signs and signals, and serves a major portion of the vehicular traffic entering and leaving the Town.
B. 
STREET, COLLECTORA street designed to carry moderate volumes of traffic, which, in addition to providing access to abutting properties, is intended to collect traffic from, and distribute it to, a series of local streets within a neighborhood.
C. 
STREET, LOCALA street designed to carry limited volumes of traffic and intended to serve and provide access primarily to the properties abutting thereon or to provide a cross-connection between other local streets.
STREET FURNITURE
Structures placed within the street right-of-way for the purpose of amenity or service, including but not limited to benches, trash receptacles, information boards, bollards, and decorative light fixtures.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such as walls, columns, beams, girders, or rafters.
STRUCTURE
Anything built or constructed.
SUBDIVIDER
Any person or agent thereof who subdivides any land as defined herein or undertakes any of the activities covered by the subdivision regulations of the Town of Bel Air Development Regulations. The term "subdivider" includes the term "developer," even though the persons involved in successive stages of a project may vary.
SUBDIVISION
The division of any lot, tract or parcel of land into two or more lots, parcels, plats or sites, or the division of any land by the laying out or creation of any new public street, road, alley, public use, parking area, easement, or any other public place, space, or building site, for the purpose, whether immediate or future, of transfer of ownership or building development. It includes resubdivision, lot consolidation and, when appropriate to the context, relates to the process of resubdivision or to the land or territory subdivided.
SUBSTANTIAL CONSTRUCTION
Completion of footings and foundation in new construction, with walls at least partially erected, or any alteration of a structural member in existing construction.
SUBSTANTIAL IMPROVEMENT/CHANGE
Any addition to a property and/or any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds 50% of the fair market value of a property before the improvement is made.
[Amended 4-3-2017 by Ord. No. 780-17]
SUPERMARKET
A retail establishment which sells dry groceries, produce, household items and limited baking or delicatessen items prepared on premises having a gross floor area (exclusive of basement) exceeding 5,000 square feet.
[Amended 7-17-2023 by Ord. No. 813-23]
SUSTAINABLE DEVELOPMENT
Development with the goal of preserving environmental quality, natural resources and livability for present and future generations. Sustainable initiatives work to ensure efficient use of resources.
TATTOO SERVICE
See "body-piercing service."
TAVERN
An establishment used primarily for the dispensing of alcohol for consumption on premises to the general public where food is sold or served as accessory to the primary use and which possesses the appropriate license from the State of Maryland.
[Amended 4-3-2017 by Ord. No. 780-17]
TAVERN WITH ENTERTAINMENT
A tavern (as defined separately in Article XIV) in which dancing, gaming or live entertainment are provided.
[Amended 4-3-2017 by Ord. No. 780-17]
TOWN STANDARD SPECIFICATIONS AND DETAILS
Current standards, specifications and details for water mains, sanitary sewers, storm drains, streets and roads, as adopted by the Board of Town Commissioners, and all amendments thereto.
TRANSITION AREA
Properties located on the fringe of the downtown commercial districts which are significantly impacted by commercial development and traffic patterns.
USE
The purpose or activity for which land, buildings, or structures are designed, arranged, intended, occupied or maintained.
USE CATEGORY
A group of similar use types that are associated with each other to such an extent that they perform a specific land use function. For the purposes of this Part 2, use categories are:
A. 
Amusements/entertainment;
B. 
Industrial;
C. 
Institutional;
D. 
Natural resources;
E. 
Residential;
F. 
Retail uses;
G. 
Service uses; and
H. 
Temporary uses.
USE, TEMPORARY
The temporary use or activity permitted for a maximum period of 30 days unless otherwise noted in this Part 2.
[Added 7-17-2023 by Ord. No. 813-23]
VARIANCE
An adjustment in the application of specific area, bulk or density regulations of the Town of Bel Air Development Regulations because of special circumstances applicable to a particular property. See Article XII, § 165-92.
VEHICLE ACCOMMODATION AREA
That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.
WAREHOUSING
A commercial facility used for the storage and handling of freight or merchandise. Storage incidental to retail sales not in excess of 50% of the total gross square feet of the establishment is excluded.
[Added 4-3-2017 by Ord. No. 780-17]
WATERSHED
The geographic area which drains into a specific body of water. A watershed may contain several subwatersheds.
WETLANDS
Natural areas, as determined by the United States Army Corps of Engineers, that have a predominance of hydric soils and that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
YARD
An open area between the lot line and setback or existing building line within which no principal structures shall be located.
[Amended 9-16-2019 by Ord. No. 792-19; 7-17-2023 by Ord. No. 813-23]
A. 
YARD, FRONTA yard extending the full width of the lot between any principal building and all front lot lines measured perpendicular to the front lot line at the closest point of the nearest point on the principal building.
B. 
YARD, REARA yard extending the full width of the lot between any principal building and the rear lot line measured perpendicular to the rear lot line at the closest point of the nearest point on the principal building. A lot with multiple front yards may not have a rear yard. Rear yard dimensions may be averaged as stated in Article IX.
C. 
YARD, SIDEA yard extending from the front yard to any other lot line between any principal building and the side lot line and measured perpendicular to the side lot line at the closest point of the nearest point on the principal building. Side yard dimensions may be averaged as stated in Article IX.
ZONING ADMINISTRATOR
The administrative officer charged with enforcement of the requirements specified in the Land Use Article of the Annotated Code of Maryland and the requirements of the Town of Bel Air's Development Regulations. The Zoning Administrator is also known as the Director of Planning and Community Development.
[Amended 4-3-2017 by Ord. No. 780-17]
ZONING CASE
Any request for subdivision, site plan approval, special exception, special development, variance, interpretation, annexation or rezoning or amendment, modification or clarification of the same.
ZONING MAP
The Zoning Map[15] of Bel Air, Maryland, dated November 28, 2016, together with all amendments thereto subsequently adopted.
[Amended 4-3-2017 by Ord. No. 780-17]
[1]
Editor's Note: The former definition of "arcade," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[2]
Editor's Note: The former definition of "continuing care retirement facility (CCRC)," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[3]
Editor's Note: The former definition of "cottage housing," which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[4]
Editor's Note: This ordinance also redesignated former Subsections A through E as Subsections B through F, respectively.
[5]
Editor's Note: The former definition of "hawkers or peddlers," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[6]
Editor's Note: This ordinance also redesignated former Subsection H of this definition as Subsection I.
[7]
Editor's Note: The former definition of "life care facility," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[8]
Editor's Note: The former definition of "medical cannabis dispensary," which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[9]
Editor's Note: The former definition of "motel," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[10]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[11]
Editor's Note: The former definition of "parking deck," which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[12]
Editor's Note: The former definition of "peddler," which immediately followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[13]
Editor's Note: This ordinance also redesignated former Subsections B through P as Subsections C through Q, respectively.
[14]
Editor's Note: The former definition of "sign, political" which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[15]
Editor's Note: The Zoning Map is included as an attachment to this chapter.